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Author: Ernest Goodman

Law Offices of Ernest Goodman > Articles posted by Ernest Goodman (Page 2)

Trump Cancels Paroles Issued Under Biden

Hello everyone, President Donald Trump has officially revoked the immigration "paroles" granted during the Biden administration to migrants who crossed the U.S.–Mexico border using the CBP One app (now renamed CBP Home). This decision marks a significant shift in how the U.S. is handling those who were previously allowed to enter and temporarily remain in the country while awaiting immigration proceedings....

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Trademark Registration in the U.S. — Why a Complete Search Is Essential

Hello everyone, Today we’ll discuss why conducting a trademark search is essential before registering a trademark. Establishing and protecting a brand is one of the most important steps a business can take. A strong trademark can be a valuable business asset, helping to distinguish your products or services in a crowded marketplace. But before investing in a name, logo, or slogan, you must ensure that your mark is available and legally safe to use....

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How to Apply for a Provisional Unlawful Presence Waiver (601A Waiver)

If you’re undocumented in the U.S. and married to a U.S. citizen or green card holder, you may be eligible to fix your immigration status — but it’s not as simple as just applying for a green card. Many people are stuck because they entered the U.S. without inspection, triggering a 3- or 10-year bar when they leave for a consular interview abroad. That’s where the Provisional Unlawful Presence Waiver (Form I-601A) comes in....

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EB-4 Green Card: The Religious Worker Exception

Most employment-based green card categories (such as EB-1 for extraordinary ability or EB-2 for advanced degrees) require applicants to have maintained lawful nonimmigrant status at all times. If an asylum applicant allowed their nonimmigrant status to expire, they typically lose eligibility for adjustment of status under INA § 245(a). However, EB-4 religious workers are exempt from this requirement. Even if an asylum applicant has been in the U.S. for years without lawful nonimmigrant status, they can still qualify for EB-4 if they meet the religious worker requirements....

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Alternative Ways To Get a Green Card While Asylum Case Is Pending

If your asylum case processing is experiencing delays or is possibly advancing to appeals in higher courts, it could be beneficial to consider alternative routes to obtaining a U.S. green card. For instance, you could consider marrying a U.S. citizen, securing a spot in the diversity visa lottery, or finding a U.S. employer to sponsor you....

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Habeas Corpus in Immigration Detention: When Deportation is Not Possible

Habeas corpus, under 28 U.S.C. § 2241, is a fundamental legal principle that allows individuals to challenge unlawful detention by the government. It serves as a safeguard against arbitrary or prolonged confinement without justification. In the immigration context, habeas corpus is particularly relevant for noncitizens detained by ICE beyond a reasonable period, especially when removal is not feasible. Noncitizens in detention often have limited legal options once a final removal order is issued. While ICE has the authority to detain individuals pending deportation, the legal basis for continued detention weakens when actual removal is not reasonably foreseeable. Habeas corpus petitions allow...

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EB-5 Visa and Trump’s Gold Card: 2025 Updates

In February 2025, former President Donald Trump announced a new immigration initiative known as the "Gold Card" visa. This proposal suggests granting U.S. residency to wealthy foreign investors in exchange for a $5 million investment. The Gold Card visa is envisioned as an alternative to EB-5, which has a much lower investment threshold but requires proof of job creation for U.S. workers. According to the Trump administration, the Gold Card is intended to simplify the process for affluent investors, eliminating certain requirements, such as proving that the investment leads to employment opportunities. The administration has argued that the existing EB-5 program...

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The American Rule in Legal Fees: Why Each Party Pays Their Own Lawyer

The American Rule is intended to encourage access to the courts. If losing a case meant automatically paying the other side’s legal fees, many people might be afraid to pursue valid claims. This rule ensures that litigation is not just a tool for the wealthy. However, critics argue that it allows frivolous lawsuits to flourish since plaintiffs do not face the risk of paying the defendant’s attorney’s fees if they lose....

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Descriptive Trademarks: The Challenges of Registration

Descriptive trademarks, therefore, occupy a middle ground. Unlike generic terms, they can achieve trademark status, but unlike suggestive marks, they do not start out with inherent distinctiveness. To be protectable, a descriptive mark must cross a threshold where the primary significance in the minds of the consuming public is not the product but the producer. This is the concept of acquired distinctiveness or secondary meaning....

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