Category: Immigration Law
FOLLOWING THE RULES: AN OVERVIEW OF THE GOVERNMENT’S RESPONSIBILITIES WHEN APPREHENDING UNACCOMPANIED CHILDREN WHO HAVE RECENTLY ARRIVED TO THE UNITED STATES.
The recent influx of unaccompanied children from Central America and other countries has dominated the news. As usual, whenever the topic of immigration arises, a common theme is that immigrants should follow the rules. Indeed, immigrants are often chastised by anti-immigration activists for allegedly not following the rules. Ironically, these same activists who are critical of rule-breaking often urge immigration officials to disregard the rules when it comes to the processing of children for deportation. For example, California residents recently stopped a bus containing juvenile immigrants from Central America from arriving at a Border Patrol facility. Some of the protesters ... Read more
RENEWING DACA
Deferred Action for Childhood Arrivals (DACA) is in the news again with the upcoming second anniversary of the memo creating this immigration benefit for foreign nationals who were brought to the United States as children. Over a half million people are enjoying the significant benefits of being granted DACA status. Some of these benefits include: work authorization, a driver’s license, and freedom from worrying about deportation. For statistics on the economic and social impact of DACA on recipients, see a recent study published by the Immigration Policy Center at: http://www.immigrationpolicy.org/just-facts/how-daca-impacting-lives-tho…. While DACA status is only awarded for 2 years, it ... Read more
TIME TO FILE H-1B PETITIONS!
U.S. Citizenship and Immigration Services will begin accepting new cap subject H-1B petitions beginning on Tuesday April 1, 2014. We anticipate that H-1B numbers will be exhausted within the first days of availability. DMCA is still accepting and preparing these types of H-1B filings for professionals where the position requires a related degree. There is still time – contact us today at 1-866-690-1844 to speak with one of our business immigration attorneys. Foreign nationals that are not eligible for an H-1B may qualify for a different type of work classification. We represent individuals and companies throughout the country we can ... Read more
INS AND OUTS OF THE U VISA
Being the victim of a crime can be a terrifying and sometimes life-threatening experience. It is even more difficult if the victim is undocumented and fears deportation if he or she turns to local law enforcement for help. The United States government recognizes that in order to fight crime, the police and prosecutors need the cooperation of victims, and require the tools to encourage their participation and trust. And so, Congress created the U visa. If someone without lawful immigration status has been the victim of a serious crime in the U.S., has been helpful to the investigation and/or prosecution ... Read more
BIA MOVES TO “SOCIAL DISTINCTION” TEST IN SOME ASYLUM CASES
To be granted asylum, an applicant must show that he fears persecution because of his race, religion, nationality, membership in a particular social group, or political opinion. For almost 30 years now, immigration officials have struggled to define the characteristics and boundaries of what it means to belong to a particular social group. In a series of decisions, immigration officials have laid out tests, such as social visibility and particularity, to determine whether a proposed group will pass muster. Under prior case law, the social visibility test meant that the shared characteristic of the group should generally be recognizable by ... Read more
ICE TARGETS VISA OVERSTAYS
U.S. Immigration & Customs Enforcement (ICE) Targets Foreign Nationals who Stayed in the United States Past the Period of their Visa Entry: The ICE Homeland Security Investigations, Document and Benefit Fraud Task Force (DBFTF) targets not only identity fraud and immigration benefit fraud but also foreign student visa violators and other foreign nationals who enter the United States with visas and stay longer than allowed. So if a foreign national enters the United States with a valid visa but does not depart when he or she should, ICE may track down the person’s location and request that the person comes ... Read more
TX APPELLATE CT: WHEN IS DEPORTATION CONSEQUENCE “TRULY CLEAR†FOR PADILLA?
In 1997, Isabel Rodriguez Campos, a legal permanent resident (LPR), was arrested for misdemeanor theft (involving $50.00-$500.00), and for prostitution, both classified as Class B misdemeanors in Texas. She soon met her court appointed counsel who, aware of her immigration status, recommended that she plead guilty to both offenses, and received a probated sentence that was later revoked to a term of 60 days in jail. Years later, Ms. Rodriguez discovered that as a result of her two convictions, she is subject to removal, albeit with the possibility of discretionary relief from an immigration judge (IJ). She attempted to have ... Read more
USCIS ANNOUNCES “I-601 PROVISIONAL WAIVER IS NOT IN EFFECTâ€
USCIS is considering changes that would allow spouses, parents, and/or children of U.S. citizens who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of their unlawful presence before leaving the United States. These changes are NOT in effect yet and will not be available to applicants until USCIS issues a final rule, which is expected towards the end of 2012. Accordingly, do NOT submit an Application for Waiver (Form I-601) requesting a provisional waiver at this time. Also, be aware that some unauthorized practitioners of immigration law, e.g., notaries or “notarios,†may ... Read more
USCIS ANNOUNCES INTENTION TO CHANGE PROCEDURES FOR FORM I-601
U.S. Citizenship and Immigration Services (“USCISâ€) recently proposed a change to its procedures for processing Form I-601 (Application for Waiver of Grounds of Inadmissibility). Currently, applicants who cannot adjust status in the United States are required to return to their native country and remain there while their I-601 waiver application are adjudicated by USCIS. This process can take several months and applicants are separated from their family members that remains in the U.S. Under the new proposed procedure, USCIS will allow applicants to file Form I-601 prior to the applicant’s departure from the United States and obtain a provisional decision ... Read more
USCIS REMINDS JAPANESE NATIONALS IMPACTED BY RECENT DISASTER OF TEMPORARY RELIEF MEASURES
USCIS recognizes that a natural disaster can affect the ability to establish or maintain lawful immigration status. Temporary measures to help individuals in this situation may include: a change/extension of nonimmigrant status (even if status has expired); extensions of advance parole; expedited adjudication of applications; and assistance to lawful permanent residents stranded overseas without U.S. entry documents. http://1.usa.gov/JapaneseNationalsInUSA Q and As in Japanese.pdf
SMITH LETTER HALF TRUE
In his Feb. 19 letter, U.S. Rep. Lamar Smith said the 14th Amendment never intended to grant birthright citizenship to children born in the U.S to foreigners. He cited amendment author Sen. Jacob Howard’s comments during Senate debate on May 30, 1866, but he stopped quoting Howard when he got to the word “foreigners.†Here’s the rest of the story: “This will not, of course, include persons born in the United States who are foreigners, aliens, who belong to the families of ambassadors or foreign ministers …†Howard said. He did not say it would exclude citizenship to children of ... Read more
CORNYN’S NO HELP
Sen. John Cornyn is probably sincere in the compassion he expressed in the Jan. 29 paper (“Texans take note: Obama’s heart isn’t in immigration reformâ€) for the millions here without immigration papers. However, he must have decided that to actually do something for them would be political suicide. The DREAM Act, which would have legalized young people without papers who grew up here, had enough support to pass in the Senate and be signed into law, but Cornyn helped to block it from coming to a vote. So, his heart is with those who want to legalize their status, but ... Read more