Author: Jose
DMCA CHALLENGES ORDERS REINSTATING REMOVAL
In oral argument today before the Fifth Circuit Court of Appeals, DMCA attorney Juan Carlos Rodriguez argued that Immigration and Customs Enforcement (ICE) wrongly entered an order reinstating a prior order of removal against his client. ICE is only supposed to reinstate a prior order of removal when they are confronted with a person who was (1) previously removed and who (2) subsequently illegally re-entered the country. These reinstatement proceedings almost always involve a short proceeding between the immigrant and an ICE officer. The immigrant rarely fully understands the proceeding and is almost never allowed the right to speak to ... 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
GOVERNMENT ANNOUNCEMENTS ON TPS (ENGLISH & SPANISH)
Clave de TPS en Español
DMCA PARTNER LANCE CURTRIGHT WRITES ARTICLE ON PRACTICING CRIMMIGRATION LAW IN TEXAS LAWYER
20111017_tl_immigration_law.pdf
DMCA ATTORNEY MARISOL PEREZ ON PANEL: KSTX TOWN HALL ON IMMIGRATION REFORM: EXPLORING THE DREAM ACT
Our DMCA attorney Marisol L. Pérez will be a speaker on this panel tomorrow night at 7PM (doors open at 6:30PM) at the Pearl Studio in San Antonio. Marisol L. Pérez is a native of San Angelo, Texas and handles a wide range of immigration matters at De Mott, McChesney, Curtright & Armendáriz, LLP . She is active with several law associations and non-profit groups and is admitted to practice before the U.S. Court of Appeals for the Fifth Circuit, the Western District of Texas, the Southern District of Texas, and Northern District of Texas For more information: http://www.tpr.org/articles/2011/09/townhall-dream-act.html http://www.facebook.com/event.php?eid=278729578821198
MANAGING PARTNER RUTH LOZANO MCCHESNEY PROFILED IN THE SAN ANTONIO BUSINESS JOURNAL
Here’s an article from the San Antonio Business Journal on our Managing Partner, Ruth Lozano McChesney. It also contains some helpful tips on I-9 and employer compliance. 2011-08-12 SA Biz Journal Article – RLM.pdf
DMCA FILES PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES SUPREME COURT.
PETITION FOR A WRIT OF CERTIORARI.pdf
H-1B VISAS STILL AVAILABLE FOR FISCAL YEAR 2012 (UPDATED 06/06/2011)
USCIS has posted the most recent count for H-1B cap-subject petitions. As of June 1, 2011, USCIS has received approximately 13,600 H-1B cap-subject petitions and 9,300 for individuals with advanced degrees. http://1.usa.gov/H1bFY2012Count The H-1B program allows employers to sponsor foreign nationals to fill specialty occupations requiring at least a bachelor’s degree or its equivalent. Such positions include but are not limited to computer analysts and programmers, financial analysts, scientists, teachers, lawyers, doctors, architects and accountants. If you are a company or an individual seeking an H-1B work visa, we can help. Please contact us toll free at 1866-690-1844 to schedule ... Read more
USCIS ISSUES FINAL RULE ON EMPLOYMENT ELIGIBILITY VERIFICATION FORM (EFFECTIVE DATE: MAY 16, 2011)
Employers, agricultural recruiters and referrers for a fee must: (1) verify both the identity and employment authorization of each person hired, regardless of citizenship; (2) properly complete, retain and make available for inspection, Form I-9. The newly hired individual must: (1) attest to being a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the U.S.; and (2) present to employer a document or combination of documents designated by statute and regulation as acceptable. The employer must examine the document(s), record the information on the I-9, and attest that they appear to be genuine ... 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
ST. MARY’S PRESENTS THE GREAT DEBATE: IMMIGRATION ISSUES IN TEXAS AND THE UNITED STATES
When: Monday, March 28, 2011, 12:00pm – 1:30pm Where: Sarita Kenedy East Law Library- Law Alumni Room St. Mary’s School of Law Featured Guests: U.S. Congressman Charles A. Gonzalez Charles Cantú, Dean of St. Mary’s School of Law George Rodriguez, San Antonio Tea Party Nina Perales, National Litigation Director for MALDEF Lee Teran, St. Mary’s Law Professor Dream Act Students See the attached brochure. 2011 The Great Debate Brochure.pdf