WORK AUTHORIZATION FOR SPOUSES OF H-1B NONIMMIGRANTS
In the face of Congressional inaction on immigration reform, the Department of Homeland Security has proposed a rule change which may grant certain H-4 dependent spouses of H-1B nonimmigrants work authorization. Currently, H4 nonimmigrant spouses are not allowed to work or must find their own work-authorized nonimmigrant status. The current proposed rules, however, differ from past proposals in that work authorization for H4 spouses is extended only where the principal H1B holder has obtained the following: 1. An approved Immigrant Petition for Alien Worker (form I-140); 2. A PERM labor certification that has been on file for 365 days, or ... 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
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