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
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