DMCA Partner Marisol Perez speaks at 2019 Immigration Symposium
Watch DMCA Partner Marisol Perez speak at the 2019 St. Mary’s Law School’s Immigration Symposium. In her speech, Marisol addresses I-601A waivers and other important issues in consular processing. If you or someone you know is having difficulty with a U.S. consular post abroad or is considering traveling for an interview, call (866)690-1844 to discuss your options. Marisol is board certified by the Texas Board of Legal Specialization in immigration and nationality laws. Marisol Perez’s speech at 2019 Immigration Symposium
DMCA has a podcast!
DMCA published its first episode on its new podcast today. In the first episode, Lance Curtright discusses what to expect in removal proceedings. If you have ideas for topics for future episodes, please let us know and we’ll try to work them in. https://www.buzzsprout.com/263228/977517-removal-proceedings?fbclid=IwAR3_Nzdjj4UATxAx79lGz-T_womsgdWfhbBfoiB-R7ebF09YkAvYWYqGlrY
H-4 EADs and H1B Cap Season
In May 2015 USCIS issued a final rule allowing certain H-4 dependent spouses to apply for an employment authorization document (EAD). The current administration has issued a new rule that proposes to end employment authorization for these same H-4 visa holders. This rule could be finalized as quickly as May 2019. H-4 visa holders come to the U.S. to join their spouses on H1B visas. It is estimated that about 90,000 foreign nationals, mostly women hold EADs through this program. The EADs are issued to spouses who are well on their way to obtaining lawful permanent residence through employer sponsorship, ... Read more
H1B Cap Season: What You Need to Know Now
U.S. Citizenship and Immigration Services (USCIS) has announced partial implementation to new rules regarding cap subject H1Bs. The new rules will have minimal effects regarding the application process for fiscal year 2020, but partial implementation of the new rules will favor H1B applicants with U.S. Master’s degrees this year. Full implementation of the new rules is anticipated for the next fiscal year, which will include a registration process for employers and beneficiaries. As H1B season is rapidly approaching, it is critical that employers and applicants begin preparation of H1B petitions in advance of the filing receipt deadline for the first ... Read more
Why February 5, 2019 is important for student visa holders
On August 9, 2018, USCIS issued a memorandum on how unlawful presence would be calculated for student visa holders in F, J, and M status. Before the memo was issued the student would not begin to accrue unlawful presence until the day after a formal finding was made by the government. Under the new memo, which remains in effect, despite pending litigation in the federal courts, if an F-1 student is found to have failed to maintain status, the student will begin to accrue unlawful presence on the day after he or she engaged in the “unauthorized activity” that caused the status ... Read more
DMCA partner Lance Curtright’s interview with Ben Kissel on Abe Lincoln’s Top Hat
“We discuss the ongoing consequences of the government shutdown and we are joined by immigration attorney Lance Curtright to discuss unpacking disinformation, ‘Blame the Immigrant’ rhetoric and what the future has in store.”
Trump’s shutdown stops immigration courts from functioning
In the story linked-below, DMCA partner Lance Curtright, discusses a special case about a woman who is particularly affected by the shutdown. From the story: “‘Her husband is dying,’ immigration attorney Lance Curtright said. ‘And part of the reason we think she can get her green card in the United States requires her husband to be alive.’ Campos’s attorney, Curtright said she’s in a race against time. ‘That’s why we are trying desperately to get her case in front of a judge,’ Curtright said. ‘The problem is, the court isn’t open for business because they are not funded.’ A painful ... Read more
DMCA partner Lance Curtright on KSAT news in an interview about changes to asylum procedures
New asylum policy could face court challenge
How the Trump Shutdown may impact immigration cases
Recent news indicates that President Trump intends to shut down the government if Congress refuses to fund his ill-advised border wall. Here is how the Trump shutdown will affect federal agencies that process immigration cases: U.S. Citizenship and Immigration Service (USCIS): This is a fee funded agency; therefore, processing of cases such as adjustment of status applications (form I-485), immigrant visa petitions (forms I-130 and I-140), employment authorization applications (I-765), naturalization applications (N-400) and applications filed directly with a USCIS Service Center will continue to be adjudicated. E-verify will likely be unavailable during a government shutdown. U.S. Department of Labor: It ... Read more
Proposed Changes to H1B Process: What you Need to Know to Now
DHS has proposed substantial changes to the H1B process. We anticipate these changes will be effective for April 1, 2019 H1B filings that are subject to the annual cap. The main change to the process will be the establishment of a mandatory internet-based registration process for petitioners seeking to file H1B petitions for beneficiaries who will be counted against the H1B cap. The proposed regulations flip the lottery process to the front end of the application process. Registrants who are selected will be able to apply for an H1B visa. Here are the basics that you need to know: –The ... Read more
ICE Hold? Detained by Immigration? There May Be Hope.
Since Donald Trump took office, and in the wake of SB4, more and more immigrants are being placed in detention centers in the custody of Immigration and Customs Enforcement (ICE). Unfortunately, this includes immigrants who have lived in the U.S. for years, have strong family ties, and little or no criminal record. Shortly after Trump became president in 2017, ICE launched large scale raids in the Austin and San Antonio areas, arresting more than 130 people. Following the passage of SB4 in the Texas legislature, many surrounding counties have been arresting immigrants found driving without a valid license and then ... Read more
Attorney General’s Decision a Setback for Women Seeking Asylum Based on Domestic Violence, but Hope Remains
A recent administrative decision by Attorney General Jeff Sessions marked a major step backwards for women who came to the United States fleeing domestic violence. Session’s decision overturned a 2014 landmark decision by the Board of Immigration Appeals (BIA), which held some victims of domestic violence could qualify for asylum under United States. To seek asylum in the United States, a person must show that he or she has a well-founded fear of persecution in his or her country of nationality on account of his or her religion, political belief, race, nationality, or membership in a particular social group. In ... Read more