Category: Immigration Law
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
AS OF NOV. 8, 2010 USCIS WILL NO LONGER ACCEPT I-485S FILED CONCURRENTLY WITH RELIGIOUS WORKER PETITIONS (I-360S)
As of November 8, 2010, USCIS will no longer accept any I-485, I-765 (work) or I-131 (travel) applications filed concurrently with or filed based on pending I-360 petitions from individuals seeking classification as special immigrant religious workers. http://bit.ly/USCISReligiousFilings
CAN I GET A WORK AUTHORIZATION DOCUMENT?
Can I get a work authorization document? Yes, as long as you fit under one of the following categories: ASYLEES/REFUGEES. FOREIGN STUDENTS. 01) F-1 Optional Practical Training in an occupation related to studies (pre-completion OPT, post-completion OPT, 17-month extension for students with a degree in Science, Technology, Engineering or Mathematics. 02) F-1 Off-campus employment with a qualifying international organization; 03) F-1 Off-campus employment due to severe economic hardship. 04) J-2 spouse or minor child of a J-1 exchange visitor. 05) M-1 Practical Training after completion of studies. EMPLOYMENT BASED NONIMMIGRANTS’ 01) B-1 who is the personal or domestic servant of ... Read more
ARIZONA LAW DEMONSTRATES NEED FOR FEDERAL IMMIGRATION REFORM
Yesterday, the State of Arizona passed the most restrictive immigration law in the country. The law requires Arizona State police to stop and interrogate any person who appears to be unlawfully present in the United States. This law will inevitably result in United States citizens being arrested, interrogated and treated like criminals for simply looking like an undocumented immigrant. What does an undocumented immigrant look like? What does a United States citizen look like? The Arizona police force is supposed to make these decisions? Based upon what? Such an arbitrary police power should make all lovers of freedom cringe. The ... Read more