Immigration

wall

The New Administration’s Policies on Immigration: Tactical Fear

While this administration has yet to construct a physical barrier between the United States and Mexico, it is building a metaphysical wall of fear via its executive orders and actions by the Department of Homeland Security. The paradigmatic shift in immigration policy expresses that most immigrants are not welcome in the United States. The executive branch has sought to deport

Read More »
immigration

DACA-Based Advanced Parole

With all eyes focused on the Trump administration, changes to the current immigration landscape, a little- known pathway for individuals with DACA, has been recently used by immigration attorneys and practitioners to help clients on their quest to obtain lawful permanent resident status. As is widely known, DACA was originally created under the Obama administration as a way to provide

Read More »
Executive Order

Immigration Enforcement Under the Trump Administration

On Jan. 20, 2017, President Trump took office and began making immediate changes to immigration policies. Most widely publicized was an Executive Order regarding a 90- day ban on travel for individuals who were born in seven countries. That Executive Order is currently subject to a temporary restraining order, however, there were two other Executive Orders signed that have dramatically

Read More »
visa

The Challenges of H-1B Visas

In my practice, I am frequently asked the question, “How can I get a work visa?” Technically, there is no such thing as a general visa to work in the United States. Each visa type is for a specific purpose, such as studying (F-1, M-1, J-1), tourism (B-2), marriage (K-1), or employment within certain limitations (E-1, E-2, L-1). H-1B is

Read More »
nationals

Foreign Nationals and the Right to Counsel

The influx of minors from Central America into the United States has created reverberations in the country’s ongoing immigration debate and now occupies a position of important constitutional debate with the U.S. courts. In immigration removal proceedings, the scope of an alien’s right to counsel is a topic of recurring congressional and public interest. The Fifth Amendment to the U.S.

Read More »
tattoos

Impact of Tattoos on Consular Processing

Tattooing has been consistently practiced around the world since at least Neolithic times. Today, a tattoo can be a scarlet letter that precludes someone from legally immigrating into the U.S. Under 8 U.S.C. §1182(a)(3)(A) (ii), any applicant for a visa who a consular officer knows, or has “reasonable ground to believe,” seeks to enter the U.S. to engage “solely, principally,

Read More »
deported

Possible Naturalization for Deported Veterans

While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement

Read More »
INA

Ninth Circuit Finds That Statute Violates Equal Protection

Certain forms of immigration relief require a showing of good moral character, such as voluntary departure, cancellation of removal and naturalization. Pursuant to the Immigration and Nationality Act (INA) and federal regulation, certain individuals will be found to be persons lacking moral character for having committed certain acts that either trigger a permanent bar or a conditional bar if committed

Read More »
asylum

Seeking Asylum: Effects of the Immigration and Nationality Act

The human right to seek asylum from persecution is fundamental. The controlling international convention on refugee law is the 1951 Convention Relating to the Status of Refugees and its 1967 Optional Protocol Relating to the Status of Refugees. The United States committed to protecting refugees in 1967 when it enacted legislation to incorporate the Optional Protocol’s key provisions. In 1996,

Read More »
visa

Are Your Corporate Clients Ready For The H-1B Visa Stampede?

Companies use the H-1B visa to employ foreign national professionals in engineering, information technology, finance and other fields requiring a bachelor’s degree or its equivalent for entry-level work. Due to the quota, the H-1B visa is unavailable most of the year and the April opening of the filing window triggers an employer stampede. The H-1B visa filing window opens April

Read More »
wall

The New Administration’s Policies on Immigration: Tactical Fear

While this administration has yet to construct a physical barrier between the United States and Mexico, it is building a metaphysical wall of fear via its executive orders and actions by the Department of Homeland Security. The paradigmatic shift in immigration policy expresses that most immigrants are not welcome in the United States. The executive branch has sought to deport

Read More »
immigration

DACA-Based Advanced Parole

With all eyes focused on the Trump administration, changes to the current immigration landscape, a little- known pathway for individuals with DACA, has been recently used by immigration attorneys and practitioners to help clients on their quest to obtain lawful permanent resident status. As is widely known, DACA was originally created under the Obama administration as a way to provide

Read More »
Executive Order

Immigration Enforcement Under the Trump Administration

On Jan. 20, 2017, President Trump took office and began making immediate changes to immigration policies. Most widely publicized was an Executive Order regarding a 90- day ban on travel for individuals who were born in seven countries. That Executive Order is currently subject to a temporary restraining order, however, there were two other Executive Orders signed that have dramatically

Read More »
visa

The Challenges of H-1B Visas

In my practice, I am frequently asked the question, “How can I get a work visa?” Technically, there is no such thing as a general visa to work in the United States. Each visa type is for a specific purpose, such as studying (F-1, M-1, J-1), tourism (B-2), marriage (K-1), or employment within certain limitations (E-1, E-2, L-1). H-1B is

Read More »
nationals

Foreign Nationals and the Right to Counsel

The influx of minors from Central America into the United States has created reverberations in the country’s ongoing immigration debate and now occupies a position of important constitutional debate with the U.S. courts. In immigration removal proceedings, the scope of an alien’s right to counsel is a topic of recurring congressional and public interest. The Fifth Amendment to the U.S.

Read More »
tattoos

Impact of Tattoos on Consular Processing

Tattooing has been consistently practiced around the world since at least Neolithic times. Today, a tattoo can be a scarlet letter that precludes someone from legally immigrating into the U.S. Under 8 U.S.C. §1182(a)(3)(A) (ii), any applicant for a visa who a consular officer knows, or has “reasonable ground to believe,” seeks to enter the U.S. to engage “solely, principally,

Read More »
deported

Possible Naturalization for Deported Veterans

While statistics are not readily available, it is conceivable that hundreds, if not thousands, of U.S. veterans have been deported for having committed a criminal offense. This is particularly devastating for veterans that need their earned benefits and treatment for post-traumatic stress disorder and other injuries resulting from combat. Pursuant to a memorandum by the U.S. Immigration and Customs Enforcement

Read More »
INA

Ninth Circuit Finds That Statute Violates Equal Protection

Certain forms of immigration relief require a showing of good moral character, such as voluntary departure, cancellation of removal and naturalization. Pursuant to the Immigration and Nationality Act (INA) and federal regulation, certain individuals will be found to be persons lacking moral character for having committed certain acts that either trigger a permanent bar or a conditional bar if committed

Read More »
asylum

Seeking Asylum: Effects of the Immigration and Nationality Act

The human right to seek asylum from persecution is fundamental. The controlling international convention on refugee law is the 1951 Convention Relating to the Status of Refugees and its 1967 Optional Protocol Relating to the Status of Refugees. The United States committed to protecting refugees in 1967 when it enacted legislation to incorporate the Optional Protocol’s key provisions. In 1996,

Read More »
visa

Are Your Corporate Clients Ready For The H-1B Visa Stampede?

Companies use the H-1B visa to employ foreign national professionals in engineering, information technology, finance and other fields requiring a bachelor’s degree or its equivalent for entry-level work. Due to the quota, the H-1B visa is unavailable most of the year and the April opening of the filing window triggers an employer stampede. The H-1B visa filing window opens April

Read More »

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