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American Immigration Lawyers Association recently released a state-by-state guide to filing complaints against notarios and "immigration consultants." These people prey on the vulnerable masses of immigrants who lack command of the English and legal languages used in the courts and benefits processes. Only a U.S. licensed lawyer or accredited representative is authorized and qualified to assist foreign nationals. Please review the guides (English guide and Spanish guide regarding proper representation and the information for filing complaints against notarios and consultants in North Carolina and Ohio.

2010

  • March 9, 2010.  USCIS announces it will accept H-1B filings for FY 2011 on or after April 1, 2010.  Read full announcement.
  • March 9, 2010.  American Immigration Lawyers Association released this document indicating removals by country for fiscal years 2008 and 2009.  
  • February 19, 2010. Board of Immigration Appeals held that when applying the modified categorical approach to assess an alien's criminal conviction, the immigration judge may consider the contents of the police report if said report is specifically incorporated into the record of the criminal proceedings. Read decision here.
  • February 17, 2010.  Economic Policy Institute issued a paper titled "Bridge to Immigration or Cheap Labor? The H-1B & L-1 Visa Programs Are a Source of Both"
  • February 10, 2010. Ninth Circuit Court of Appeals holds that indecent exposure, a violation of section 314 of the California Penal Code, is not a crime involving moral turpitude using the categorical approach. Nunez v. Holder (2/10/10).
  • February 10, 2010. Boulder, Colorado restaurant owner indicted for fraud, harboring illegal aliens and other charges. He entered the U.S. using E-2 Non-Immigrant Principal Investor Status and ran Thai and Japanese restaurants in several cities. He allegedly added additional terms of employment to foreign nationals including paying a "bond," monetary penalties for violating the terms of the employment and visa preparation fees.
  • February 9, 2010. Department of State issued the visa bulletin for March of 2010.
  • January 25, 2010. Second Circuit Court of Appeals finds that an Applicant for Naturalization cannot be absent from the U.S., post-examination, for more than one year and still qualify for citizenship. Read more here.
  • January 20, 2010. Seventh Circuit Court of Appeals holds, in Bayo v. Napolitano, that a foreign national must knowingly and intelligently waive their rights to removal proceedings in order to be summarily removed for a Visa Waiver Program violation. [Link]
  • Immigration and Customs Enforcement released a listing of all detainee deaths from 2003 to present. Fifteen of these deaths were listed as "suicide;" that's over 10% of the total.
  • January 21, 2010, the Department of Homeland Security issued a notice announcing that the designation of Haiti for Temporary Protected Status (TPS) would last for a period of 18 months. The 180-day registration period (for eligible individuals to submit their TPS applications) begins on January 21, 2010 until July 20, 2010. (75 FR 3476, 1/21/10).
  • January 21, 2010, the New York Times reports that Immigration and Customs Enforcement agents broke up a hunger strike at the Varick Detention Center in Lower Manhattan.
  • January 20, 2010, the Supreme Court of the United States held that 8 U.S.C. 1252(a)(2)(B)(ii) does not preclude federal court review of a denial of a motion to reopen. This decision removes the ability of the BIA to rubber stamp discretionary denials as federal court review acts as a Sword of Damocles. Read decision here
  • January 8, 2010 the Ninth Circuit Court of Appeals held that it had jurisdiction to review the immigration judge's determination on whether or not a foreign national has demonstrated "extreme hardship" and is therefore eligible for a waiver of the joint filing requirement in a petition to remove conditions. Read decision here
  • January 18, 2010.  The Department of Homeland Security in conjunction with the U.S. Department of State announced a policy regarding issuance of humanitarian parole for orphaned children from Haiti. Humanitarian parole is a device that does not confer an immigration status, but does allow a person to enter the U.S. temporarily. This humanitarian parole is designed to ensure that they receive the care they need. Click here to read full policy announcement.
  • January 14, 2010.  Police Chief Richard Biehl issued the executive order to his nearly 390 officers on Dec. 30 telling them, "Citizens must feel free to call for police services without fear of undue repercussions." Ohio AILA applauds the efforts of Chief Biehl in restoring immigrants' confidence in law enforcement that their immigration status would not hinder their ability to seek police assistance and protection.  Read full article
  • January 13, 2010.  Department of Homeland Security issued a press release today announcing a halt in all removals (formerly known as deportation) of Haitian nationals. This policy will be in effect for the foreseeable future.
  • January 13, 2010.  American Immigration Lawyers Association has formerly requested that Department of Homeland Security designate Temporary Protected Status for all Haitian nationals. TPS, as it is commonly known, permits a person from the designated country to remain in the U.S. until the country is removed from the TPS list. TPS is permitted if the foreign national has not committed any crimes and does permit for the foreign national to obtain work authorization.
  • January 12, 2010.  The First Circuit held in Saysana v. Gillen, No. 09-1179 (1st Cir. Dec. 22, 2009) that the statute only contemplates mandatory detention following release from non-DHS custody that relates to the INA 236(c) offense, not merely any release from any non-DHS custody.
  • January 12, 2010.  The Sixty Circuit held in Acquaah v. Holder, No. 09a0430p-06 (6th Cir.) that unless immediate and affirmative steps are taken to correct a scheduling or communication error, the immigration judge is correct in denying a motion to reopen an in absentia order under the exceptional circumstance standard.
  • January 11, 2010.  On December 19, 2009, American Immigration Lawyers Association submitted an amicus brief in the Matter of Albert Einstein Medical Center and Abingdon Memorial Hospital. The brief requests that Board of Alien Labor Certification Appeals (BALCA) should overrule Matter of Vito- Volpe and Matter of Crawford & Sons. AILA further requested that BALCA adopt a test for determining what constitutes permanent full time work.
  • January 10, 2010.  New York Times reports on how Immigration and Customs hid the details of the shocking death of Baboucar Bah, a detainee. The Times also reports 107 ICE detainees have died in custody since 2003. Read full article
  • January 4, 2010.  Board of Alien Labor Certification Appeals (BALCA) reversed the certifying officers denial for the employer's omission of certain facts. BALCA found the denial arbitrary and capricious, absent the COs explanation of the materiality of the omissions. However, the Board continued to emphasize the employer's failure to file a complete Labor Certifictaion Application is grounds for denial. Matter of Ben Pumo, 2009-PER-00040 (10/29/09).
  • Janaury 4, 2010.  Board of Alien Labor Certification Appeals (BALCA) vacated the certifying officer's denial finding the CO failed to precisely request the documentation regarding prevailing wage determination. Matter of Galaxy Studios, Inc., 2009-PER-00221 (10/29/09).
  • February 2010.  Visa bulletin has been released by the Department of State.
  • January 4, 2010.  USCIS issues guidance regarding medical examination form I-693. Forms filed with adjustment of status cases that have no Class A or Class B conditions will remain valid until completion of the underlying case. This policy remains in effect until January 1, 2011. 
     

2009

  • December 21, 2009.  USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for FY 2010. USCIS indicates that December 21, 2009 therefore is the "final receipt date" for new H-1B petitions requesting an employment start date in FY 2010. For those cases filed above the cap on that day, a random lottery will be instituted for selection for processing. Link to Announcement 
  • December 15, 2009.  U.S. Congressman Luis V. Gutierrez (D-IL) introduced a comprehensive immigration reform (CIR) bill today in the House of Representatives. The bill is named the CIR for America's Security and Prosperity Act 2009 (CIR ASAP).
  • December 15, 2009.  USCIS announces they've received 62,900 H-1B toward the 65,000 numerical cap.  
  • December 11, 2009.  DOS released the Visa Bulletin for January 2010.  Section D offers an extensive discussion of visa availability projections for the remainder of FY 2010. 
  • December 9, 2009.  USCIS issued a statement through their website indicating they have received 61,500 H-1B petitions. The cap is 65,000 with exemptions for master's degrees and some of the unused visa numbers from the H-1B1 Chile/Singapore category. Filing H-1B's is now at a premium.  Read Announcement 
  • December 4, 2009 - EOIR Announces the opening of an immigration court in Lumpkin, GA at the Stewart Detention Center. Read Announcement
  • November 30, 2009. Board of Immigration Appeals held that a step-child, as defined in section 101(b)(1)(B) of the INA is a qualifying relative for purposes of cancellation of removal for non-LPR's under INA 240A(b)(1)(D). Matter of Portillo-Gutierrez, 25 I&N Dec. 148 (BIA 2009)
  • November 20, 2009.  USCIS updated their webpage to indicate that they received 56,900 H-1B petitions. With a cap of 65,000, we are nearing the exhaustion. It is critical that any cap subject business that has been holding out on petitioning for a foreign national for a specialty occupation position, consider the cap numbers and move to file immediately.
  • November 19, 2009.  At a Department of Homeland Security program titled "2009 Government and Employers: Working Together to Ensure a Legal Workforce," Ronald Atkinson, Chief of Staff of USCIS' Fraud Detection and National Security (FDNS) office, explained the three types of site visits to include:
    1) Risk Assessment Program study
    2) Targeted Site Visits and
    3) Administrative Site Visits (primarily for religious worker and H-1B cases). His comments included some hints as to what the visits should include and the information requested by the inspectors.
  • November 19, 2009.  Immigration and Customs Enforcement issued guidance on I-9 Inspection protocol. If your company has received a Notice of Inspection or a subpoena for records, call us today. If your company has not received anything from CIS or ICE but wants to ensure compliance with any potential I-9 audit, call us.
  • November 19, 2009. ICE Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers associated with critical infrastructure, alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. The use of the I-9 inspection buoys the Obama Administration protocol to target employers more than individuals in immigration enforcement.
  • November 19, 2009.  DHS Secretary Janet Napolitano, ICE Assistant Secretary John Morton, USCIS Director Alejandro Mayorkas announced the new "I E-Verify" campaign to recognize the approximately 170,000 businesses that use E-Verify, DHS' online system to verify employment eligibility of new hires.
  • November 17, 2009 - Board of Immigration Appeals held that it is the alien's burden to prove he/she is not a danger to persons or property before an immigration judge can consider issuing a bond. Matter of Urena, 25 I&N Dec. 140 (BIA 2009) 
  • November 12, 2009. Board of Immigration Appeals issued its decision in Matter of Rajah, 25 I&N Dec 127 (BIA 2009) regarding how an immigration judge should view a motion to continue for a pending employment based visa petition.
  • November 11, 2009. Department of Labor issued the December 2009 Visa Bulletin.
  • November 5, 2009. USCIS announced it will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010. Said H-1B petitions will only be accepted if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings. The only acceptable evidence of filing is a copy of DOL's email giving notice of receipt of the LCA.
  • November 4, 2009. The Board of Immigration Appeals held, "[a]n alien may be rendered inadmissible under section 212(a)(2)(A)(i)(II) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(A)(i)(II) (2006), on the basis of a conviction for possession or use of drug paraphernalia" and that "[a]n alien who is inadmissible under section 212(a)(2)(A)(i)(II) of the Act based on a drug paraphernalia offense may qualify for a waiver of inadmissibility under section 212(h) of the Act if that offense "relates to a single offense of simple possession of 30 grams or less of marijuana." The case is Matter of Martinez Espinoza, 25 I&N Dec. 118 (BIA 2009). Call our office to discuss representation.
  • November 2, 2009. Board of Immigration Appeals holds that in determining whether the alien is eligible for a waiver under former INA § 212(c), the date of the alien's plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009).
  • November 1, 2009. USCIS issued an update and FAQ on their recent revisions to the medical examination Form I-693 and the recent change in tuberculosis testing. Read Announcement.
  • October 30, 2009. The AAO sustained an appeal and found that the occupation of a "market research analyst" does not require specification of one or more fields of study for a Master's degree. The AAO based its conclusion on the Occupational Outlook Handbook (OOH) and O*Net online database to confirm that the offered position requires at least a bachelor's degree and in some cases a Master's. Link to Decision
  • October 30, 2009. The AAO sustained an appeal and found that the occupation of a "computer software engineer" does not require specification of one or more fields of study for a Master's degree. The AAO based its conclusion on the Occupational Outlook Handbook (OOH) and O*Net online database to confirm that the offered position requires at least a bachelor's degree and in some cases a Master's. Link to Decision
  • October 30, 2009. Customs and Border Protection recently issued a practice alert regarding the ESTA application and disclosure of any 221(g) denials. Please contact our office if you are filing an ESTA application and have previously received a 221(g) denial.  
  • October 29, 2009. The New York Times reports President Obama's administration may push for asylum relief for victims of spousal abuse. This trends from the recent and well publicized case of Rody Alvarado Pena. Click here to read Article 
  • October 29, 2009.  USCIS updated its website and instructs that although the revised G-28 notes that previous versions of the form will not be accepted, USCIS has decided to extend the grace period for accepting previous versions of Form G-28. In the interim, USCIS will not reject filings accompanied by older versions of the form until further notice.
  • October 29, 2009.  The Sixth Circuit Court of Appeal finds that IJs have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. Petitioner raised the argument as a matter of chronological procedure arguing that once an asylum application is found to be time barred, then the immigration judge should make a finding on the merits or if the application was frivolous. The Sixth Circuit disagreed. See Ghazali v. Holder 10/29/2009. 
  • October 25, 2009.  USCIS Announces Updates the FY 2010 H-1B cap. As of 10/25/2009, USCIS received approximately 52,800 H-1B cap subject petitions. With a cap of 65,000, that means approximately 12,200 remain. Petitioners now filing for a cap subject H-1B should consider using premium processing to ensure their petition is received and processed prior to exhaustion of the cap.
  • BIA finds that in determining whether the alien is eligible for a waiver under former INA §212(c), the date of the alien's plea agreement, rather than the date of sentencing, is controlling. Matter of Moreno-Escobosa, 25 I&N Dec. 114 (BIA 2009).  
  • October 24, 2009.  Pocono Record reports "Federal authorities say the temp agency that supplied an East Stroudsburg factory with undocumented workers in 2007 is involved in an extensive and complicated web of fraud." Read Article
  • October 23, 2009.  "According to court documents, from October 1998 until June 2007, Steven Mahoney filed up to 99 false asylum claims on behalf of immigrants. The applications falsely stated that these individuals would be abused because they were homosexual, or they held religious or political views that would result in torture in their home countries. Once the fraudulent applications were completed, Helen Mahoney submitted them to U.S. Citizenship and Immigration Service (USCIS), the federal agency that processes these documents. Court documents show that the Mahoneys knew these statements were not true for certain applicants, but still filed the claims. The Mahoneys coached applicants on how to pursue immigration status based on these false claims." Read full article
  • Hebrew Immigrant Helps Spawn Google! Were it not for the Hebrew Immigrant Aid Society, there might be no Google. Thirty years ago today, Sergey Brin, a 6-year-old Soviet boy facing an uncertain future, arrived in the United States with the help of the society. Read Article Here
  • October 21, 2009.  Board of Immigration Appeals holds "an alien whose status was adjusted pursuant to section 1 of the Cuban Refugee Adjustment Act of November 1, 1966, Pub. L. No. 89-732, 80 Stat. 1161, is removable as an alien who has been convicted of a crime involving moral turpitude committed within 5 years after the alien's "date of admission," the admission date is calculated according to the rollback provision of section 1, rather than the date adjustment of status was granted."  Link to Decision.
  • October 21, 2009.  Congress voted to include appropriation earmarked for the E-Verify system. This system helps U.S. employers identify potential employees that are not authorized to work in the U.S. (and thus likely do not have proper immigration status). Read full article
  • October 20, 2009.  USCIS issued a fact sheet for non-citizens about public charge determinations. An individual who is likely at any time to become a "public charge" is inadmissible to the U.S. and ineligible to become a legal permanent resident. Some non-citizens and their families are eligible for public benefits without being found to be a public charge. 
  • October 20, 2009.  Congress passed legislation that strikes down the widow penalty. Previously USCIS determined that a foreign national, whose petitioning U.S. citizen spouse passed away prior to conferring status, was ineligible to adjust status to that of permanent residency. The new legislation permits foreign nationals to self-petition if their spouse passes away within two years of the marriage. In order for USCIS to approve the case, the foreign national must still show a bona fide marriage. Click here to read the NY Times Article
  • October 17, 2009.  Houston Chronicle reports the Houston Police Department will not sign the 287(g) agreement and therefore not implement the controversial screening procedure. This is great news from a high profile city police department.
  • October 16, 2009.  Immigration and Customs Enforcement announces standardized 287(g) agreements. The announcement clarifies which state jurisdictions are participating and it indicates which state jurisdictions are negotiating an agreement.
  • October 16, 2009.  The LA Times reports "Kelly Einstein Darwin Giles, 46, owner of a West Covina law practice, was arrested by customs agents at Los Angeles International Airport as he returned from a trip. His two business associates, Joseph Wai-man Wu, 50, and Wu's wife, May Yin-man Wu, 43, were arrested earlier in the day. Bail for the pair was set at $250,000 each. All three are charged with visa fraud. They are accused of setting up nearly a dozen fake companies to file fraudulent employment visa petitions, many of them for H1-B visas, which are reserved for foreign workers with specialized skills, according to ICE. The immigrants named in the applications never worked for the defendants or the fictitious companies."
  • October 16, 2009.  Chattanooga Free Times reports Corrections Corporation of America has implemented a new 500-bed facility in Gainesville, Ga. This is the third immigration detention center in Georgia where detainees can stay more than 72 hours. The other two facilities are in Lumpkin and Atlanta. It is unknown how ICE will utilize this facility; criminal detainees, specific jurisdiction housing or specific nationalities.
  • October 14, 2009.  Board of Immigration Appeals held that an Immigration Judge has jurisdiction to modify bond conditions set by Department of Homeland Security pursuant to INA 236(a)(2). This is a precedent decision and will be applied throughout the country. Link to Decision.  More Imformation on Immigration Bonds
  • October 9, 2009.  The Fifth Circuit reversed the BIA in Alvarado de Rodriguez v. Holder and found that the BIA incorrectly applied de novo review to conclude that the marriage was not entered into in good faith.
  • October 8, 2009.  Board of Immigration Appeals held An alien who entered the United States pursuant to a crewman's visa for the purpose of obtaining employment as a crewman is statutorily ineligible for cancellation of removal under section 240A(c)(1) of the Immigration and Nationality Act. Link to Decision
  • October 7, 2009.  Greenville News Observer reports "Fort Bragg soldiers and Central Asian immigrants staged courtships and marriages to reap the benefits America gives those who get hitched, according to federal investigators. The scheme has landed the several young soldiers and three foreign brides in the hot seat. This week, two of the soldiers and one of the brides pleaded guilty to marriage fraud in federal court; the crime could land each in prison for as long as five years."
  • October 6, 2009.  Brownsville Herald reports "Federal agents have arrested two men and a woman accused of smuggling undocumented immigrants into the United States using Jet Skis."
  • October 6, 2009.  Federal Register incorporates and publishes Attorney General Eric Holder's memorandum on presumption of openness in FOIA proceedings.
  • October 6, 2009.  BIA holds in Matter of Silitonga Immigration Judges have no jurisdiction to adjudicate an application filed by an arriving alien seeking adjustment of status, with the limited exception of an alien who has been placed in removal proceedings after returning to the United States pursuant to a grant of advance parole to pursue a previously filed application.
  • October 6, 2009.  Federal Register indicates the procedure of applying for the 2011 Diversity Visa Lottery. Please call our office at 866-868-6644 with any questions surrounding your eligibility.  
  • October 1, 2009.  Wrong turn on highway may lead to WA man's removal 
  • September 29, 2009.  The Ninth Circuit Court of Appeals finds Petitioner (who had been convicted in a military court for violating any general law) was not convicted of an aggravated felony for child pornography. The Circuit Court applied the categorical and modified categorical approach and found that the statute of conviction was too general to support a finding of an aggravated felony. Link to Decision
  • September 29, 2009.  The Seventh Circuit Court of Appeals in Krasilych v. Holder denied petition for review because the BIA's determination of removability is supported by substantial evidence and petitioner did not apply for relief. The Court found the BIA properly affirmed the IJ's denial of petitioner's request to exclude evidence gathered during an undercover investigation. ICE caught petitioner obtaining a fraudulent stamp in his passport.
  • September 29, 2009.  CBP National Headquarters confirmed that, beginning on October 1, 2009, there is a greater likelihood that returning Legal Permanent Residents (LPRs) with criminal convictions will be issued a Notice to Appear (NTA) at ports of entry versus a grant of deferred inspection. In addition, depending on the nature of the conviction, CBP staffing, and available detention bedspace, among other factors, it also is possible that more returning LPRs with criminal convictions will be detained. CBP confirmed, however, that deferred inspection for such returning LPRs is still an option. CBP explained that it modified its policy based on information reflecting that an appreciable percentage of those granted deferred inspection do not show up for such inspection. More guidance to the field will be forthcoming from CBP, but be aware of the likelihood of an increase in the number of LPRs being detained and/or issued NTAs at ports of entry. CBP confirmed that this policy already had been in place in Georgia and Florida. Call our office today before traveling. Deportation and Removal Defense 
  • September 29, 2009.  Department of Homeland Security filed a brief with the Board of Immigration Appeals requesting the Board reverse its holding in Matter of Perez-Vargas. DHS argues, in concert with AILA and AILF's position, that the immigration judge does have jurisdiction to determine whether or not a visa petition remains valid when ported pursuant to INA 204(j).
  • September 29, 2009.  Department of State announces opening of FY 2011 Diversity Lottery. Please contact our office for assistance.  
  • September 26, 2009.  The Executive Office of Immigration Review released the following fact sheet regarding its fraud and abuse program.  
  • September 25, 2009.  USCIS announces approximately they've received 46,700 H-1B petitions. Approximately 18,000 H-1B visas remain. Click here for the H-1B Update 
  • September 23, 2009.  Immigration Policy Center on New Americans in North Carolina.
  • September 23, 2009.  Immigration Policy Center on New Americans in Ohio. 
  • September 22, 2009.  Middletown Journal reports that an Ohio state senator introduced a bill conferring the power to arrest and detain potential non-criminal immigration violators. Click here for article.
  • September 22, 2009.  As reported in USA Today, the United States faces "brain drain" due to the abyss that is our immigration system. A Duke University professor predicts over 100,000 highly intelligent immigrants will return to India and China due, in large part, to the certainty of the immigration system in those countries. Click here to read more
  • September 22, 2009.  Florida man convicted for selling memberships to Native American Indian Tribe to obtain immigration status. Read More
  • September 21, 2009.  New York Governor Mario Cuomo announces the issuance of more than 300 subpoenas in an ongoing and expanding immigration fraud investigation. Read More 
  • September 21, 2009.  Virgina based immigration consultant sentenced to 41 months for immigration violations. Click here to read more.
  • September 21, 2009.  Board of Immigration Appeals issued a precedent decision indicating that a foreign national who fails to attend an immigration hearing due to custody in a criminal case, is eligible to have his case reopened regardless of the factual circumstances leading to his/her arrest. The purpose behind the statute is to protect those who are in custody and who ICE fails to transport to the hearing. Matter of EVRA. Click here to read full decision.
  • September 21, 2009.  Board of Immigration Appeals issued a precedent decision permitting permanent residents in removal proceedings to apply for special rule cancellation as a battered spouse. Previously, only non-permanent residents were permitted to do so. Matter of Martinez.
  • September 18, 2009.  USCIS announces that 19,000 H-1B Bachelor Cap visas remain available. The master's cap continues to be exhausted.
  • September 10, 2009.  Department of State issued the October 2009 visa bulletin, the first visa bulletin for the Fiscal Year of 2010. A cursory review of the EB categories indicates that EB-2's from China and India remain backlogged for about four years. Second, it appears that all EB-3's are available, but significantly backlogged. All FN's on H-1B's should plan to file their extensions accordingly.  
  • August 20, 2009.  Newsday reports New York Attorney General Andrew Cuomo announced legal action taken by the State of New York against six firms he alleges were defrauding clients seeking assistance in obtaining immigration status. Three of the firms have ceased operation as of the writing of the article. One of the alleged victims indicated she spent $17,000 for permanent resident status (or a "green-card") for her three children. Click here to read full article
  • August 19, 2009.  The Sixth Circuit Court of Appeals issued its decision in Stolaj v. Holder. This case has an interesting fact pattern in that it involved the criminal prosecution of a CIS supervisor for accepting bribes for immigration benefits. The Petitioners in this case were subject to removal for misrepresentation of material facts and failure to have entry documents. The legal issue presented revolved around whether or not the government could seek rescission of their permanent resident status after having placed them into removal proceedings. The Court aligned itself with the majority of the Circuits and held the government acted in accordance with the statute. The most damning portion of the case to foreign nationals was the last sentence in the Court's opinion where it found that Crawford v. Washington did not apply as this was not a Sixth Amendment case. Case Opinion.
  • August 19, 2009.  "The Department of Homeland Security (DHS) proposes to amend its regulations by rescinding the amendments promulgated on August 15, 2007, and October 28, 2008, relating to procedures that employers may take to acquire a safe harbor from receipt of no-match letters." 74 Fr 41801 (8/19/09)
  • August 18, 2009.  The Wall Street Journal reports that John Morton, the new chief of Immigration and Customs Enforcement (ICE), indicated the agency is "set to increase the number of companies it will audit and systematically impose fines on violators." Morton further indicated that "654 companies are currently being audited and that many more employers will be notified soon." Read Article. 
  • August 11, 2009.  Immigration and Customs Enforcement announces the indictment of 50 individuals in a nationwide marriage scheme. Defendants face criminal consequences and those who are not citizens face deportation cases as well. Announcement. 
  • August 11, 2009.  Secretary of Department of Homeland Security Janet Napolitano spoke at the Border Security Conference at the University of Texas at El Paso. She indicated she believes comprehensive immigration reform is on the horizon, and that she supports such reform. However she reiterated that until it is enacted, DHS must intelligently enforce the existing laws. She further indicated SBInet will go active in the Project 28 area near Tucson, that the backlog of naturalization cases has been eradicated and that more federal funding is headed to the Southwest border. Read her remarks.
  • August 11, 2009.  USCIS announces that as of August 7, 2009, only 44,900 cap subject petitions have been received. This indicates a continued opening for foreign nationals seeking to change or enter on the prized dual intent visa. The primary challenge remains finding employment in the hard economic times. Announcement.
  • August 11, 2009.  Department of State issued the September 2009 Visa Bulletin. As has been the case, the EB-3 category remains unavailable and the EB-2 category for China and India remain significantly backlogged. Bulletin.  
  • July 31, 2009. Department of State reminds the consular posts and others the new J Visa Skills list is in effect. The new list was published in the Federal Register in April and went effective on June 28, 2009. The skills list enumerates countries and specific skills that would subject to foreign nationals to Section 212(e) of the Immigration and Nationality Act and require a two year foreign residence prior to obtaining an H or L visa or filing to adjust status. Click here to view Skills List
  • July 31, 2009. On the heels of too many wrongful detention suits and due process violations, members of the Senate will introduce legislation regulating the standards of foreign nationals in detention. Our firm strongly supports this bill.  Click here to read the legislation.
  • July 29, 2009.  James Hector Alcala, an attorney in Utah, was indicted for visa fraud. The unsealed indictment revealed allegations that he and his firm prepared over 700 visa petitions that procured 5,000 work visas for mostly ineligible foreign nationals. The exact number of visas was unavailable. This case is one in a number of recently reported cases where ICE actively investigates attorneys and visa consultants for fraud.  Read more here. 
  • July 28, 2009.  ICE continues its crackdown on attorneys and other people obstructing the visa and removal process. In this case a former diplomat of Armenia helped create "refusal letters" for Armenian citizens ordered deported. These refusal letters were served on ICE and prevented ICE from executing the removal. A "refusal letter" is generated by a foreign nationals native country indicating that the country will not accept the alien back. Click Here to read more.
  • July 27, 2009.  The San Francisco Chronicle reports the number of wrongful deportation and detention suits is on the rise. However, the Chronicle does not cite any specific number in the article. The Chronicle does enumerate several specific cases that led to successful suits. Immigration and Customs Enforcement, by and through their spokesperson, admits they don't track the number of suits filed against them for wrongful deportation. Read Article
  • July 27, 2009.   The Board of Immigration Appeals issued a precedent decision in Matter of Lamus-Pava, 25 I&N Dec. 61 (BIA 2009) and held "[a] motion to reopen to apply for adjustment of status based on a marriage entered into after the commencement of removal proceedings may not be denied under the fifth factor enumerated in Matter of Velarde, 23 I&N Dec. 253 (BIA 2002), based on the mere fact that the Government has filed an opposition to the motion, without regard to the merit of that opposition." Read Decision.
  • July 27, 2009.  "We are saddened by the charges. We are confident that the legal process will provide justice for all parties."  United States of America v. Lilian Asante
  • July 24, 2009.  USCIS announces that as of this date only 44,900 H-1B Cap Subject petitions have been filed. This presents unique opportunities for businesses, whose numbers are on the rise, to embrace foreign talent without the usual rush to the mailbox. Read More.
  • On July 24, 2009.  Immigration and Customs Enforcement arrested a Columbus immigration attorney, Lillian Asante, for marriage fraud. She and her "real" husband had married separate U.S. citizens to obtain their permanent resident status. Asante's primary practice was defending deportation cases. In concert with EOIR's recent notice regarding notario fraud and visa consultants, this type of behavior puts all noncitizens even further at risk. Read more here
  • July 23, 2009.  The Board of Immigration Appeals held "[a]n alien's departure from the United States while under an outstanding order of deportation or removal issued in absentia does not deprive the Immigration Judge of jurisdiction to entertain a motion to reopen to rescind the order if the motion is premised upon lack of notice." This is an equitable and logical decision in which DHS counsel did not file reply belief (lending to the opinion that they too agree). Read More here.
  • July 22, 2009.  New York Times reports widespread Constitutional violations as well as their own internal policies by ICE in conducting predawn raids. The "cowboy mentality" of ICE agents is well known throughout the country. The article identifies a study conducted by the Cardozo School of Law that included input from local law enforcement officers. Click here to read more 
  • July 22, 2009.  The Executive Office of Immigration Review (EOIR) issued this notice warning foreign nationals of notarios and visa consultants. EOIR recognizes that notarios and visa consultants are not attorneys and implicit in the warning is that case filed by notarios/visa consultants may be fraught with misrepresentations and illegalities. Hiring an experience and honest attorney is the best strategy. Immigration laws are complex; even for attorneys. All foreign nationals should be extremely careful when hiring someone to work on their status and should check to ensure the attorney is licensed in at least one state in the U.S., is not subject to discipline and is a member of at least a local bar association.
  • On July 21, 2009.  The Board of Immigration Appeals granted Respondent's motion to reopen removal proceedings and rescinded in absentia removal order. The BIA found the notice of hearing was not properly served under INA § 239(a), as it was given to an attorney who appeared for the Respondent (but had not been retained by Respondent) at the underlying hearing. This is a non-precedent and unreported case. Click here to read the Board's decision.
  • July 19, 2009.  Bedri Kulla, a Citizenship and Immigration Officer, was arrested on charges of blackmail and released on bond by a federal judge in Greensboro, NC. He is accused of threatening a foreign national with deportation if she did not date him. Read Story.  
  • July 17, 2009.  A Pennsylvania woman was sentenced to federal prison for lying on her adjustment of status application. The U.S. Attorney's office prosecuted her for making a false statement to a government official. After she serves her sentence, ICE will likely institute removal proceedings for misrepresentation and conviction for a crime involving moral turpitude. Read Story.
  • July 17, 2009.  USCIS Issued guidance regarding denied H-1B petitions of health care specialty occupation cases. Previously and incorrectly denied cases will be reopened upon email request by the Petitioner. The guidance memo provides procedural details for those needing relief. Read Guidance.
  • July 17, 2009.  Consistent with the Obama Administration's new focus on workplace enforcement, the U.S. Attorney's office indicted the company on 29 counts and two managers on several counts relating to false identity documents. Read Story here
  • July 17, 2009.  Fifth Circuit Court of Appeals finds immigration judge abuses his discretion by denying request for continuance to adjudicate an I-130 petition. This case is significant in that it arises out of the Fifth Circuit, the notoriously toughest Circuit for immigrants, and it applies the Hashmi factors. Read Opinion.  
  • July 15, 2009.  Former Manhattan Civil Court Judge Salvador Collazo was arrested on immigration fraud charges. He and his paralegal are accused of charging clients penalty fees where none existed and overcharging fees for legal impossibilities. This type of case reinforces the importance of hiring an attorney who maintains high integrity and ethics. Read Story.
  • July 13, 2009.  Reuters reports deportations are on the rise from an estimated 3,700 to 4,200 per week. The story attached is typical of what happens to a good person trying to make a living for his family here in the States. The article also reports the Obama administration has shifted its policy towards workplace enforcement instead of individuals. Read the story.
  • July 13, 2009. The Department of State issues August Visa Bulletin.  Click here for more information.
  • July 12, 2009.  Seattle Times reports that Immigration and Customs Enforcement, the enforcement arm of the Department of Homeland Security, has breached the trust of a confidential informant. Ernesto Gamboa is another in the line of informants whom ICE refuses to help and in fact deports. As is typical for ICE, they refused comment. Read the story.
  • July 10, 2009.  DHS announces new 287(g) partnerships for local law enforcement.  The implementation of 287(g) partnerships is extremely troubling in that there is limited accountability for local law enforcement who engage in fishing expeditions trying to remove criminal aliens.  Of particular note, the Guildford County, North Carolina Sheriff's office has signed a Memorandum of Agreement with ICE.  Click here for more information. 
  • July 8, 2009.  Secretary of Department of Homeland Security Janet Napolitano announced the intent to rescind the Social Security No-Match Rule. This rule was never implemented and was enjoined from use by a court order. However, Napolitano did reinforce DHS commitment to E-Verify and announced all federal contracts will only go to employers who use this program. Read Announcement.
  • July 8, 2009.  USCIS announces only 45,000 cap subject cases filed. Click here for more information
  • July 7, 2009.  Krispy Kreme settled their 2007 I-9 Notice of Intent to Fine in the amount of $40,000. Earlier this month ICE issued 652 I-9 audit notices as it continues to increase investigations of U.S. employers for workplace violations. Click here for more information
  • July 2, 2009.  The Sixth Circuit Court of Appeals released its decision in Van Don Nguyen v. Holder, determining that a conviction for unauthorized use of a motor vehicle (under the California grand theft statute) is not a crime of violence and therefore not an aggravated felony. Link to Decision
  • July 1, 2009.  ICE issued 652 audit notices today in a further attempt to fish for workplace violations. Employers should be reminded they are required to complete and retain a Form I-9 for each individual they hire for employment in the United States. Employers should further be reminded the I-9 requires employers to review and record the individual's identity document(s) and determine whether the document(s) reasonably appear to be genuine and related to the individual.
  • June 30, 2009.  USCIS has reportedly cancelled some biometrics appointments for July 7-July 10, and all appointments are to be rescheduled in 2-4 weeks. 
  • June 29, 2009.  The Sixth Circuit Court of Appeals released its decision in King v. Holder, determining that sufficient evidence supported the immigration judge's decision that she entered into her marriage solely to obtain an immigration benefit. King, a female, married a homosexual male in order to obtain lawful permanent resident status.
  • June 29, 2009.  "The Transactional Records Access Center (TRAC) released this study on the backlog of immigration courts nationwide. A rise in new case filings and inability to properly staff the position has led to year long delays in the courts." Click here for more information
  • June 26, 2009.  USCIS received 44,800 cap subject H-1B petitions. USCIS received approximately 20,000 advanced degree petitions. USCIS will continue to receive cases for both categories until the statutory maximum is exhausted. Click here for more information
  • June 24, 2009.  As of June 19, 2009, approximately 44,500 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. 
  • June 15, 2009.  The Supreme Court issued a slip opinion today in Nijhawan v. Holder. This case holds that the immigration judge may, in determining whether a crime is an aggravated felony for immigration purposes, inquire behind the record of conviction to determine the amount of loss. This case broadens the government's reach in cases of fraud and deceit. All immigration practitioners and their criminal defense counterparts should be aware of this decision prior to entering into plea agreements. Link to Decision
  • June 15, 2009.  The Cleveland Plain Dealer reports that the White House may be seeking to repeal portions of the Real ID law. Real ID was enacted in response to the attacks on September 11, 2001. What is not clear is whether the repeal will include the portion of Real ID that forecloses habeas relief to foreign nationals in removal proceedings. Click here for more information
  • June 9, 2009.  The Wall Street Journal.  "Wanted: A Smarter Immigration Policy" -Edward Alden
  • June 9, 2009.   Department of State issues June 2009 Visa Bulletin Click here for more information
  • June 6, 2009.  US Department of Homeland Security (DHS) Secretary Janet Napolitano today granted deferred action for two years to widows and widowers of U.S. citizens-as well as their unmarried children under 18 years old-who reside in the United States and who where married for less than two years prior to their spouses' death. Click here for more information. 
  • June 3, 2009.  Attorney General Eric Holder, vacated the decision in Matter of Compean and directed the BIA and Immigration Judges to apply the decision in Matter of Lozada for claims of ineffective assistance of counsel, pending promulgation of relevant regulations. Link to Decision.
  • May 26, 2009.  USCIS updated the FY 2010 H1-B count.  Click here for more information.
  • May 26, 2009.  President Barack Obama nominated Judge Sonia Sotomayor to fill the impending vacancy of the U.S. Supreme Court. Read President Obama's remarks here. 
  • May 19, 2009.  "USCIS issued the following policy memo regarding the adjudication of I-90 applications where foreign nationals may have a criminal history. USCIS indicates that all I-90 applications must be adjudicated in a timely manner regardless of a criminal history, that all requests to produce conviction records are no longer to be issued and that a permanent resident does not lose that status until they abandon it, it is rescinded or they are ordered removed from the country. No foreign national with a criminal record should file an I-90 application with USCIS without first consulting with an attorney to determine if they are subject to removal."  Memo 
  • May 15, 2009.  Philip Eichorn was elected to the position of Secretary of the Ohio Chapter of American Immigration Lawyers Association.
  • May 13, 2009.  USCIS updated the FY 2010 H1-B count.  Click here for more information.
  • May 13, 2009.  Department of State issues June 2009 Visa Bulletin. 
  • May 12, 2009.  The Board of Immigration Appeals issued this decision holding the immigration judge lacked the necessary impartiality. This is one of the primary reasons it is critical to obtain professional and experienced legal counsel for removal proceedings. Learn more about removal proceedings.
  • May 12, 2009.  According to AILA InfoNet Doc. No. 09051232: "The Department of Labor has informed AILA liaison that they will keep the old LCA system operational through June 30, 2009. The DOL has implemented fixes to many of the issues brought to their attention by AILA and other stakeholders thus far. The decision to keep the old LCA system operational will allow the DOL to continue to evaluate issues brought to their attention and to give users additional time to become familiar with the system."
  • May 4, 2009.  USCIS issues an update for the H-1B cap filings. USCIS received 45,000 of the Congressionally mandated 65,000. Therefore, there is room for filings. Call us today. Click here for more information.
  • May 1, 2009.  The Firm is pleased to announce the hiring of Panteha Baghani as an associate attorney. She is a graduate of Cooley Law School, recently worked at Jones Day and will be focused on family and employment based cases.
  • April 27, 2009.  The Sixth Circuit issued this non-precedent decision admonishing the BIA for failure to exercise their discretion and properly review the evidence presented. Gasca-Rodriguez was improperly ordered removed from the U.S. after failing to appear for his hearing. However, neither he nor his attorney received sufficient notice. Read Case.
  • Cap Count for H-1B and H-2B Workers for Fiscal year 2010
  • Myth Busters:

    FACT: H-1B workers don't "steal" jobs from U.S. workers. H-1B visas are issued to temporary, "nonimmigrant" workers in "specialty occupations." As described by the Congressional Research Service, a "specialty occupation" is one "requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum."

    FACT: H-1B workers are not "cheap labor." H-1B Visas and Job Creation points out that employers are required not only to pay an H-1B employee the higher of either the "prevailing wage" or "actual wage" paid to similarly employed Americans, but must also pay about $6,000 in legal and government fees for each H-1B hire, plus up to $12,000 more to sponsor an H-1B worker for permanent residence in the United States.

  • Department of State issues May 2009 Visa Bulletin
  • On 4/9/09 USCIS announced an updated count of the number of fiscal year 2010 H-1B filings that it has received.
  • The Sixth Circuit Court of Appeals held that a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA.
  • Letter from AILA Executive Director Jeanne Butterfield and AILA President Charles Kuck to President Obama regarding comprehensive immigration reform.
  • USCIS Update, April 8, 2009 - USCIS Continues to Accept FY 2010 H-1B Petitions
  • April 07, 2009 - America’s Premier Lawyers Series – Top Verdicts
  • March 20, 2009 - EOIR News Release - Cleveland Has Admin Control of All Ohio Cases
  • March 18, 2009 - Matter of Louissant Using Silva-Trevino to Determine CMT
  • March 9, 2009 - Department of State issues April 2009 Visa Bulletin
  • Members of AILA, including our firm, submitted the following letter to Attorney General Eric Holder requesting action on Matter Silva-Trevino.
  • The U.S. District Court for the Central District of California has issued a notice to foreign national widows and widowers of U.S. citizens regarding the pending class action suit Hootkins v. Napolitano.
  • February 23, 2009 - BIA Remand for More Evidence In cancellation of Removal Case
  • A 2/23/09 letter from Thomas Snow, Acting Director, EOIR, to Tom Shroder, Editor of the Washington Post, regarding a 2/22/09 Washington Post Magazine article titled "The Outsider." Acting Director Snow states that the article incorrectly describes the public's access to immigration proceedings.
  • On 2/12/2009 the Sixth Circuit Court of Appeals held that because the petitioner is unable to establish grounds of inadmissibility that are comparable to the ground of removal/deportation filed against him, he is ineligible for INA § 212(c) relief.
  • January 23, 2009.  President Barack Obama issued a memorandum regarding Freedom of Information Act requests.  Memorandum. 
  • The Attorney General overrules the Board's decisions in Matter of Lozada, and Matter of Assaad. Finds there is no fifth amendment right to counsel. Matter of Compean-Bangaly & J-E-C, 24 I&N, Dec. 710 (A.G. 2009).  This decision makes it imperative that all foreign nationals in removal proceedings retain competent private counsel.  The decision clearly indicates that the BIA will not, as a matter of right, reopen cases where the private lawyer's representation was ineffective.  Foreign nationals retain the right to hire private counsel and should do so at the initiation of proceedings. 
  • January 7, 2009.  USCIS issues announcement that FY 2009 H-2B cap is exhausted.  Announcement. 

  • January 7, 2009.  Restaurant Owner Sentenced to Eight Months for Knowingly Employing Undocumented Workers

2008

  • December 10, 2008.  Department of State issues January 2009 Visa Bulletin.
  • November 10, 2008.  Department of State issues December 2008 Visa Bulletin.  
  • Novermber 3, 2008.  Department of Homeland Security Announces Romania will join the countries involved in the Visa Waiver Program. Press Release.
  • Charlotte Immigration Court Opens on November 4, 2008.  Press Release.
  • October 31, 2008.  Board of Immigration Appeals issues two decisions regarding in absentia orders of removal.  Both cases address the presumption of delivery of regular mail versus certified mail.  These cases are significant for all foreign nationals who have missed their court hearings and have been ordered removed because of lack of notice.  Matter of C-R-C- & Matter of M-R-A-.  
  • October 17, 2008.  President Bush announces additions to the country list for the Visa Waiver Program.  Those countries are the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia, and South Korea.  Press Release.
  • October 14, 2008.  USCIS issues a notice of increased period of stay for TN Visa holders.  Announcement.
  • October 14, 2008.  Department of State issues November 2008 Visa Bulletin. 
  • September 24, 2008.  USCIS issues reminder of program flexibilities. Document.  Please contact my firm or another attorney prior to engaging in business with USCIS.  Very often foreign nationals are not eligible for the benefits elicited.  Consulting with an attorney will help such a determination and prevent wasted use of financial resources (filing fees).   
  • September 18, 2008.  USCIS issues a notice to all naturalization applicants regarding the new testing requirements.  Document. 
  • September 12, 2008.  USCIS notifies seven companies of potential debarment. Document.  
  • September 12, 2008.  Department of State issues October 2008 Visa Bulletin.  
  • August 13, 2008.  Department of State issues September 2008 Visa Bulletin.  
  • August 1, 2008.  Washington Post reports Travelers' Laptops May Be Detained At Border.  In an ever increasing encroachment on all person's civil liberties, the Department of Homeland Security asserts they have the right to search all electronic devices at points of entry.  DHS asserts this authority in this document.  
  • July 30, 2008.  USCIS announces the H-2B cap for the second half of Fiscal Year 2008 has been reached.  Link.  
  • July 24, 2008.  USCIS announces updated list of vaccinations required for Adjustment of Status. Link.
  • U.S Conference of Mayors isues a resolution requesting ICE cease and desist workplace raids until after comprehensive immigration reform.  Link.  
  • July 14, 2008.  Department of State issues August 2008 Visa Bulletin. 
  • July 13, 2008.  New York Times Editorial titled "The Shame of Postville, Iowa."  Link.
  • July 8, 2008.  An essay by Erik Camayd-Freixas, Ph.D.  It is a personal account of the Postville, Iowa raids. Link.
  • June 30, 2008.   USCIS announces online status inquiries for Freedom of Information Act Requests.  Announcement. Link to USCIS.  
  • June 16, 2008.  Supreme Court of the United States issues decision in Dada v. Mukasey.   
  • June 12, 2008.   AILA USCIS Service Center Operations Liaison indicates that efective with the July 2008 Visa Bulletin the EB-3 category will become unavailable until October 1, 2008.  Adjustment of status applications will continue to be accepted and receipted through the end of June.
  • June 11, 2008.  USCIS announces it will resume premium processing of certain I-140 petitions. Link. 
  • June 10, 2008.  Department of State issues July 2008 Visa Bulletin. 
  • June 9, 2008.  Secretary Chertoff announces two-year validity periods for employment authorization documents in certain cases. Link.
  • June 8, 2008.  Cleveland Plain Dealer article regarding Philip Eichorn.  Link.  
  • May 19, 2008.  USCIS issues guidance on naturalization through military service.  Link.  
  • American Immigration Lawyers Association (AILA) recently posted the following two cases regarding false claims to citizenship; Kechkar and Theodros.  Foreign nationals should be aware of the severe consequences of a false claim to citizenship.  Employers should equally be aware and seek legal assistance in ensuring I-9 compliance. 
  • Washington Post Article about detention issues in the U.S.  
  • May 13, 2008.  Department of State issues June 2008 Visa Bulletin. 
  • April 21, 2008.  USCIS issues guidance for VAWA self-petitioners who entered without inspection.  VAWA self-petitioners are permitted to adjust status without a waiver for the entrance without inspection.  Further, all cases filed after January of 1998 that were denied for such a reason may be reopened without a filing fee. Link.
  • April 14, 2008.  USCIS announces H-1B lottery is complete.  Petitions that have been selected will be issued receipt notices.  Petitions not selected (or double filed petitions) will be returned to the petitioner.  Link.
  • April 11, 2008.  New York Times Review of "The Visitor" a 2007 movie that addresses many immigration issues.   
  • April 8, 2008.  USCIS announces Fiscal Year 2009 H-1B Cap is reached. Link.
  • April 2008 Visa Bulletin.
  • March 13, 2008.  Department of Justice and the Executive Office of Immigration Review issued a statement regarding the effective date of the new Immigration Court Practice Manual.  The Practice Manual will be effective July 1, 2008.  Click here for the EOIR Announcement. 
  • March 11, 2008.  Department of State issued its annual Country Reports on Human Rights Practices.  These are critical for claims of asylum, withholding of removal and withholding of removal pursuant to the Convention Against Torture.  Link. 
  • March 10, 2008.  USCIS announces an 18-month extension of TPS for Somalia.  Employment Authorization Documents are extended to September 17, 2008.  Nationals of Somalia granted TPS should re-register within the 60-day period beginning March 12, 2008.  Click here for the USCIS Announcement.
  • March 5, 2008.  USCIS announces change to biometrics policy for I-131 Travel Documents.  Click here for Announcement. 
  • February 26, 2008.  Department of Justice published the final rule increasing civil penalties for U.S. employers who knowlingly employing a foreign national not authorized to work.  The maximum penalty increased from $2,200 to $3,200.  USDOJ Announcement.
  • February 7, 2008 USCIS Memorandum regarding name check policy.  If you have an application for Adjustment of Status, I-601 Waiver or application for temporary resident status that has been pending for more than 180 due to name check delays, contact me. There are procedures being set up to adjudicate these cases in a timely manner.
  • USCIS Application and Receipting Notice dated February 11, 2008.
  • Please review a recent quote of Attorney Philip Eichorn in the Washington Post.
  • On December 11, 2007, USCIS issued a statement regarding the validity of expired I-551. While USCIS indicates such a document is valid, foreign nationals in possession of an expired I-551 should contact my office to discuss their options as soon as possible. In the future, such a document will become invalid.
  • USCIS reminds business the new I-9 should be used subsequent to December 26, 2007. All employees hired after that date should complete the new version of the Form I-9.