Steps to Take If Your Application for Naturalization is Denied
We can help you CONTACT US TODAY 24 HOUR RESPONSE
Bold labels are required.
Cleveland Immigration & Naturalization Law Blog
H-1B season is here! HR professionals, employers and attorneys are busy gathering documents in preparation of new H-1B petitions. Employers and foreign nationals alike are filled with the anticipation of hiring the right candidate or finding the right job. Unfortunately, with all this excitement comes the fear and the anxiety often caused by the H-1B cap.
On February 7, 2014, the Board of Immigration Appeals issued two decisions affecting the way we look (literally) at asylum law: Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) and Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014). In this new case law trend, the Board clarifies the term "social visibility," an element that has been required to establish one of the protected grounds of asylum; membership in a particular social group. According to these decisions, social visibility does not - and never was designed to - signify only literal or ocular visibility. In order to make this point even clearer, the Board renamed the element from "social visibility" to "social distinction."
For many people with a criminal record, expunging (or sealing the record) is the perfect solution - wipe the slate clean and start anew. An expungement operates to "clean" the court record. These court records, however, remain available for review by law enforcement even though the average person cannot see them.
Since 2005, eight U.S. District Courts along the U.S.-Mexico border have implemented a program called Operation Streamline. Through this program, people crossing the border are picked up, arraigned, plead, and convicted in a matter of hours. After that, they serve their jail sentences and are released back into Mexico. Some are even sentenced only to time served and are then immediately sent back.
Sometimes events occur that make it dangerous to return to one's home country. When the U.S. government decides that a situation in a country is too dangerous, then the government will allow citizens of that country to remain safely in the United States with permission to work. This is called Temporary Protected Status ("TPS"). Currently, people from Syria can register for this status due to the current civil war, but it must be requested before December 16, 2013.
In a 5-4 decision, the U.S. Supreme Court just struck down the Defense of Marriage Act (or "DOMA"). Since the 1990s, this law has prevented same-sex couples who have a valid marriage under state law from getting the same federal benefits as those in heterosexual marriages. Those benefits include the ability to petition for a foreign-national spouse to get permanent residency in the United States based on marriage to a U.S. citizen or permanent resident. Today, Justice Kennedy issued a landmark decision in United States v. Windsor striking down DOMA. This decision opens the gates, for now, for bi-national same-sex spouses to stay in the United States together permanently. This is a great victory both for supporters of LGBT rights as well as for supporters of better and more rational immigration policy.
As many of you may have heard or seen, President Obama and Department of Homeland Secuirty Secretary Janet Napolitano announced a shift in the administration's policy. The administration is now offering "deferred action" to certain qualifying foreign nationals. It is critical to understand this is NOT amnesty, it is NOT lawful permanent resident status (green card) nor is it a path to status. It is a deferral of enforcement action for certain qualified people.
Rally for Reform - On May 29, 2013 several hundred supporters of immigration reform rallied at the Free Stamp at Willard Park in Cleveland, Ohio, where supporters explained the need for reforming our broken immigration system. The group then marched from the park to Public Square where they remained for several hours to rally for just and humane immigration reform.
U.S. Citizenship and Immigration Services (USCIS) announced on Friday that it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. Additionally, USCIS announced it had received more than 20,000 H-1B petitions filed on behalf of foreign nationals who would be exempt from the cap under the advanced degree exemption. As such, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.