The Department of Homeland Security designated Liberia, Guinea and Sierra Leone for Temporary Protected Status for the next 18 months due to the Ebola outbreak in that area of Africa. The registration period for foreign nationals from those countries is from November 21, 2014 through May 20, 2015. All foreign nationals, regardless of whether they hold valid permanent resident status (green card) or non-immigrant visas or are here without proper status are encouraged to enroll in the program as a protective measure.
If you haven't already heard about it in the news or by word of mouth, you certianly will hear about it soon. President Barack Obama is about to make a major immigration announcement, which is expected to impact millions.
Recently, the United States Court of Appeals for the District of Columbia Circuit reversed a USCIS decision to deny an L-1B visa to a Brazilian churrasquiero or gaucho chef on the grounds that the position lacked "specialized knowledge" under immigration law. In Fogo de Chao v. DHS, the DC Circuit found that USCIS erred in discounting culturally acquired knowledge when determining whether an alien applying for a nonimmigrant visa has specialized knowledge. This decision carries significance as it opens the door to consider culturally acquired skills in determining specialized knowledge in a variety of non-immigrant visa settings.
When it comes to immigration strategies, it is smart to avoid doing everything on your own. But problems often arise when you seek advice from friends, family members, or even a governmental agent or officer.
If you are not a lawful permanent resident and you have been convicted of a crime that the Department of Homeland Security (DHS) considers to be an "aggravated felony," then you may be placed into Administrative Removal proceedings. When this happens, DHS will serve you with a Notice of Intent to Issue a Final Administrative Deportation Order (Form I-851). An immigration attorney must then quickly implement creative immigration strategies in your defense.
When a law firm takes on a case involving complex immigration litigation, it is essential that the lead attorney is able to see both sides of the argument - your side and the government's side. At Philip Eichorn Co., LPA, our staff is trained to strategize ahead of time and predict the government's next moves. Throughout the legal process for a case involving immigration litigation, Attorney Eichorn understands how to successfully implement creative arguments with a keen eye toward building the record for a successful appeal. By not only predicting immediate next moves but by also maintaining a perspective of the long-term goals of the client and the overarching principles of a case, our Firm is more than willing to fight on your behalf and see a case all the way through to a successful conclusion.
Many family based immigrant visa applicants run into issues with the required affidavit of financial support. The Affidavit of Support proves to the government that the family based applicant for permanent residence will not be inadmissible to the U.S. pursuant to INA 212(a)(4). All intending immigrants must prove they are not likely to become a public charge. A public charge is someone who will need means tested benefits from the government in the future. The affidavit of support indicates that if the applicant does need means tested benefits from the government, then the affiant will reimburse the government. The affidavit of support overcomes the ground of inadmissibility.
The Board of Immigration Appeals ("BIA") issued a crimmigration (criminal-immigration) decision last week; Matter of Chairez-Castrejon. This case deals with the BIA's use of the categorical and modified categorical approach in determining whether or not the conviction can support removal and how it impacts any applications for relief from removal. When an immigration judge or the BIA analyzes a crimmigration (criminal-immigration) case, they have a specific process to use. This case deals with the BIA's interpretation of that process and how two recent Supreme Court cases impacted that process.
On July 11, 2014, USCIS issued a memo updating and clarifying its position on Nurses and H-1B visas. This memo opens up new opportunities for registered nurses ("RN's") with bachelor's degrees (or its equivalent) to be considered for H-1B visa petitions.
The Eleventh Circuit Court of Appeals, in Ruga v. Holder, found the Form I-589 gave sufficient notification of the consequences for filing a frivolous asylum application. When a foreign national files for asylum in the United States, they must complete the Form I-589 Application for Asylum and Withholding of Removal. That form and all attachments must contain only true and accurate information. The applicant signs this form under penalty of perjury. Immediately preceding the signature line and in bold print is the warning regarding filing a frivolous asylum application.