U.S. Immigration Law and Legislation

30 03, 2009

Will Durbin’s DREAM (Act) Ever Come True?

By |2009-03-30T07:43:45-05:00March 30th, 2009|Categories: Amnesty for Immigrants in the U.S., Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Will Durbin’s DREAM (Act) Ever Come True? Published: March 30, 2009 There are a multitude of perspectives in the debate about how our country should fix the problem of having 10 to 20 million undocumented individuals residing here. Days ago, Senator Dick Durbin (D) of Illinois once again has introduced legislation before the U.S. Senate to establish a “path to citizenship” for millions of undocumented foreign nationals who arrived in the U.S. as children. The bi-partisan team joining Durbin in presenting this proposal, known as the Development, Relief and Education for Alien Minors Act (DREAM), includes Senator Richard Lugar (R) of […]

15 03, 2009

New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support

By |2009-03-15T06:44:13-05:00March 15th, 2009|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

New Poverty Guidelines In Effect For Sponsors Completing Affidavits Of Support Published: March 15, 2009 Before intending family-based immigrants are issued their visa, or approved for adjustment of status, the petitioning U.S. family member or their joint co-sponsor will have to submit an I-864 Affidavit of Support (or acceptable I-864 variation) and most of the time, satisfy certain income requirements. The most common exception is the option for a petitioner to prove their financial health by way of ownership of sizable liquid assets as evidenced by bank/brokerage account statements or real property appraisals. The income requirement applicable to most petitioners is […]

28 02, 2009

Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire

By |2009-02-28T22:08:01-06:00February 28th, 2009|Categories: Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Non-Citizens Lured into Voting: The Motor-Voter / Deportation Crossfire Published: February 28, 2009 It’s a problem. A big problem. Innocent foreign nationals from countries far and wide are finding themselves in the middle of the Motor-Voter/Deportation crossfire here in the U.S. In Illinois, the following scenario (or a version of it) is unfortunately popping up way too often: Foreign national – we’ll call her Daisy, arrives in the U.S. legally, on an immigrant visa (permanent resident), and starts the process of obtaining identification documents such as a social security card, state i.d., drivers license, etc. Upon her visit to the Illinois […]

9 02, 2009

The Right to “Effective Assistance of Counsel” in Removal Proceedings

By |2009-02-09T06:11:14-06:00February 9th, 2009|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

The Right to “Effective Assistance of Counsel” in Removal Proceedings Published: February 9, 2009 When a foreign national is prejudiced by the ineffective assistance of his attorney in the context of removal proceedings, the foreign national has historically had a right to redress – a Motion to Reopen based on ineffective assistance of counsel. That right, however, has been pretty much eliminated and transformed into a possible avenue of redress as a result of directives issued by Attorney General Mukasey on the eve of his and the Bush administration’s departure from office. The Attorney General used three Board of Immigration Appeals […]

20 01, 2009

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime?

By |2009-01-20T11:40:37-06:00January 20th, 2009|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Waiting for Comprehensive Immigration Reform – What Actions Can the Overstay/Undocumented Take in the Meantime? Published: January 20, 2009 So, you have made the decision that being in the U.S. without legal status is better than being in your home country with all the legal status in the world. And you continue to hope that President Obama can advance his goal of comprehensive immigration reform and that your particular circumstances will be covered by some prospective legislation. While we await such legislation, are there measures the overstay / undocumented foreign national can take to “legalize” their status and obtain U.S. lawful […]

8 12, 2008

UPDATE: The Truth about Foreign Nurses and US Immigration Law

By |2008-12-08T02:00:10-06:00December 8th, 2008|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

UPDATE: The Truth about Foreign Nurses and US Immigration Law Published December 8, 2008 As of this writing there truly is no speedy and simple way to facilitate the issuance of either immigrant or temporary work visas for Registered Nurses from most foreign nations (Canada and Mexico are the only exceptions). Knowing the truth about foreign nurses and US immigration law is critical, specifically because US employers and future US RN employees are desperate to be matched up with each other There is an abundance of misinformation out there, and Employers, and especially prospective work visa holders are vulnerable to misinformation […]

24 11, 2008

An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval

By |2008-11-24T08:00:37-06:00November 24th, 2008|Categories: Customs and Border Patrol / Travel to and from the U.S., Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

An Alternative to the H-1B Visa for Canadian and Mexican Citizens: TN status now available for 3-year approval Published November 24, 2008 For citizens of North American countries such as Canada and Mexico, the path toward obtaining a nonimmigrant visa or permission to work in the United States is often much simpler than applying for the H-1B. Since the enactment of NAFTA (the North American Free Trade Agreement) in 1994, workers in certain employment categories have been welcomed to the U.S. along with their families in one-year increments, with the freedom in some cases to renew indefinitely. As we approach 2009 […]

5 11, 2008

Barack Obama and the Future of Our Immigration Laws

By |2008-11-05T13:46:56-06:00November 5th, 2008|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Barack Obama and the Future of Our Immigration Laws Published: November 5, 2008 Today’s article is not a political one, especially because I am just as tired as you are of hearing about how wonderful or terrible an Obama presidency will be. The campaign is finally over, the hoopla is hopefully dying down, and whether you think President Elect Barack Obama is the real deal or just a fantasy – or maybe something in between, at some point in the near future the immigration issue will be up for discussion. On many people’s minds is whether comprehensive immigration reform – including […]

21 10, 2008

New Civics Test Implemented for N-400 Applicants

By |2008-10-21T07:12:46-05:00October 21st, 2008|Categories: Citizenship / Naturalization and the N-400 Application, U.S. Immigration Law and Legislation|

New Civics Test Implemented for N-400 Applicants Published October 21, 2008 Beginning Oct. 1, 2008, the U.S. Citizenship and Immigration Services (USCIS) is using new questions for the U.S. civics portion of the N-400, Application for Naturalization testing process. Applicants filing for naturalization on or after October 1, 2008 will be administered the new test at their interview. Applicants filing prior to October 1, 2008, but are only interviewed after October 1 , 2008 (but before October 1, 2009), will have the option of taking either the new test or the previous version. The following is the list of new questions. […]

25 09, 2008

The New Visa Lottery (DV-2010)

By |2008-09-25T13:22:31-05:00September 25th, 2008|Categories: Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation, Visa Lottery and Diversity Visas to the U.S.|

The New Visa Lottery (DV-2010) Published September 25, 2008 As in years past, millions of people from all over world will submit entries to have a chance at one of 55,000 diversity immigrant visas and obtain “green card” status in the U.S. Excluded from eligibility are natives of Brazil (new to the list), Canada, China (mainland born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Pakistan, Peru (new to the list), Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and Vietnam. That is because these are considered to be “high admission” nations, and the basis of Congress establishing […]

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