Immigration and Criminal Law / Detainees Archives - Page 7 of 8

15 10, 2007

Injunction Continues in SSA “No Match Letter” Litigation

By Richard Hanus|2007-10-15T14:00:36-05:00October 15th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Injunction Continues in SSA “No Match Letter” Litigation October 15, 2007 On October 10, 2007, U.S District Judge Charles R. Breyer of the U.S. District Court for the Northern District of California has granted a motion for a preliminary injunction, thereby continuing the restraining order against the Department of Homeland Security (“DHS”) from sending out approximately 140,000 no-match letters to employers affecting roughly 8 million employees. The injunction will be in effect until the case goes to trial unless an appeal by the DHS is filed and subsequently granted. As previously reported in September, the AFL-CIO, the ACLU, and the National […]

11 10, 2007

DHS vs. State of Illinois

By Richard Hanus|2007-10-11T14:00:36-05:00October 11th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

DHS vs. State of Illinois October 11, 2007 It’s the Department of Homeland Security (“DHS”) versus the State of Illinois in a lawsuit filed by the DHS over a recently enacted Illinois amendment to the Right to Privacy at Work Act. At the heart of both the lawsuit and the Illinois law, is the voluntary federal program called E-Verify. This program succeeds the Basic Pilot Program which has been around since 1997, and provides employers with an internet-based way to verify if their employees are legally entitled to work in the United States. Once an employer submits their query regarding an […]

27 09, 2007

New Federal Court Decision Addresses Delays in Processing Citizenship Applications

By Richard Hanus|2007-09-27T14:00:36-05:00September 27th, 2007|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation|

New Federal Court Decision Addresses Delays in Processing Citizenship Applications September 27, 2007 As many applicants for US citizenship are aware, the delay in the processing of their applications can be infuriating. Many applicants find themselves waiting months, and even years to be scheduled for a naturalization oath ceremony after appearing at their local Citizenship and Immigration Services office for interview and successfully completing the requisite civics and English language tests. The most common reason for the delay: a pending FBI name/background check. These delays are not limited to applicants with criminal or suspicious backgrounds. Grandmothers, clergymen and even active military […]

29 03, 2007

The New Bi-Partisan Immigration Proposal: The Strive Act

By Richard Hanus|2007-03-29T14:00:36-05:00March 29th, 2007|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Family-Based Immigration Law, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

The New Bi-Partisan Immigration Proposal: The Strive Act March 29, 2007 Our President, along with many U.S. politicians – including a few of our presidential candidates, think we should enact comprehensive immigration reform and find a way to legalize the undocumented population of the U.S. Other presidential candidates and politicians are vehemently opposed to any measure that would reward our undocumented population with an immigration benefit allowing for the right to legally remain in the U.S. So, within this setting, on March 22, 2007, U.S. Representatives Luis V. Gutierrez (D-IL) and Jeff Flake (R-AZ) introduced a comprehensive, bipartisan, immigration reform bill […]

1 06, 2006

The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members

By Richard Hanus|2006-06-01T14:00:36-05:00June 1st, 2006|Categories: Family-Based Immigration Law, Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation|

The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members June 1, 2006 The U.S. Citizenship and Immigration Service (“CIS”) recently issued a policy memorandum setting forth circumstances under which the criminal history of a U.S. citizen filing a visa petition on behalf of a foreign family member will be disclosed to the foreign family member. Although federal privacy laws generally prohibit the dissemination of the details of an individual’s criminal history to any third parties, exceptions do exist if “compelling circumstances affecting the health and safety of an individual” justify the disclosure of such information. In the context […]

11 05, 2006

Immigration Security Checks

By Richard Hanus|2006-05-11T14:00:36-05:00May 11th, 2006|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Immigration and Criminal Law / Detainees|

Immigration Security Checks May 11, 2006 “Everything looks o.k. with your case, but we are awaiting final FBI clearance on your name check before we can approve you.” This may sound familiar to many of you who have recently appeared for an interview at a U.S. Citizenship and Immigration Service (CIS) office on an application for U.S. permanent residence or citizenship. Unfortunately, those who are awaiting such a final security clearance, may find their applications on hold for many months or years. So exactly what is the exact nature of these security procedures? And what can be done to speed things […]

1 02, 2006

Isolated Instances of Drug Use May Lead to Denial of Immigrant Visa

By Richard Hanus|2006-02-01T14:00:36-06:00February 1st, 2006|Categories: Immigration and Criminal Law / Detainees, United States Embassies Abroad|

Isolated Instances of Drug Use May Lead to Denial of Immigrant Visa February 1, 2006 Section 221(d) of the Immigration and Nationality Act requires immigrant visa applicants to undergo a physical and mental examination so as to determine whether the applicant has a medical condition that would make him/her ineligible for admission into the US. HIV, tuberculosis, and other contagious diseases are tested for, and applicants are also generally questioned about their use/abuse of controlled substances, with the latter line of inquiry becoming the subject of much controversy as of late. U.S. immigration law deems, without exception, “drug abusers or addicts” […]

2 12, 2004

Law Enforcement Association Opposes CLEAR Act Proposal

By Richard Hanus|2004-12-02T14:00:36-06:00December 2nd, 2004|Categories: DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Law Enforcement Association Opposes CLEAR Act Proposal December 2, 2004 CLEAR, or Clear Law Enforcement for Criminal Alien Removal, is a federal legislative proposal currently under consideration in Washington, which includes provisions that would impose mandatory financial penalties on local governments that do not actively enforce federal immigration laws. The International Association of Chiefs of Police (IACP) has recently announced its opposition to this proposal, urging Congress to allow State and Local government agencies greater latitude in determining whether to opt in on immigration law enforcement measures. Included in proposed CLEAR Act provisions is a measure whereby the federal government would […]

12 11, 2004

U.S. Supreme Court Rules on DUI / Deportation Issue

By Richard Hanus|2004-11-12T14:00:36-06:00November 12th, 2004|Categories: DHS / Immigration and Customs Enforcement (ICE), Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court Rules on DUI / Deportation Issue November 12, 2004 Firstly, contrary to the impression the general public might have been given based on recent media coverage of a recent Supreme Court decision, a conviction for driving under the influence of alcohol has not, to this point, been automatically leading to the deportation of non-U.S. citizens. However, pursuant to an overly harsh set of laws enacted in 1996 creating expanded classifications of “deportable” offenses, many non-citizens residing across the U.S. who have been convicted of a felony DUI found themselves in removal (formerly known as deportation) proceedings and without […]

27 02, 2004

H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence

By Richard Hanus|2004-02-27T14:00:36-06:00February 27th, 2004|Categories: Green Cards, Immigration and Criminal Law / Detainees, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

H-1B Visa Cap; Immigration Law, Criminal Law and Driving Under the Influence February 27, 2004 Allotment of H-1B Visas Has Been Exhausted for This Fiscal Year For the fiscal year of 2004, which starts October 1, 2003 and ends on September 30, 2004, the annual cap on the issuance of H-1B visas (for professional nonimmigrants) has been reached. Therefore, the earliest validity date on any new H-1B petition will be October 1, 2004. Among the types of H-1B filings that are EXEMPT from the cap are petitions filed by non-profit institutions or institutions of higher learning, as are filings to extend […]

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