DHS / Citizenship and Immigration Services (USCIS)

15 01, 2008

Can the Green Card Renewal Process Lead to Removal Proceedings?

By |2008-01-15T14:00:36-06:00January 15th, 2008|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings|

Can the Green Card Renewal Process Lead to Removal Proceedings? January 15, 2008 This is a question that has arisen with increasing frequency in the past year with hundreds of thousands of long time permanent residents facing the need to renew expiring permanent resident cards (aka “green cards”). The simple answers – for those without criminal issues: No. For those with criminal issues: Maybe. Individuals who have accumulated one or more criminal convictions since the time they have become permanent residents are certainly advised to give serious consideration to seeking legal counsel prior to submitting their I-90 applications to renew their […]

5 12, 2007

Renewing Green Cards With No Expiration Date

By |2007-12-05T14:00:36-06:00December 5th, 2007|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Green Cards, Lawful Permanent Residence in the U.S.|

Renewing Green Cards With No Expiration Date December 5, 2007 On August 22, 2007, the U.S. Citizenship and Immigration Services (CIS) issued a proposed regulation that would require approximately 750,000 lawful permanent residents (LPRs) with permanent resident cards (aka “green cards” or Form I-551) that do not have an expiration date on them, to replace them for modern cards with expiration dates and other security features. Although the public comment period ended on September 21, a final regulation has yet to be issued, and this proposed requirement has yet to take effect. As many of you know, permanent resident cards are […]

15 10, 2007

Injunction Continues in SSA “No Match Letter” Litigation

By |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 |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 |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 […]

12 09, 2007

Lawsuit Blocks Enforcement of Workplace Rules

By |2007-09-12T14:00:36-05:00September 12th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Lawsuit Blocks Enforcement of Workplace Rules September 12, 2007 As the confusion continues to circle around the future of immigration laws in the United States, a new element has been added to the already complex issue. On August 10, 2007, the Department of Homeland Security (“DHS”), under the Bush Administration, announced a rule stating that upon receiving a letter (referred to as a “no-match” letter) from the Social Security Administration (“SSA”) indicating that a company’s information on an alien does not match the SSA’s own records, an employer will be required to fire the employee within 90 days, unless the employee […]

10 08, 2007

New Immigration Filing Fees, Fee Waivers

By |2007-08-10T14:00:36-05:00August 10th, 2007|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

New Immigration Filing Fees, Fee Waivers August 10, 2007 As you may be aware, U.S. Citizenship and Immigration Services (USCIS) issued a new fee schedule which went into effect July 30, 2007. The fee increases are significant, to say the least, with some application costs increasing by 300 percent. There is no doubt that this change will cause hardship to many foreign nationals applying for immigration benefits in the United States, such as U.S. citizenship or permanent residence. In light of this, it is important to know that for some applications, USCIS offers applicants an opportunity to be considered for a […]

20 07, 2007

The 35-Day Rollercoaster Ride

By |2007-07-20T14:00:36-05:00July 20th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S.|

The 35-Day Rollercoaster Ride July 20, 2007 June 13th, July 2nd and July 17th of 2007 are three dates that will forever remain infamous among immigration lawyers and the clients and communities they serve. In the span of 35 days, the U.S. Department of State and Citizenship & Immigration Services (CIS) took everyone on an emotional rollercoaster of extreme proportions. It all started on June 13 when the Department of State issued its visa bulletin for July 2007. As many of you know, the visa bulletin is issued each month and announces the visa availability in family-based and employment-based categories for […]

12 04, 2007

H-1B Visa Cap Reached Within Hours

By |2007-04-12T14:00:36-05:00April 12th, 2007|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

H-1B Visa Cap Reached Within Hours April 12, 2007 The general allotment of 65,000 H-1B work visas for fiscal year 2008, which runs from October 1, 2007 through September 20, 2008, was exhausted on the first day that applications were accepted by Citizenship and Immigration Services (CIS). With employers allowed to submit their filings up to 6 months in advance of the start of the fiscal year, CIS reported that by mid-afternoon on April 2, 2007, CIS had received more than 150,000 applications. Fortunately for those foreign workers who have obtained an advanced degree while studying in the U.S., a separate […]

29 03, 2007

The New Bi-Partisan Immigration Proposal: The Strive Act

By |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 […]

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