Uncategorized Archives - Page 2 of 4

2 11, 2018

Trump Looks To End Birthright Citizenship

By Richard Hanus|2018-11-02T20:01:10-05:00November 2nd, 2018|Categories: Citizenship / Naturalization and the N-400 Application, Family-Based Immigration Law, General, immigration reform, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published November 2, 2018 The experts have already chimed in to advise that his plan is contrary to basic constitutional law, but that has not stopped Donald Trump from announcing in recent days that he will issue an executive order putting a halt to birthright citizenship, i.e. the rule that all children born in the U.S., with few exceptions, are born as U.S. citizens. Most see the President’s announcement as a purely political stunt in order to bolster support among his base to vote Republican in the coming midterm elections and to maximize their chances of maintaining control of Congress. […]

19 10, 2018

Recent Court Challenges to H-1B Visa Policies and Decisionmaking

By Richard Hanus|2020-05-01T16:03:52-05:00October 19th, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), 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, Uncategorized|

Published October 19, 2018 Although the U.S. Congress has not changed the substantive law impacting how H-1B work visa petitions are decided, the agency reviewing these petitions – U.S. Department of Homeland Security/Citizenship and Immigration Services (“DHS/CIS”) – has implemented a variety of internal policies creating numerous novel obstacles to petition approval. Indeed, DHS/CIS has the authority to implement its own policies however when they go beyond limits allowed by federal law, impacted parties may seek redress in federal court. Our current administration has gone out of its way to implement far ranging policies to make it harder to get […]

23 08, 2018

Federal Court in Chicago Allows Pakistani Immigrant’s Involuntary Servitude Claim to Proceed

By Richard Hanus|2018-08-23T09:30:15-05:00August 23rd, 2018|Categories: Employment Authorization / Work Cards in the U.S., General, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published August 23, 2018 A U.S. District Court in Chicago ruled this week, in denying the defendant’s effort at dismissal, that an undocumented Pakistani’s involuntary servitude and forced labor lawsuit against his former employer, a gas station owner, can proceed. The defendant’s former employer must now formally respond to and defend the lawsuit which alleges the gas station owner essentially enslaved the plaintiff worker, withheld his wages, kept his passport and issued regular threats of deportation. According to the lawsuit, in 2003 the plaintiff/worker, Munawar Ali, was offered employment at the defendant, Sohail Khan’s Illinois gas station, although Ali lacked […]

7 05, 2018

Immigration Services That Seem Too Good To Be True

By Richard Hanus|2020-05-01T16:40:43-05:00May 7th, 2018|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., General, Green Cards, immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published May 7, 2018 The Office of the Illinois Attorney General recently filed civil lawsuits against 2 women representing themselves as providers of legitimate immigration services but who, according to the complaints, bilked victims out of thousands of dollars. According to the lawsuits, the women made false promises to unsuspecting undocumented immigrants who thought they were paying for bona fide services that would lead to the legalization of their immigration status. In the first lawsuit, filed in Cook County, Illinois, the Illinois Attorney General charged Elizabeth Olvera, a volunteer and assistant life coach to members of the Chicago area’s Spanish-speaking community, […]

21 02, 2018

The Bad Lawyer and the Fake Lawyer

By Richard Hanus|2020-05-01T16:57:14-05:00February 21st, 2018|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published February 21, 2018 In my 25+ years as an immigration lawyer, I have seen many versions of both the bad lawyer and the fake lawyer. Each is poisonous in that they erode trust in the legal profession and in humankind in general – not to mention the brazen acts of robbery they commit as they carry out their scams. In today’s political environment, where those vulnerable to deportation, or just having to access our immigration system, are more fearful than ever, the damage the bad or fake lawyer can do is immense. Below are two recent examples, with one […]

9 01, 2018

The H-1B Visa Rush Is On – Start Preparing Now

By Richard Hanus|2020-05-01T17:14:17-05:00January 9th, 2018|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., General, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized|

Published January 9, 2018 Starting April 1, 2018, employers and their foreign worker employees will get a chance at one or more of the 85,000 H-1B visas available each fiscal year, with the new fiscal year starting on October 1, 2018. The time to start preparing is now, as the supply of available visas is usually exhausted almost immediately, and with special attention and planning needed to combat the obstacles the Trump administration’s “Buy American, Hire American” initiative presents. For an employer or a prospective foreign worker to have a chance at one of these H-1B visas, the parties must […]

9 07, 2017

Certain EAD Holders with Pending Extension Requests Can Continue to Work

By Richard Hanus|2020-05-01T18:00:49-05:00July 9th, 2017|Categories: Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published July 9, 2017 Foreign nationals in the U.S. can qualify to obtain an Employment Authorization Document (EAD) under a variety of circumstances. There are more than a couple dozen categories of eligibility, although the vast majority of our nation’s undocumented population do not qualify under any of them. The most common bases of eligibility for an EAD include foreign nationals with pending applications to adjust their status to permanent residence (pending “I-485” green card application), pending asylum applications, and pending applications for cancellation of removal (for certain undocumented foreign nationals fighting removal proceedings). Most of the time the Employment […]

6 06, 2017

When Will CIS Expedite Processing of your Petition or Application? AND New Vetting Procedures in Place for Visa Applicants

By Richard Hanus|2020-05-01T18:05:12-05:00June 6th, 2017|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, General, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Uncategorized, United States Embassies Abroad|

Published June 6, 2017 These days, with processing times for various petitions and applications getting longer, it is important to be aware that U.S. Department of Homeland Security/Citizenship and Immigration Services (CIS) will entertain and grant expedite requests under a variety of circumstances. Firstly, there are a line of employment based petitions where CIS, for an additional “premium processing” fee, will review the filing and issue a decision in as little as 7-14 days. The additional fee is $1,225.00, and that amount is on top of base filing fee at issue. CIS offers this option for the processing of the vast […]

23 05, 2017

The Controversy Surrounding Sanctuary Cities

By Richard Hanus|2020-05-01T18:08:05-05:00May 23rd, 2017|Categories: Amnesty for Immigrants in the U.S., DHS / Immigration and Customs Enforcement (ICE), General, Immigration and Criminal Law / Detainees, immigration reform, U.S. Immigration Law and Legislation, Uncategorized, Undocumented Immigrants and Workers in the U.S.|

Published May 23, 2017 Since the election of President Trump, the term “sanctuary city” has had a conspicuous presence in our national conversation on immigration. President Trump’s executive orders and rhetoric about building a wall and amping up immigration enforcement are the main reasons the topic has become all the more interesting, especially for our nation’s undocumented population. Firstly, what is a sanctuary city? It is a local government entity that decided as a matter of policy it will play no role whatsoever when it comes to the enforcement of our federal immigration laws. That means a sanctuary city’s local […]

25 04, 2017

A New Look for Green Cards and Employment Authorization Documents

By Richard Hanus|2020-05-01T18:12:05-05:00April 25th, 2017|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Uncategorized|

Published April 25, 2017 Toward enhancing security and combatting document fraud, U.S. Department of Homeland Security will begin issuing a newly redesigned Permanent Resident Card (“Green Card”) and Employment Authorization Document (“EAD”) starting May 1, 2017. Green Cards and EADs issued prior to the release of the new versions will continue to be honored throughout their validity period. The new documents will feature the individual’s photos on both sides along with unique graphics, color schemes and embedded holographic images. Green Cards will feature the image of the Statue of Liberty and a mainly green color scheme. EADs will include […]

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