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Undocumented Immigrants and Workers in the U.S.

22 02, 2021

Biden Reaches For the Stars and Starts an Important Immigration Conversation

By |2021-02-22T17:44:49-06:00February 22nd, 2021|Categories: General, Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, immigration reform, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published February 22, 2021 By Richard Hanus, Esq. It’s been more than 20 years since our nation has enacted any significant legislation to allow our nation’s undocumented population an avenue to legalize their status.  The most recent provision,  Section 245(i) of the Immigration and Nationality Act, was neither simple nor straightforward.  It was potent, though, affording hundreds of thousands, if not millions, of otherwise law abiding foreign nationals without immigration status a path to permanent residence (green card).  Its primary requirements included having a qualifying family member or employer to petition them along with the payment of a financial penalty for violating their status. Fast [...]

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26 01, 2021

6 Big Immigration Happenings Under President Biden

By |2021-01-26T16:11:29-06:00January 26th, 2021|Categories: General, Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Green Cards, immigration reform, 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.|

Published January 26, 2021 By Richard Hanus, Esq. Even before President Biden took office, the nonstop flow of news relating to immigration law began.  How will things be different with President Biden when it comes to immigration law and policy, especially after 4 years of the Trump administration’s harsh tone and policies?  In the past 10 days, the Biden administration has announced dozens of important immigration initiatives, some being Executive Orders taking effect immediately and without Congressional approval and others like proposed legislation, requiring Congressional approval and having no immediate impact.   Below are the 6 most far reaching of these orders [...]

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9 10, 2020

In Home Stretch of Re-election Campaign, Trump Pumps Up the Volume on Deportations and H-1B Visa Restrictions

By |2020-11-14T12:37:48-06:00October 9th, 2020|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published October 9, 2020 By: Richard Hanus, Esq. Pecking Away At H-1B Visas:  Over the past 7 months, the Trump Administration has unleashed a deluge of measures impacting our legal immigration process, both for family based, and job based filings.   In the workplace context, it’s become significantly more complicated for employers to hire and retain foreign nationals or otherwise comply with our immigration laws.  Not only is the Administration not creating more “merit based” avenues for legal immigration as promised, it is placing unprecedented hurdles for companies and our nation to benefit from the contributions of talented and ambitious foreign national professionals.   These initiatives have [...]

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30 07, 2020

Uncertainty All Around For DACA and U.S. Immigration Operations In General

By |2020-11-14T12:40:15-06:00July 30th, 2020|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 30, 2020 By: Richard Hanus, Esq. The nonstop, unprecedented flow of immigration news continues, including with regard to the impact of the U.S. Supreme Court’s decision rejecting the Trump Administration’s attempt to terminate the Deferred Action for Childhood Arrivals (DACA) Executive Order.  For certain, since the SCOTUS ruling, the Administration has waffled about DACA’s future, first making it clear it was going back to the drawing board to rescind DACA and curing the legally deficient procedures previously employed to end the program.  Then later, the President announced he wanted to find a way to make “DACA (people) happy” with [...]

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16 07, 2020

10 Years Just Happened in 3 Months – An Unprecedented Volume of Immigration Law Events

By |2020-11-14T12:40:40-06:00July 16th, 2020|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published July 16, 2020 By: Richard Hanus, Esq. In my 25+ years as an immigration lawyer, my area of practice has never been as important or relevant as it is today.  This Administration has made it this way, bringing U.S. immigration law into the spotlight as one of the bedrock issues of its campaign and presidency.   Whether it really merits this level of attention is questionable, given other more pressing problems plaguing this nation.  Loud, news attracting immigration policies are released every other day, and whether their legality is held up in court seems to be beside the point.   The policies touch on illegal immigration [...]

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30 06, 2020

Supreme Court Administers CPR and Revives DACA…..For Now

By |2020-11-14T12:41:17-06:00June 30th, 2020|Categories: Amnesty for Immigrants in the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., immigration reform, Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published June 30, 2020 By: Richard Hanus, Esq. Deferred Action for Childhood Arrivals – better known as DACA – was an Executive Order issued by President Obama in 2012 after our Congress was unable to agree on an appropriate answer to our nation’s “12 million undocumented” state of affairs.  Once in place, DACA allowed approximately 700,000 young adults who were brought to the U.S. illegally as children to gain legal status and employment authorization for 2 year increments and otherwise be protected from deportation.  8 years later, tens of thousands of DACA recipients are accomplished professionals, teachers, artists, business leaders and students, [...]

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5 03, 2020

U.S. Supreme Court: Providing False Information on Form I-9 Can Lead to State Criminal ID Theft Charges

By |2020-11-14T12:46:54-06:00March 5th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., General, Immigration and Criminal Law / Detainees, Undocumented Immigrants and Workers in the U.S.|

Published March 5, 2020 By: Richard Hanus, Esq. Form I-9 is the document employers and employees complete and sign to confirm an employee’s eligibility to be lawfully employed in the U.S.  For foreign nationals residing and working in the U.S. without immigration status, completion of the  I-9 often involves a complicated and perilous set of decisions, especially when the worker is submitting a job application under an assumed name and/or social security number.  Now, according to the U.S. Supreme Court in Kansas v. Ramiro Garcia, individual states have legal authority to use false information contained in I-9’s to support criminal, identification [...]

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14 11, 2019

DACA Argued Before The U.S. Supreme Court

By |2020-05-01T14:01:47-05:00November 14th, 2019|Categories: Amnesty for Immigrants in the U.S., 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., immigration reform, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published November 14, 2019 In 2012, President Obama issued an executive order allowing undocumented foreign nationals who arrived in the U.S. under the age of 16 to be shielded from deportation and issued an employment authorization document.  Eligibility for coverage under the Executive Order – Deferred Action for Childhood Arrivals (DACA) depended on a number of factors, including whether the applicant had a serious criminal background and was physically present in the U.S. for the requisite period. DACA has been a huge success, allowing some 700,000 undocumented young immigrants to come out of the shadows, attend universities, assume jobs and otherwise [...]

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15 10, 2019

Immigration Judges Union Alleges Unfair Labor Practices

By |2020-05-01T14:08:42-05:00October 15th, 2019|Categories: DHS / Immigration and Customs Enforcement (ICE), Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published October 15, 2019 In all, there are more than 400 immigration judges in the U.S., and they are employed by the U.S. Department of Justice’s Executive Office of Immigration Review (DOJ/EOIR) to preside over removal proceedings and essentially decide who gets to remain in the U.S and who must depart.  Of course, there are laws that govern the decision-making process, and the judges making these decision are charged with applying a long list of statutes, regulations and case-law fairly and efficiently.  But as is no secret, the strain on this government function these days is at unprecedented levels, with the [...]

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22 09, 2019

Deferred Action Comes to an End

By |2020-05-01T14:15:33-05:00September 22nd, 2019|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., General, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published September 22, 2019 In an abrupt, yet not surprising policy decision, the U.S. Department of Homeland Security announced it is putting a halt to a Deferred Action program that has been a part of the immigration law and prosecutorial discretion landscape for more than 4 decades.  The political reasons for this announcement are obvious, but there exists no real practical reason for the program’s termination since it’s been employed so sparingly during its life. What is Deferred Action?   It is a formal statement by the Executive Branch of our government via U.S. Citizenship and Immigration Services that it will not [...]

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