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Undocumented Immigrants and Workers in the U.S.

9 11, 2016

Do Not Panic

By |2016-11-09T16:22:17-06:00November 9th, 2016|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Customs and Border Patrol / Travel to and from the U.S., Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, Green Cards, Immigration and Criminal Law / Detainees, 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 November 9, 2016 Panic is rarely a useful response to a stressful situation.   In the U.S. immigration arena in the aftermath of Donald Trump’s election to the U.S. presidency, panic is neither useful nor necessary. Yes, he spoke about a wall. Yes, he spoke about rounding up all undocumented immigrants. But did he mean it? If he said it, why wouldn’t he mean it? If he did mean it, what laws and political realities should the undocumented be aware of? Will our nation’s undocumented be rounded up for deportation? Very, very, very unlikely. While Trump made such an initiative a hallmark of his primary campaign, […]

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22 10, 2016

No Comprendo Mr. Trump

By |2016-10-22T08:44:04-05:00October 22nd, 2016|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published October 22, 2016   The final debate, held on October 19, 2016, was an opportunity for Donald Trump to clarify, elaborate on and otherwise detail his vision for how our nation’s immigration problem should be addressed.  With the spotlight shining and 84 million people watching, here is what Donald Trump had to say on the topic: Well, first of all, she wants to give amnesty, which is a disaster and very unfair to all of the people that are waiting on line for many, many years. We need strong borders. In the audience tonight, we have four mothers of — […]

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24 08, 2016

True or False: Donald Trump Means What He Says

By |2016-08-24T09:30:34-05:00August 24th, 2016|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), 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 August 24, 2016   Over the past year I have watched the Donald Trump for President phenomenon with keen interest.   My attraction mostly had to do with Trump’s focus on immigration, his claims that it is at the root of so many of our society’s problems, and how he has the answers to these problems.     No less interesting to me is the wave of popularity Trump has ridden, despite asserting extreme or disparaging generalizations regarding Mexicans, Muslims, women and others.  And yes, eventually there were the public mockings of a disabled person and the parents of a fallen war hero.  […]

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8 08, 2016

Expansion of Stateside “Provisional” Waiver Program

By |2016-08-08T05:35:45-05:00August 8th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), 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, Immigration and PERM / Labor Certification, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published August 8, 2016   Back in 2013, the US Department of Homeland Security/Citizenship and Immigration Services first implemented a “stateside” I-601A Waiver program, an initiative allowing for the processing a “waiver of inadmissibility” for certain green card applicants who under current law, are not eligible to adjust their status and undergo final green card processing in the U.S.    Under the system previously in place, such applicants were required to depart the U.S. to their home country for a period of many months and appear for their final immigrant visa (green card) interview before a consular officer outside the U.S. and await a decision on […]

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25 07, 2016

For Those Who Entered the U.S. Under a False Identity and Now Want a Green Card

By |2016-07-25T19:13:52-05:00July 25th, 2016|Categories: Conditional Permanent Residence Based on Marriage, Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Family-Based Immigration Law, General, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, Undocumented Immigrants and Workers in the U.S.|

Published July 25, 2016 Foreign nationals who enter the U.S. under a false identity or assumed name usually do so because conventional legal avenues to gain entry are not available to them.  From what I have witnessed, the assumed name entrant is typically motivated by a desire to achieve a better life in terms of work and freedom, a life that would otherwise not be available but for their taking action to enter under a false identity and/or fabricated visa application.  For a variety of reasons though, no visa is within reach, whether it be as a B-1/B-2 visitor for pleasure/business, F-1 […]

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7 07, 2016

U.S. v. Texas: The Supreme Court Addresses President Obama’s Executive Order on Immigration

By |2016-07-07T15:18:30-05:00July 7th, 2016|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., General, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published July 7, 2016   In recent weeks, the U.S. Supreme Court announced in a one line order that it will let stand a lower court decision blocking implementation of President Obama’s most recent executive program on immigration.  In the case of U.S. v. Texas, the eight member Supreme Court (with Justice Scalia’s recent death and his seat left unfilled) in a 4-4 decision simply stated, “(t)he judgment is affirmed by an equally divided court”, upholding lower court decisions and effectively putting a nail in the coffin on President Obama’s immigration initiative known as “Deferred Action for Parents of Americans and […]

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18 05, 2016

U Visa Processing Delays Prompt Concern

By |2016-05-18T07:56:07-05:00May 18th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published May 18,2016   This past week, a letter signed by more than 300 organizations was sent to Leon Rodriguez, the Director of U.S. Department of Homeland Security/Citizenship and Immigration Services expressing deep concern for the extensive delays facing applicants for U visa status.   Specifically, at present, it will take at least 2 years from the filing date for a U visa application to be reviewed by an immigration officer.   Further, once approved, the applicant may end up waiting additional time if the annual supply of 10,000 U visas has been exhausted for the year in question (although approved applicants who […]

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7 03, 2016

Memo to the Round Em Up Cowboys: You May Be Creating a Path to Legalization

By |2016-03-07T11:39:12-06:00March 7th, 2016|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), Employment Authorization / Work Cards in the U.S., Green Cards, immigration reform, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published March 7, 2016   Most folks would agree that if Congress goes through the trouble of enacting a constitutionally sound law, and our President signs on, that law should be enforced.   That includes our immigration laws.  But over the course of the past 35 years and 4 presidencies, our country’s undocumented population has swelled to more than 12 million. How did that happen?   Unlivable conditions in the ever expanding list of crumbling countries, a lack of viable legal immigration options, and less than complete enforcement efforts by successive administrations, Democrat and Republican alike, are among the most likely explanations.   Perhaps, […]

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6 01, 2016

New Immigration Raids: Who are the targets and why?

By |2016-01-06T08:01:03-06:00January 6th, 2016|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Undocumented Immigrants and Workers in the U.S.|

Published January 6, 2016 In the summer of 2014, thousands of individuals from Central America showed up at the U.S./Mexico border seeking refuge in the U.S.    Escaping extreme poverty, a breakdown in governmental institutions, domestic violence and gang warfare, individuals from Honduras, El Salvador and Guatemala made the journey to our border to avail of our nation’s refugee protection laws.  In theory, all of these individuals were, and are, given access to our nation’s legal protections and system of assessment.   Some were successful at meeting applicable legal standards and have been allowed to stay in the U.S. as “asylees”.  Others were […]

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4 01, 2016

Fiscal Year 2016 U Visa Supply Is Exhausted

By |2016-01-04T12:19:45-06:00January 4th, 2016|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Green Cards, Lawful Permanent Residence in the U.S., Undocumented Immigrants and Workers in the U.S.|

Published January 4, 2016 Each year 10,000 U visas – which include employment authorization and a path to permanent residence – are made available for foreign nationals who have been the victims of various enumerated crimes, and who are willing, or active, witnesses in the prosecution of the criminal perpetrator.     As of last week, the 10,000 U visa allotment for fiscal year 2016, which runs from October 1, 2015 through September 30, 2015, has been exhausted, although the Department of Homeland of Security will continue to accept applications throughout the year (for fiscal year 2017 consideration) and even grant temporary employment […]

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