U.S. Immigration Law and Legislation Archives - Page 16 of 26

1 04, 2012

Update on “Stateside” I-601 Waiver Processing

By Richard Hanus|2012-04-01T14:03:48-05:00April 1st, 2012|Categories: Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|Tags: extreme hardship, proposed rule, unlawful presence, waiver|

Published: April 1, 2012 On March 30, 2012, US CIS published a proposed rule for the implementation of the “stateside” I-601 Waiver program. That does not mean the program is now in effect, just that the government has commenced the beginning steps toward implementation of the program, with some commentators expecting the rule to be implemented by the end of the calendar year. As previously discussed here, the proposed program would serve to streamline processing of certain applicants for permanent residence who under current law, must leave the US for an extended period for their final green card/ interview, and appear […]

21 02, 2012

I Am Not a U.S. Citizen, but I Registered to Vote….and Even Voted!

By Richard Hanus|2012-02-21T13:54:16-06:00February 21st, 2012|Categories: Citizenship / Naturalization and the N-400 Application, DHS / Citizenship and Immigration Services (USCIS), General, Green Cards, Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|Tags: basis to deport, guidance of government, Moter-Voter, naturalization, prosecutorial discretion, voter registration|

Published: February 21, 2012 For the past 5 years, I have seen more than a few variations on the theme of the “accidental” voter or voter registrant. In all but the exceptional case, the non-U.S. citizen was lured into registering to vote, or voting, because of “Motor-Voter”, the federal law that directs states, like Illinois, to incorporate a voter registration option when accepting applications for driver’s licenses and State I.D.’s. Invariably, the accidental voter or registrant is led into the voter registration process by the blind robotics of the motor voter protocol as carried out at state motor vehicle facilities, even […]

12 01, 2012

Another New Immigration Proposal That Has Everyone Excited: I-601 Waiver Processing

By Richard Hanus|2012-01-12T11:55:32-06:00January 12th, 2012|Categories: DHS / Citizenship and Immigration Services (USCIS), Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|Tags: adjust status, bar, green card, proposal stage, provision, reentry, waiver|

Published: January 12, 2012 It never fails. Whenever a new immigration provision is presented to Congress for consideration, or is proposed by the President or some other official in the Executive Branch, the media takes the ball and runs with it. It’s either presented as something it is not, or simply misunderstood to be something it’s not. Either way, the US audience, ranging from the general American John Q. Public demographic to the vulnerable 12 million undocumented demographic, gets excited, in different ways, and for different reasons. Notably, this provision will impact only limited number of prospective applicants, applicants who are […]

4 01, 2012

My Take on Republican Takes on Immigration

By Richard Hanus|2012-01-04T09:44:28-06:00January 4th, 2012|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Green Cards, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: amnesty, DREAM Act, reform, Undocumented|

Published: January 4, 2012 President Obama has always made it known that he favors the enactment of some form of comprehensive immigration reform to allow for a “path to citizenship” for at least some of the approximately 12 million living in the U.S. without legal immigration status. During his term, it’s been a Republican Congress that’s been the main obstacle to getting any type of immigration reform initiative passed, whether it be the DREAM Act, or more comprehensive reform proposals. If you are wondering how the Republican candidates for President would approach the issue – below are direct quotes attributed to […]

28 11, 2011

Newt’s Nerve

By Richard Hanus|2011-11-28T15:53:36-06:00November 28th, 2011|Categories: Amnesty for Immigrants in the U.S., Citizenship / Naturalization and the N-400 Application, Customs and Border Patrol / Travel to and from the U.S., Lawful Permanent Residence in the U.S., U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|Tags: amnesty, humane immigration policy, immigration, presidential debates, securing the border|

Published: November 28, 2011 Watching presidential debates is not one of my favorite things to do, mainly because I have a hard time believing a single word coming out of any of the participants’ mouths. The posturing is so obvious, with each candidate trying their hardest to get their sound bites in, and say the things their “people” tell them they need to say. So it was by accident – while looking for enjoyable garbage to watch on the Dumb Box (my mother’s affectionate term for the television), that I happened upon the debate involving Republican candidates for President last week. […]

9 11, 2011

Undocumented and Scammed

By Richard Hanus|2011-11-09T15:18:57-06:00November 9th, 2011|Categories: Asylum in the United States, Employment-Based Immigration Law, Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, 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.|Tags: Consultation, Entered Without Inspection, Immigration Nationality Act, Relief in Removal Proceedings, Scam, Undocumented, Visa Overstay|

Published: November 9, 2011 This column is as much a warning to prospective victims as it is a source of basic immigration law information – especially for the 12- 15 million individuals living in the U.S. without immigration status. Why a warning? Because no matter the intelligence level of the prospective victim, the combination of his vulnerable state and the scammer’s profit motive, leads to the formation of the perfect storm in which the undocumented individual gets swindled. The swindlers are neighborhood “notaries” or consultants, as well as even a few established attorneys. Compared to the honest attorney who will conduct […]

22 08, 2011

Mercy for Non-Criminals Facing Deportation

By Richard Hanus|2011-08-22T16:00:18-05:00August 22nd, 2011|Categories: Amnesty for Immigrants in the U.S., Employment Authorization / Work Cards in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|Tags: deportation, non-criminal pending removal cases|

Published: August 22, 2011 It made a splash, a big splash, even a misunderstood splash (as is common with splashes in immigration law). Last week, the Obama Administration delivered the news that it would be re-prioritizing its immigration enforcement efforts, starting with a review of 300,000 removal (deportation) cases pending on the immigration court docket and consideration of “administrative closure” for the cases of non-criminals. Administrative closure effectively, and indefinitely, puts a halt to the deportation process. Furthermore, an individual benefiting from administrative closure mercy will be eligible to obtain an Employment Authorization Document. This announcement offers hope to many in […]

3 08, 2011

A Tale of Two States

By Richard Hanus|2011-08-03T08:36:48-05:00August 3rd, 2011|Categories: U.S. Immigration Law and Legislation|

Published: August 3, 2011 Despite all the political drama playing out in Washington these days over our nation’s budget, it seems not a day goes by without some mention of immigration in the news, particularly when it comes to a state or local government trying have a say one way or another. Regardless of the enactment of this or that state or local measure, it is self-evident that the inevitable conclusion to our nation’s immigration conversation is about choosing one of 2 options – or a version thereof. It is a choice between 1) robust, consistent and universal enforcement of our […]

11 05, 2011

The Winds of Immigration Reform Continue to Blow

By Richard Hanus|2011-05-11T11:31:05-05:00May 11th, 2011|Categories: U.S. Immigration Law and Legislation|

Published: May 11, 2011 With decisive action leading to Bin Laden’s capture and killing and an approval rating at 60%, President Obama is walking with a swagger. And with that swagger and momentum, there is no better time to start conquering some of the obstacles that may present themselves come November, 2012. One of those obstacles might be the vote of Americans of Hispanic roots, a constituency that has grown impatient with the Obama administration’s failure to get comprehensive immigration reform enacted. Mind you, the failure to pass legislation is assuredly not Obama’s fault – given today’s volatile and divisive political […]

11 05, 2011

Ten Years Later: Senator Durbin Introduces the DREAM Act…..Again

By Richard Hanus|2011-05-11T08:28:52-05:00May 11th, 2011|Categories: U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published: May 11, 2011 After passing the House of Representatives last November, the most recent version of the DREAM Act failed because supporters were unable to gather enough Senate votes to overcome procedural hurdles. On May 11, 2011 Senator Dick Durbin of Illinois reintroduced a new version of the legislative proposal with the hope that the decade long struggle to turn this proposal into law finally succeeds (with a version of the bill first presented for congressional consideration back in 2001). A review: The DREAM in the DREAM Act stands for Development, Relief, and Education for Alien Minors. The essence of […]

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