U.S. Immigration Law and Legislation

2 05, 2007

The Immigration Components of the Adam Walsh Act

By |2007-05-02T14:00:36-05:00May 2nd, 2007|Categories: Family-Based Immigration Law, Immigrant Visas for Spouse / Fiancee / Child Visas, U.S. Immigration Law and Legislation|

The Immigration Components of the Adam Walsh Act May 2, 2007 In recent years, outrage over crimes against children has led many states to enforce a variety of laws aimed at protecting children from child predators. One such law, the Adam Walsh Child Protection and Safety Act (“Adam Walsh Act”) was signed into effect in the past year and several of its immigration provisions have been implemented in the field in recent months. The law is aimed to provide further protection to children from sexual exploitation, violent crimes, child abuse, child pornography and to further promote internet safety. The law not […]

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 […]

25 01, 2007

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation

By |2007-01-25T14:00:36-06:00January 25th, 2007|Categories: DHS / Immigration and Customs Enforcement (ICE), Lawful Permanent Residence in the U.S., Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

U.S. Supreme Court Expands Rights of Permanent Residents Fighting Deportation January 25, 2007 While it may seem contradictory that the U.S. Supreme Court would rule that a felony under state law is not a felony under federal law, that is exactly what the Court did on December 5, 2006 when it issued its decision in Lopez v. Gonzalez , 549 U.S. __, 2006 (Dec. 5, 2006). Jose Antonio Lopez has been a lawful permanent resident in the U.S. since 1990. In 1997 while living in South Dakota he was arrested, charged with, and plead guilty to, aiding and abetting the possession […]

15 09, 2006

Expedited, Premium Processing Further Expanded

By |2006-09-15T14:00:36-05:00September 15th, 2006|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Expedited, Premium Processing Further Expanded September 15, 2006 In the past few months, the U.S. Citizenship and Immigration Service (CIS) has extended “premium,” expedited processing to a variety of new immigration filings, including the I-140, Immigrant Worker Petition for 2 categories of “EB-3” workers, skilled workers and professionals. Employers seeking to facilitate permanent residence/immigrant visa processing for its employees in these categories can have an I-140 petition decided within 15 calendar days of receipt by submitting an additional $1,000.00 filing fee (on top of the standard $195.00 fee). Just 10 days ago, this program has been further expanded to include Employment […]

31 08, 2006

Expedited, Premium Processing Finally Available for Immigrant Worker Petitions, including Registered Nurse Filings

By |2006-08-31T14:00:36-05:00August 31st, 2006|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., 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|

Expedited, Premium Processing Finally Available for Immigrant Worker Petitions, including Registered Nurse Filings August 31, 2006 A couple months back, the U.S. Citizenship and Immigration Service (CIS) announced a plan to extend “premium,” expedited processing to a variety of new immigration filings, including the I-140, Immigrant Worker Petition. As of August 28, 2006, the plan has been put into action for 2 categories of I-140 petitions, and employers seeking to facilitate permanent residence/immigrant visa processing for its employees in these categories can have an I-140 petition decided in less than 14 days. The implementation of this new program is especially significant […]

16 08, 2006

Justice Department Initiative to Improve Immigration Courts and BIA

By |2006-08-16T14:00:36-05:00August 16th, 2006|Categories: Asylum in the United States, DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation|

Justice Department Initiative to Improve Immigration Courts and BIA August 16, 2006 After ordering the review of almost 20 immigration courts and conducting extensive field research and interviews, Attorney General Alberto R. Gonzales announced that the Department of Justice will be implementing several new measures aimed at improving the quality and functioning of our nation’s immigration court system (where deportation/removal proceedings are conducted). Upon revealing the new reforms he stated, “I am secure in the knowledge that our immigration judges and Board [of Immigration Appeals] members stand ready to serve their country in discharging their demanding responsibilities to apply the rule […]

22 06, 2006

President Shows An Iron Fist With His Right Hand While His Left Hand Pushes a Relatively Forgiving Legislative Agenda

By |2006-06-22T14:00:36-05:00June 22nd, 2006|Categories: DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

President Shows An Iron Fist With His Right Hand While His Left Hand Pushes a Relatively Forgiving Legislative Agenda June 22, 2006 As he champions a legislative agenda that will allow millions of illegal aliens a path toward legalization, President Bush has, at the same time, gotten tough on immigration violators, particularly employers. Practically speaking, one might be confused by these seemingly contradictory policies. Politically speaking, however, the logic of the President’s actions is quite clear. Reputation and appearance are important in any workplace or community, and the political world of Washington D.C. is no exception. As the President advocates for […]

1 06, 2006

The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members

By |2006-06-01T14:00:36-05:00June 1st, 2006|Categories: Family-Based Immigration Law, Immigration and Criminal Law / Detainees, U.S. Immigration Law and Legislation|

The Criminal Past of U.S. Citizens Filing Petitions for Foreign Family Members June 1, 2006 The U.S. Citizenship and Immigration Service (“CIS”) recently issued a policy memorandum setting forth circumstances under which the criminal history of a U.S. citizen filing a visa petition on behalf of a foreign family member will be disclosed to the foreign family member. Although federal privacy laws generally prohibit the dissemination of the details of an individual’s criminal history to any third parties, exceptions do exist if “compelling circumstances affecting the health and safety of an individual” justify the disclosure of such information. In the context […]

30 03, 2006

The Protests, The Debates

By |2006-03-30T14:00:36-06:00March 30th, 2006|Categories: Amnesty for Immigrants in the U.S., DHS / Citizenship and Immigration Services (USCIS), DHS / Immigration and Customs Enforcement (ICE), U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

The Protests, The Debates March 30, 2006 Immigration talk is everywhere these days. Local news, national news, Yahoo.com, and perhaps even at dinner tables across America. And what about those big protests in Chicago, Detroit, L.A. and in other cities across the country? What is at stake? What is likely to happen? Truly, I cannot with any certainty answer that last question, although as I have chimed in previously in this column, I believe some sort of forgiving – “amnesty” type – legislation will sooner or later be enacted to absorb this country’s undocumented population (aka “illegal aliens”). Predicting such an […]

1 12, 2005

More Legalization Talk

By |2005-12-01T14:00:36-06:00December 1st, 2005|Categories: Amnesty for Immigrants in the U.S., Customs and Border Patrol / Travel to and from the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

More Legalization Talk December 1, 2005 As demonstrated by a speech delivered this week, President Bush seems intent on passing some sort of immigration reform legislation before leaving office. His agenda incorporates the dual goals of 1) strengthening our borders and bringing back integrity to our immigration laws and 2) allowing willing and able foreign workers to fill jobs U.S. workers do not want. No one on either side of Congress appears to take issue with the first goal, but the shape of any measure to accomplish the second goal is the big, hot, political football. In this post 9/11 age, […]

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