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Immigration law news on visas, greencard and citizenship. Find how to get US visas, green cards and citizenship. Immigration CLE Seminars for Lawyers. Immigration Law Books for Attorneys.

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  • Article: Evaluating EB-1C Multinational Manager as an Alternative to EB-5 By Michele G. Madera

    Evaluating EB-1C Multinational Manager as an Alternative to EB-5 by Michele G. Madera The EB-1C Multinational Manager category is the permanent residence process for intracompany transferees, meaning the person must have spent at least one of the last three years in an executive or managerial capacity for an overseas employer and is being transferred to the U.S. to work as an executive or manager for a parent, affiliate, subsidiary, or branch office of the employer. While this may seem fairly straightforward, these cases can be difficult. The beneficiary must be employed as a manager or executive for the entity abroad and for the U.S. company, as opposed to an owner or investor. S/he must take an active role within the company and must be able to demonstrate the oversight of personnel or a key function within the company or be an executive and be able to demonstrate this for the employment abroad and the employment in the United States. This requires detailed information about the job duties performed by the foreign national overseas and the proposed role in the United States, including how s/he functions at a senior level within the company. If a manager of people, this would require the supervision of professional-level employees; or, ideally, management of other managers or supervisors with their own subordinate, professional-level staff. The best route is t...
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  • Article: Mass Overseas Refugee Fraud: The Long-Term and Catalyzing Effect on the U.S. Immigration System By Charles Thaddeus Fillinger

    Mass Overseas Refugee Fraud: The Long-Term and Catalyzing Effect on the U.S. Immigration System by Charles Thaddeus Fillinger Mass Overseas Refugee Fraud: The Long-Term and Catalyzing Effect on the U.S. Immigration System “Family reunification” is a cornerstone of U.S. immigration policy, but it has a dark and disturbing side. In the refugee processing context, it takes the form of the Priority Three (P-3) family reunification program. A shockwave was sent through the overseas P-3 program in 2008 when “pilot” DNA tests revealed massive fraud. Near total fraud levels were confirmed, making it the greatest refugee fraud crisis in immigration history. The program was understandably suspended. It did not restart until four years later, in 2012, with a permanent DNA screening requirement. Turning off the overseas fraud faucet did not address the domestic fraud barrel. Left unresolved was the issue of thousands of fraudulent refugees who surged into the United States for twenty years while the failed overseas P-3 program was active. The top nationality processed in East Africa were Somali nationals. Many Somali refugees now live in Maine. Most would assume that the federal agency administering the domestic system — U.S. Citizenship and Immigration Services (USCIS) — would not allow the failures of the overseas program to be replicated domestically. Regrettably, USCIS allowed mass fraud to march through the domestic P-3 system unimpeded by DNA screening requirements, without in-person interviews for many benefits, and without administrative fraud checks for older cases. The result: yesterday’s fraudulent refugees became today’s green card holders and U.S. citizens in disquietingly large numbers. Fraudsters almost always hit ja...
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  • Article: The Strategic Case for Refugee Resettlement By Professor Idean Salehyan

    Article: The Strategic Case for Refugee Resettlement By Professor Idean Salehyan


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  • Article: October 2018 VISA Bulletin: India EB-3 Surges Ahead of EB-2 By Rabindra Singh

    October 2018 VISA Bulletin: India EB-3 Surges Ahead of EB-2 by Rabindra Singh On September 10, 2018, the Department of State released the first Visa Bulletin for the FY2019. Fast forward on September 14, 2018, U.S. Citizenship and Immigration Services (USCIS) announced that it will utilize the “Filing Date” Chart in the Visa Bulletin for accepting employment-based preference Adjustment of Status applications for the month of October. This is positive news for everyone, but not so for Indian Citizens who are in the EB-2 preference category. Filing Date Chart shows that EB-3 India priority date will surge ahead of EB-2 preference category. Per the Filing Date Chart, India EB-3 stands at October 1, 2009, while India EB-2 trails at May 22, 2009. Thus, India EB-3 priority date will surge ahead of EB-2 by more than 4 months. India is following the example of its neighbor, China. For a long-time, and still is the case, China EB-3 priority date remained ahead of EB-2 preference category in the employment-based category. Though the "Final Action Date" Chart shows that India EB-2 is ahead of EB-3, the difference is minimal and if the trend continues like this then EB-2 India will soon start trailing on the Final Action Date Chart too. The million dollar question to ask is: Is this the time for Indian Citizens to downgradefrom EB-2 to EB-3 to make use of the fast moving priority date in EB-3 category so that years of checking visa bulletin could be avoided in the near future by obtaining lawful permanent residency in the United States? Wait t...
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  • Article: This Is What They Love To Hear – Stories Of Immigration Misery By Alan Lee

    This Is What They Love To Hear – Stories Of Immigration Misery by Alan Lee, Esq. Where did the America go of honor, charity to strangers, and love of country? It's missing. Terrible things are happening on the immigration front. Countless lives are being upended by the present Administration’s policies running roughshod over the entire terrain of immigration, regardless of whether people are legal or illegal. The abuses run from forced separation of children from their parents, deporting people to certain death who fail credibility interviews which now have incredibly heightened standards, allowing people on the southern border to bake in the sun for days on end to make a claim for asylum, changing asylum standards to exclude those basing claims on gang and domestic violence, dragging out the immigration process to resemble the old slow ways and days of the 1980s and 1990s, putting a target on H-1B specialty occupation petitions by sending out astonishing numbers of requests for evidence and denials, denying record numbers of L-1 intra-company transferee petitions, and changing rules by fiat making it more difficult for all legal non-immigrants to change status to student, punishing F, M, and J students who may have fallen out of status in the past even due to the fault of the school, discouraging all who think to apply for adjustment of status to permanent residence if they have no backup legal status as a denial will result in a Notice to Appear (NTA) in the immigration court as to why they should not be removed (presently on hold as U.S.C.I.S. figures ou...
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  • Article: Remove references to John Boalt -- Advocate of Chinese Exclusion -- from UC Berkeley Law, school committee says By Kevin Johnson

    Remove references to John Boalt -- Advocate of Chinese Exclusion -- from UC Berkeley Law, school committee says by Kevin Johnson Photo of John Henry Boalt from Berkeley Law website Stephanie Francis Ward in the ABA Journal reports on a fascinating story about one of the nation's leading law schools and its efforts to address the racially discriminatory views of one of its early benefactors. For generations, UC Berkeley School of Law has been known as "Boalt Hall," named after John Henry Boalt . The School explains the basic genesis of the school name here . In an Immigration Article of the Day on this blog , Charles Reichmann offered "[a] close look at John Boalt’s legacy . . . calls out for a reexamination of the law school’s continued association with Boalt, given the contrast between UC Berkeley ’s stated values and Boalt’s influential views that the Chinese were an unassimilable race that ought to be excluded from the United States." In light of racist views held by 19th-century mining industry baron John Henry Boalt, a University of California Berkeley law school committee (the committee included, among others, immigration law professor Leti Volpp ) has suggested removing his last name from a campus building, as well as in internal communications and casual namings. A Nevada attorney who came to California in the 1880s, Boalt wrote a piece the previous decade titled “The Chinese Question,” which argued in favor of preventing immigration from China because “Caucasian and Mongolian races are non-assimilating races,” and the Chinese were seen as inferior to white Americans. In his writing, Boalt also expressed negative views about Blacks and Native Americans. After John Boalt died, his widow, Elizabeth Boalt, donated two parcels of San Francisco land to the law school in 1906, with instructions that the property be sold and the proceeds go toward a new building for the law school. A week later, the San Francisco earthquake occurred, and the school could only sell one parcel of land. The committee report concludes as follows: "Elizabeth Boalt did make contributions in John Boalt’s memory that assisted the law school as well as the entire University of California to move forward in its early years. There is, however, no evidence that John Boalt himself, either as lawyer or as a California opinion-maker of his time, would remotely have supported the inclusive law school and the UC Berkeley campus that we are so proud of today. His principle public legacy is, rather, one of racism and bigotry. We are now aware of this history and we acknowledge this history. It is for this simple reason that we cannot endorse having University of California’s flagship law school tagged so unthinkingly, as it has been for more than a century, with John Boalt’s name." KJ This post originally appeared on Law Professor Blogs © 2014-2017 by Law Professor Blogs, LLC. All rights reserved. About The Author Kevin Johnson is Dean, Mabie-Apallas Professor of Public Interest Law, and Professor of Chicana/o Studies. He joined the UC Davis law faculty in 1989 and was named Associate Dean for Academic Affairs in 1998. Johnson became Dean in 2008. He has taught a wide array of classes, including immigration law, civil procedure, complex litigation, Latinos and Latinas and the law, and Cri...
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  • Article: 5 Things to Know About First Visa Bulletin of FY 2019 By Bernard Wolfsdorf, Joseph Barnett, and Robert Blanco

    5 Things to Know About First Visa Bulletin of FY 2019 by Bernard Wolfsdorf, Joseph Barnett, and Robert Blanco The U.S. Department of State (“DOS”) released the October 2018 Visa Bulletin yesterday, summarizing the availability of immigrant visas for the first time in Fiscal Year 2019, which begins on October 1, 2018. Here are five things to know about the new visa bulletin: 1. Worldwide EB-1 Backlog Demand for employment-based, first-preference (“EB-1”) remains high, and a Final Action Date (“FAD”) of April 1, 2017 has been imposed for all countries. For EB-1 nationals chargeable to China-mainland and India, the FAD moved 4.5 years from January 1, 2012 to June 1, 2016. The September 2018 Visa Bulletin indicated there would be “limited, if any forward movement” for this visa category prior to December 2018. 2. India and China EB-2/3 Some relatively good news here, as the FAD for India EB-2 moved January 1, 2007 to March 26, 2009, and the FAD for India EB-3 moved from January 1, 2003 to January 1, 2009. However, the FAD for India EB-2 in the October 2017 Visa Bulletin was only September 15, 2008, which appears to indicate movement of only 6 months each year. On the other hand, the FAD for India EB-3 in the October 2017 Visa Bulletin was October 15, 2006, suggesting a faster movement. The FAD for China EB-2 moved from January 1, 2013 to April 1, 2015. 3. China and Vietnam EB-5 This category remains backlogged for China, with movement of only one week to August 15, 2014, which is consistent with past practice. Unfortunately, the China-mainland EB-5 date in Chart B – Date for Filing Applications is only October 1, 2014, suggesting only 1.5-2 months of movement in FY 2019. Nationals chargeable to Vietnam are subject to an FAD of January 1, 2016, a big jump from August 8, 2014 last month. Starting October 1, 2018, only those Vietnamese nationals with approved Form I-526s filed before January 1, 2016 will be able to move to the next stage of the EB-5 process. We expect India to join China and Vietnam as the third backlogged EB-5 country next year but are hopeful that the India FAD will progress similar to Vietnam. 4. EB-5 Regional Center Program Like previous visa bulletins during which the Regional Center program could sunset, the October 2018 Visa Bulletin states: Section 204 of the Consolidated Appropriations Act, 2018 (Public Law 115-141) extended this immigrant...
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  • Article: In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence By Aaron Reichlin-Melnick

    In a Speech to New Immigration Judges, Attorney General Sessions Attacks Immigration Lawyers and Judicial Independence by Aaron Reichlin-Melnick Rather than encourage the new class of 44 immigration judges to be fair and impartial adjudicators in his Monday morning speech, Attorney General Jeff Sessions advocated for a deeply flawed immigration court system and directed judges to carry out the Trump administration’s punitive, anti-immigration agenda. While many would have taken the opportunity to reinforce principles of due process and fairness to new judges, Sessions instead emphasized that judges must follow his commands and encouraged judges to ignore “sympathy” when applying the law to noncitizens in their courtrooms. He also renewed his criticisms of immigration lawyers and the noncitizens who access immigration courts each day in order to apply for immigration relief. Throughout his speech, Sessions framed the role of immigration judges as enforcers of the law, not as neutral adjudicators in an adversarial system. He declared that the work of the new judges would “send a clear message to the world that the lawless practices of the past are over” and railed against “the problem of illegal immigration.” Rather than be a place where individuals ask for immigration relief and impartial judges weigh the merits of each case, Sessions seemed to argue for the courts to be turned into a deportation mill. Judges would then spearhead the fight against illegal immigration. Despite the Attorney General’s authority to establish performance standards and create new precedent for judges to follow, the Immigration and Nationality Act (INA) allows judges to independently make decisions on individual immigrants’ cases. Ashley Tabaddor, the president of the union representing immigration judges, reacted to Sessions’ remarks , calling them “troubling and...
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  • Article: The “Red Combo Card” Option for EB-5 Indian Nationals – Will It Work? By Bernard Wolfsdorf and Joseph Barnett

    The “Red Combo Card” Option for EB-5 Indian Nationals – Will It Work? by Bernard Wolfsdorf and Joseph Barnett The threat of long visa waiting lines for Indian nationals has prompted many to look more closely at the EB-5 Program for lawful permanent residence through a qualifying EB-5 investment. In particular, some applicants chargeable to India are seeking to obtain Form I-526 approval before the U.S. Department of State (“DOS”) imposes a Final Action Date (i.e. a Visa Bulletin cutoff date), which DOS has informally projected will occur by the Summer of 2019 but probably will occur sooner, potentially in April or May 2019 due to the likely self-fulfilling forecast . Once established, only those Indian nationals with approved Form I-526s with priority dates before the imposed Final Action Date will be able to move forward to the next stage of the EB-5 process. Yet, for those lawfully in the U.S. who obtain Form I-526 approval before a Final Action Date is imposed, there is a “red card” solution (also known as a “combo card”) that allows such immigrant investors the right to work and travel when approved about 4-6 months after the filing of a Form I-485. This has become a popular option in the past couple years, as shown with the increased number of pending EB-5 Form I-485s . This data is consistent with the information that Mr. Charles Oppenheim, Chief, Immigrant Visa Control and Reporting at DOS, shared in April 2018 at the IIUSA EB-5 Advocacy Conference in Washington D.C., which indicates a rising percentage of EB-5 number use by those in the U.S. When EB-5 visa backlogs first started in 2015, Wolfsdorf Rosenthal LLP was able to file adjustments with USCIS allowing the use of Chart B, Date for Filing, to file Form I-485s. See November 2015 Visa Bulletin showing Chart B Date For filing of May 1, 2015, whereas the Final Action date was November 22, 2013 Unfortunately, Chart B does not seem to be available for employment or investor based cased anymore. Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website, individuals seeking to file applications for adjustment of status with must use the “Final Action Dates” charts for determining when they can file such applications. Our firm was able to secure “red combo cards” for numerous EB-5 clients in 2015 when USCIS did allow persons with approved EB-5 I-526 petitions to file their I-485 adjustments and many of their respective Form I-485s still remain pending with USCIS. Additionally, the combo card can be renewed for as long as the adjustment remains pending. So, if an Indian national can obtain I-526 approval through expedited processing prior to a ...
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  • Article: Federal Judge Allows DACA Renewals to Continue for Now By Joshua Breisblatt

    Federal Judge Allows DACA Renewals to Continue for Now by Joshua Breisblatt This week will mark the one-year anniversary of President Trump’s announcement ending the Deferred Action for Childhood Arrivals (DACA) initiative. Yet, defenders and recipients of DACA are celebrating a decision that came late last week, in which several states attempting to end the initiative were hit with a major setback. On Friday, U.S. Judge Andrew Hanen of the Southern District of Texas ruled that individuals with DACA can continue to renew their status. The ruling came as a surprise given Hanen’s previous 2014 ruling that halted other Obama-era executive actions on immigration. President Trump announced that his administration would phase out and permanently end DACA in September 2017 and no renewals would be accepted after March 5, 2018. As a result, multiple lawsuits were filed seeking to stop DACA’s termination. Those lawsuits were initially successful, with three different federal judges ordering the Trump administration to continue to accept DACA renewal applications. But while these cases were ongoing, Texas and nine other states filed a lawsuit before Hanen challenging the constitutionality of DACA itself . This lawsuit attempted to end DACA and sought an injunction ending any further processing of renewals. In last week’s ruling, Hanen rejected Texas and the other states’ request to temporarily halt DACA renewals. In a detailed 117-page opinion , the judge overwhelmingly agreed with the states’ argument that DACA was created unlawfully and should be struck down. He even said the states will likely succeed in the courts over time. However, Hanen said he would not issue an injunction. Hanen reasoned that the states had waited too long to file this challenge. The judge also found that halting renewals would cause immediate harm to DACA recipients. As Hanen explained , “Here the egg has been scrambled. To try to put it back in the shell with only a preliminary injunction record, and perhaps at a great risk to many, does not make sense nor serve the best interests of this country.”...
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