Home Page

Immigration Daily


Processing times

Immigration forms

Discussion board



Twitter feed

Immigrant Nation


CLE Workshops

Immigration books

Advertise on ILW

VIP Network




Connect to us

Make us Homepage



The leading
immigration law
publisher - over
50000 pages of
free information!
© 1995-
Immigration LLC.

  • Articles RSS Feed

    Published on 08-15-2018 12:57 PM

    Flawed Statistics Undermine USCIS/ICE/SEVP’s Restriction of D/S for Unlawful Presence


    On August 9, 2018 USCIS published a “Policy Memorandum” restricting the 20-year-old calculation of Duration of Status (D/S) for F-1, J-1 and M-1 entrants (and their derivative families). https://www.uscis.gov/sites/default/...immigrants.pdf

    USCIS also published an announcement (hereinafter “announcement”) “USCIS Issues Revised Guidance on Unlawful Presence for Students and Exchange Visitors

    Published on 08-14-2018 12:50 PM

    Update On Express Entry Immigration To Canada


    On January 1, 2015 the Federal Conservatives introduced significant changes to Canada’s economic immigration program. Formerly called the Skilled Worker program the new program was re-branded as Express Entry which included Skilled Workers, the Federal Skilled Trades program, and the In-Canada Experience Program. Canada modelled its revamped economic immigration program on New Zealand’s.

    There is also an Atlantic Immigration program. In addition there is a separate Live-In Caregiver program where individuals can apply for Permanent Residence after two years employment in this category.


    The initial object of the changes was to create a list of Applicants where the Federal Government could select the best and the brightest from the list of Applicants. The Express Entry was supposed have applicants who had an approved Labour Market Impact Assessment (LMIA) and a valid job offer from an approved Canadian Employer. Under the Comprehensive Ranking System (CRS) candidates were award 600 points for having an approved job offer. ...

    Published on 08-14-2018 10:51 AM

    USCIS Finalizes Unlawful Presence Policy Putting F, J and M Nonimmigrants In Great Jeopardy


    The USCIS finalized its unlawful presence policy for F, J and M nonimmigrants on August 9, 2018. The final policy makes no significant changes from the draft policy of May 10, 2018. My earlier blog noted the flaws in the draft policy, which persist in the final policy. The final policy incorrectly breaks down the distinction between violating status and being unlawfully present in the US. As of August 9, 2018, F, J and M nonimmigrants who have failed to maintain nonimmigrant status will start accruing unlawful presence.

    Individuals who have accrued more than 180 days of unlawful presence during a single stay, and then depart, may be subject to 3-year or 10-year bars to admission, depending on how much unlawful presence they accrued before they departed the United States. See INA § 212(a)(9)(B)(i)(I) & (II) . Individuals who have accrued a total period of more than one year of unlawful presence, whether in a single stay or during multiple stays in the United States, and who then reenter or attempt to reenter the United States without being admitted or paroled, are permanently inadmissible. ...

    Published on 08-13-2018 02:21 PM

    PERM Book Practice Tip - Maintenance of Status in PERM Cases


    Before beginning a PERM case, an employer must always check the immigration history of the foreign national to confirm that he or she is eligible to receive permanent ...

    Published on 08-13-2018 11:22 AM

    When’s the best time to file the I-129F petition?


    Believe or not, there are differences between how many I-129F petitions are filed throughout the year. The USCIS actually receives more Fiance(e) K1 visa petitions in the summer than the winter months. In fact, more than 10% higher on average.

    There are also variations of the amount of petitions approved during the year. Normally, the USCIS approves more petitions in the winter than summer months.Notice this means more approvals happen, not necessarily that it’s easier to get approved.

    Here’s a look at what this means for those engaged couples looking to get their petitions over with fast.

    The USCIS gives data about petitions

    The USCIS publishes statistics on immigration petitions and approval .

    uscis statistics 3

    Statistics are listed for petitions and approvals of all types of visas. The K-1 fiance(e) I-129F is included. For every year it shows how many cases are received, approved, denied, pending, etc.

    First off, I was very concerned to see that only 80% of I-129F petitions received are approved in 2018. Read about

    Published on 08-10-2018 01:47 PM

    California Can Revive the Immigrant Worker Protection Act by Challenging the Authority of U.S. Citizenship and Immigration Services’ “FDNS” Enforcement Officers


    The State of California won and lost bigly last July 4th. But what if the state’s biggest loss could be salvaged because the primary federal immigration enforcement agency performing worksite visits – the Fraud Detection and National Security Directorate (FDNS) in U.S. Citizenship and Immigration Services (USCIS) – has never been lawfully authorized to conduct such investigations?

    Three Clear Victories for California

    In the wins column, as I recently reported , Federal Judge John A. Mendez in U.S. v. California refused to enjoin two California laws and part of another — all enacted by the state to inhibit cooperation with U.S. Attorney General Jeff Sessions and the Justice Department in their mission to apprehend and deport thousands of undocumented California residents.

    Still in full force and effect are:

    Senate Bill (SB) 54 , which prohibits California law enforcement authorities from sharing with federal immigration authorities a wide variety of information on all but the most dangerous or felonious noncitizens in state custody (including the detainee’s release date), and

    AB 103 which directs the California Attorney General to review county, local, or private locked detention facilities housing noncitizens who are held within the state for civil violations of federal immigration laws, and report on the conditions of confinement at each facility, the due process and care accorded to detainees, and the circumstances leading to their apprehension and placement in the facility to the California legislature, Governor and the public by March 1, 2019.

    Part of AB 450 , the “Immigrant Worker Protection Act” (IWPA), also escaped the federal court’s preliminary injunction, viz., those involving required employee-notification provisions. IWPA requires employers served with a Notice of Inspection (NOI) of Forms I-9 (Employment Eligibility Verifications):

    (A) to disclose in writing, within 72 hours, to each current employee at the worksite and any labor union representing members there that U.S. Immigration & Customs Enforcement (ICE) will be conducting I-9 inspection, and

    (B) to follow-up any affected employee or authorized union rep – also within 72 hours of receiving any subsequent immigration enforcement agent’s notices – “of the obligations of the employer and the affected employee arising from the results of the inspection of I-9 . . . forms or other employment records”

    A Partial California Loss?

    California appeared, however, to have suffered bigly with the Federal Court’s preliminary injunction barring much of IWPA. The temporarily stricken portions reflect the state’s attempt to make California workplaces mandatory safe zones, free of federal immigration intrusions, except where judicial warrants authorize entry to nonpublic worksite areas, or judicial or administrative subpoenas mandate access to employee records.

    Unless the injunction is lifted, IWPA may no longer operate to bar employers in California from:

    • reverifying the employment eligibility of any current employee (unless required by federal law); and
    • voluntarily (a) granting immigration enforcement agents entry to any non-public areas of a worksite (unless the agents present a judicial warrant), or (b) allowing the agents to access, review, or obtain any employee records (unless the agents present an NOI, an administrative or judicial subpoena, or a judicial warrant requiring compliance)(the no-voluntary-access provisions).

    Practical Effects on Employers in California. In real-world practice, however, IWPA’s enjoined sections have had little impact on federal immigration enforcement activities – except for one immigration enforcement agency, FDNS, whose unlawful provenance and frequent misbehavior have been little reported.

    IWPA’s Reverification Ban. The ban on employer reverification of a current employee’s right to work in the U.S. could never have operated as the state intended because the exception (unless required by federal law) always

    Federal Law Requires Reverification. The only practical and ...

    Published on 08-09-2018 10:40 AM

    Facing the Fear of Deportation


    Published on 08-09-2018 10:25 AM

    7 New Things to Know about EB-5 Visa Waiting Lines (Chinese, Vietnamese and Korean Translation)


    On April 23, 2018, Mr. Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting, Department of State (“DOS”) spoke at an EB-5 Industry Conference regarding visa waiting lines for EB-5 investors. He indicated that applicants chargeable to mainland China and Vietnam now face visa backlogs for the foreseeable future, and that visa backlogs for nationals of India, Brazil, South Korea, and Taiwan are expected by the summer of 2019.

    Mr. Oppenheim’s estimates, as he always carefully indicates, are based on the “best available information.” He also bases his estimates on “known facts” and not what could happen in the future. When predicting beyond what is clearly visible, Mr. Oppenheim cannot and does not speculate based on legislative, administrative, or other factors and variables which often impact the waiting lines. For this reason, Mr. Oppenheim ...

    Published on 08-08-2018 10:09 AM

    New Study Finds Taking In Refugees Strengthens U.s. At Home And Abroad


    In June, about 3,000 children and family members joined a class action lawsuit against the Trump administration over the “ highly erratic and unexplained termination ” of a special program that offered them conditional status in the United States. The plaintiffs all received conditional approval for the now-defunct Central American Minors (CAM) program, which offered a lifeline to certain Central American minors with lawfully-present parents in the United States. The program was launched in 2014 as a way to stem the rising flow of unaccompanied children at the Southwestern border who were seeking asylum.

    As solutions to the issue of Central American migration and asylum continue to vex onlookers, thoughtful lawmakers ought to re-examine the CAM program as a narrow ...

    Published on 08-08-2018 09:56 AM

    Brown Around Town: Moving the Goal Posts


    Published on 08-07-2018 11:22 AM

    Greentarget Survey: Content Curation is the Key to Law Firm Marketing


    Despite the media facing both financial and political headwinds, most C-suite executives find traditional media more valuable than social media, according to a study from agency Greentarget released this week.

    "I think curation is key," John Corey, founding partner of Greentarget said. "[They are saying] ‘I'm trusting ...

    Published on 08-06-2018 03:16 PM

    Introduction to EB-5 for Indian Nationals: Steps of the EB-5 Process


    As detailed in our podcasts as well as articles and blogs written by Karuna Chandani-Simbeck and Ron Klasko , with a 10+ year visa backlog for China EB-5 and the resulting slow-down of EB-5 investors from China, Regional Centers and Developers have considered India the new EB-5 frontier over the past few years. Although this was initially met with lukewarm interest and heavy skepticism by the Indian community, recent changes ...

    Page 1 of 294 1231151101 ... LastLast
Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: