For the past couple of weeks, I, along with my fellow Full Rights for
Immigrants Coalition members, have taken the lead in what has become a
national dialogue about racism and devisiveness in our nation, in the
wake of the... Posted on Monday, February 8, 2010 at 7:53 am

The Minnesota Independent has an article about Rep. Keith Ellison's
(D-Minn) support for "The Uniting American Families Act" and it's
inclusion in comprehensive immigration reform. KJ Posted on Monday, February 8, 2010 at 7:53 am

Adalberto Jose Jordan (1961-) is a U.S. District Judge in in the
Southern District of Florida. Born in Havana, Cuba, Jordan came with
his family to Miami, Florida in 1968. He received a B.A. and J.D. from
the University of... Posted on Monday, February 8, 2010 at 7:53 am

To see about about consequences of the deporting the parents of US
citizen. Remember that there are 5.5 million children with
unauthorized parents, (a little less than the population of the entire
state of Tennessee) almost three-quarters of whom are U.S.-born
citizens. Over several years, Immigration and Customs Enforcement
(ICE) intensified enforcement activities through large-scale worksite
arrests, home arrests, and arrests by local law enforcement. A new
report released today by the Urban Institute, Posted on Saturday, February 6, 2010 at 5:00 am

Many people ask me how immigrants view the Tea Party being held today
in Nashville. So I have decided examine where we see eye to eye on the
issues. At the Tea Party Nation (TPN) website; www.teaparty.com the
TPN are "a group of like-minded people who desire our God given
Individual Freedoms which were written out by the Founding Fathers. We
believe in Limited Government, Free Speech, the 2nd Amendment out
Military, Secure Border and our County!". So let compare and contrast;
Well, Hispanics in the US are a Posted on Saturday, February 6, 2010 at 5:00 am

There is an excellent article in The Huffington Post discussing the
economic need for immigration reform. Prior to the great depression
restrictive laws were passed on immigration in the US and around the
world. Freeing up immigration helped lead to the recovery. Go to;
http://www.huffingtonpost.com/robert-creamer/immigration-reform-is-nec_b_445688.html Posted on Wednesday, February 3, 2010 at 4:18 pm

The National Visa Center (NVC) has released numbers and statistics on
the immigrant visa numbers pending at NVC. The information is as of
November 1, 2009. It is important to note that these numbers reflect
immigrant visas which have chosen "consular processing" and not
adjustment of status (I-485) applications filed from within the U.S.
Also, the numbers reflect all applicants, including derivative
beneficiaries such as spouses and children. Overall Pending Immigrant
Visa Family-based. As of November 1, Posted on Sunday, February 7, 2010 at 6:36 am

We wrote in late October and early November of 2009 about the USCIS
Ombudsman's recommendation that USCIS (1) accept H-1B filings without
a certified LCA but with a proof of filed and pending LCA and (2) to
excuse late H-1B filings where the delay in filing was caused by
pending LCA or employer's Federal Employed Identification Number
("FEIN") verification. In November of 2009, USCIS agreed to
temporarily (for a period of 120 days) create a policy in line with
the USCIS Ombudsman's recommendations. In a Posted on Thursday, February 4, 2010 at 7:08 pm

The American Immigration Lawyers' Association (AILA) has provided some
guidance and information from Customs and Border Protection (CBP) at
the Newark, New Jersey airport. Background Starting in December of
2009, our office has been receiving alerts from current and
prospective clients about a number of incidents where holders of valid
H-1B stamps were questioned and, in some cases, offered the
opportunity to withdraw their request for admission into the U.S. or
be subject to expedited removal proceedings; Posted on Thursday, February 4, 2010 at 7:08 pm

FAQs from HHS-CMS, Feb. 5, 2010. Posted on Sunday, February 7, 2010 at 1:50 am

Julia Bolz, former partner at Ryan, Swanson & Cleveland in Seattle
and AILA Wa. Chapter Chair, is now Executive Director of Ayni
Education International: "By fostering interchanges between the United
States and Afghanistan, Ayni creates quality educational opportunities
in Afghanistan that empower and inspire children and their families to
build peaceful, just and life-affirming communities." Posted on Saturday, December 12, 2009 at 1:00 pm

ILRC, Oct. 21, 2009. Posted on Wednesday, October 21, 2009 at 10:43 pm

Posted on Friday, February 5, 2010 at 7:08 pm

"John Carlos Frey is an award-winning director. His directorial debut,
"The Gatekeeper," was lauded for its realistic depiction of illegal
immigration in the United States by Amnesty International, The Anti
Defamation League, Human Rights Watch, National Immigration Forum,
National Center for Farmworker Health, The League of United Latin
American Citizens, The National Council of La Raza (NCLR), The Joan B.
Kroc Institute of Peace and Justice as well as the Hispanic
Congressional Caucus." Posted on Friday, February 5, 2010 at 7:08 pm

Posted on Friday, February 5, 2010 at 7:08 pm

An alien who is inadmissible under section 212(a)(9)(C)(i) of the >
Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006),
is > ineligible for adjustment of status under section 245(i) of
the Act, 8 U.S.C. > § 1255(i) (2006). Matter of Briones, 24
I&N Dec.355 (BIA 2007), reaffirmed. Posted on Monday, February 8, 2010 at 11:46 am

(1) An alien does not receive an automatic 1-year extension in which
to > file an asylum application following "changed circumstances"
under > section 208(a)(2)(D) of the Immigration and Nationality
Act, 8 U.S.C. § > 1158(a)(2)(D) (2006). > (2) Under 8 C.F.R. §
1208.4(a)(4)(ii) (2010), the particular circumstances > related to
delays in filing an asylum application must be evaluated [...] Posted on Monday, February 8, 2010 at 11:46 am

An alien who is inadmissible under section 212(a)(9)(C)(i) of the >
Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006),
is > ineligible for adjustment of status under section 245(i) of
the Act, 8 U.S.C. > § 1255(i) (2006). Matter of Briones, 24
I&N Dec.355 (BIA 2007), reaffirmed. Posted on Monday, February 8, 2010 at 11:46 am

Foreign physicians who received medical training in J-1 program must
either return to their country or obtain a waiver before they can
apply for an immigration visa, or change to almost any other
nonimmigrant status. A J-1 waiver can be granted when the physician
commits to practice medicine in an underserved area of the United
States for at least three years. An area that is designated as Health
Professional Shortage Area, Medically Underserved Area/Population or a
VA facility normally qualify such Posted on Friday, November 6, 2009 at 2:35 am

The EB-5 Immigrant Investors Program is recently extended to September
30, 2012. The statutory requiments of the EB-5 visa are burdensom.
Approximately only about 1,000 people a year have immigrated in this
category -- just one-tenth of the visa available. For the regular
program, the enterprise must (1) be one in which the person has
invested at least $1 million (or at least $500,000 if investing in a
targeted employment area), (2) benefit the U.S. economy and (3) create
full-time employment for at least Posted on Tuesday, November 3, 2009 at 3:15 am

B-1 visa is for the visitor who has an unabandoned foreign residence,
intends to visit only temporarily and intends to engage only in
permitted business activities. B-1 business visitor may be admitted
for the purpose of enaging in business but not for the purpose of
local employment or labor for hire. in distinguishing, the
determination would be whether the principal place of business and
actual accrual of profits are in the foreign country. Permitted
business activities may include Engaging in commercial Posted on Tuesday, November 3, 2009 at 3:03 am

"Tattooed Immigrant Wins Asylum Review" "Before deporting a convicted
thief, immigration authorities must consider reports that El
Salvadorian police and gangs harass, persecute and kill tattooed
criminal deportees, the 9th Circuit ruled, reviving a heavily inked
man's bid for asylum. Gregory Stuart Aguilar-Ramos faces deportation
based on his two convictions for second-degree robbery and petty theft
with priors. He sought asylum, claiming he feared that El Salvadorian
police and gangs would target him Posted on Monday, February 8, 2010 at 7:49 pm

"Court Rejects Bulk of Immigration Reform Law" By ANNIE YOUDERIAN "The
10th Circuit on Tuesday largely upheld an order barring enforcement of
Oklahoma's controversial immigration reform law, but ruled that a
provision for verifying employees' work eligibility is now
enforceable, as it's not 'expressly pre-empted' by federal law. House
Bill 1804 passed on an 84-14 vote in 2007 and was called 'perhaps the
most meaningful' piece of immigration reform in the nation. Now dubbed
the Oklahoma Taxpayer and Citizen Posted on Saturday, February 6, 2010 at 10:08 am

"'City of the Future' Italian Village Welcomes Refugees with Open
Arms" Juliane von Mittlestaedt "An Italian village is hoping to
reverse its population decline by welcoming refugees from around the
world. The immigrants get free room and board and are expected to work
and learn Italian in return. The project is proving highly successful
-- but the local Mafia aren't happy." "Domenico Lucano, a 51-year-old
man, is the mayor of Riace, Italy. The village -- with its three
churches, two patron saints, sheep Posted on Saturday, February 6, 2010 at 10:08 am

Slain veteran's family leaves U.S. as wife's visa is set to expire
Stars and Stripes from Stripes.com - Hotaru Ferschke said it was her
husband's wish that the child be raised as an American, but the State
Department refuses to recognize the couple's July 2008 marriage
because it was never consummated. Michael Ferschke, 22, a team leader
with the Okinawa-based 3rd Reconnaissance Battalion, 3rd Posted on Friday, February 5, 2010 at 8:03 pm

President Obama Aunt Zeituni Onyango Fights Deportation - ABC News
Risky case to take if you're her lawyer - how are you going to look if
she loses? Kenyan asylum cases are not always easy. I have won a good
number of them but not all of them. I don't remember having any Kenyan
asylum cases before judge Shapiro. He is a fair-minded judge but he's
no pushover. If she doesn't have the case she Posted on Friday, February 5, 2010 at 8:03 pm

Indonesia's Anti-Pornography Law Raises Fears for Minorities, Liberals
| News | English from Voice of America (VOAnews.com) The recent arrest
of six people in Indonesia over a nightclub show is raising concerns
among minority groups and secularists about a new anti-pornography
law. In late 2008, Indonesia's parliament passed a broad law aimed at
stamping out what many politicians saw as an Posted on Friday, February 5, 2010 at 8:03 pm

If you are injured in a New York slip and fall accident or accident
involving dangerous premises, it is vital that you get as much
evidence as possible while in the store to win in Court or obtain a
good settlement. Some examples: 1. Insist on providing a written
report to the manager or supervisor of the store or establishment,
which you review before signing, and get a copy of that report; 2.
When reporting an accident, do not allow the store representative to
put words in your mouth (which they love to Posted on Monday, February 1, 2010 at 1:12 pm

We have several written articles recently about the dangers of
distracted driving, which has led to numerous fatal accidents and
serious car crashes, and has become a huge safety issue with people
continuing to text after they start driving their vehicles. Now the
federal government has decided to get involved. On January 26, 2010,
the U.S. government officially banned truck drivers and bus drivers
from sending text messages while driving, in a move that was widely
supported and promoted by trucking and Posted on Friday, January 29, 2010 at 9:24 am

At The Law Office Of Mark A. Siesel in White Plains, New York, we
represent many clients who are seriously injured as the result of
using a dangerous or defective product or machine. Frequently, by the
time they come to our office, several days or weeks have passed since
the accident occurred, and valuable evidence may no longer be
available or has been discarded by the owner of the product. Thus, if
you have suffered injury due to a dangerous product or device, you
should do the following whenever Posted on Tuesday, January 5, 2010 at 1:04 pm

Here is the story. This is actually a profound finding to my mind.
Before I read this story, I never once put the burn out seen in prison
wardens in league with that witnessed in immigration judges. But, now
that someone puts it out there, I see it. Posted on Wednesday, December 23, 2009 at 7:47 pm

The story is here. Similar stories to how this man died happen
everyday all over the world. Person in detention is sick. Person gets
denied prompt and proper care by those holding him. Person dies. Those
who hold him try to cover it up. We are not all those other places in
the world that deny basic rights to people. No doubt this man deserved
to be removed from the United States for abusing our immigration
system. No doubt he should have been held responsible. One of the
problems in law is that we tend to Posted on Wednesday, December 23, 2009 at 7:47 pm

Here is the story. In essence, ICE wants local and state law
enforcement agencies paticiparting in the 287(g) program to refocus on
more serious crimes rather than relatively minor ones. "Some police
departments check immigration status in a wide variety of crimes.
Friday's directive lays out federal priorities: violent crimes such as
rape or robbery, as well as major drug offenses; followed by property
crimes, such as burglary and fraud." Posted on Wednesday, December 23, 2009 at 7:47 pm

CaribWorldNews , WASHINGTON , DC, Fri. May 7, 2009 : Department of
Homeland Security Secretary, Janet Napolitano, this week reiterated
the need for comprehensive immigration reform that addresses all
aspects of the immigration problem. Napolitano, during her testimony
before the Senate Committee on the Judiciary, `Oversight of the
Department of Homeland Security,` insisted that it is the only
solution to the current problems, `from border security and interior
enforcement to reform of our visa programs and Posted on Monday, May 11, 2009 at 7:47 am

Today in the Senate, Senator Schumer is holding an important hearing:
"Comprehensive Immigration Reform in 2009, Can We Do it and How?" At
NDN , we believe the answer to whether Congress can pass reform this
year is "yes." Below are seven reasons why: For full article visit:
http://www.huffingtonpost.com/simon-rosenberg/making-the-case-why-congr_b_193621.html Posted on Friday, May 8, 2009 at 12:15 pm

President Obama Wednesday backed off a campaign promise to make
immigration reform a priority of his first term, saying work on the
issue has begun but his agenda is already stretched. "We want to move
this process," Obama said in a prime-time news conference at the White
House. "I'm going to be moving it as quickly as I can - I've been
accused of doing too much." On the evening of his 100th day in office,
Obama met the press in the East Room of the White House for his third
formal, nighttime news Posted on Friday, May 1, 2009 at 1:46 pm

Many of our Family Immigration clients in Columbus, Ohio and in
Michigan and elsewhere share their frustration that notwithstanding
near a decade passage of the Child Status Protection ACT (CSPA), USCIS
continues to struggle with its interpretation. I explained in my prior
blog, The Child Status Protection Act (CSPA), enacted on August 6,
2002, contains remedies for foreign nationals claiming a "child"
status who are in jeopardy of losing their immigration benefits due to
aging out. Though the Child Status Posted on Monday, February 8, 2010 at 11:26 pm

We have not noticed a change in H-1B review and approval process since
the publishing of the Neufeld H1B Memo regarding H-1B visa and
employer-employee relationship. We continue to submit our applications
in the same fashion. We have always allocated a portion of our
petitions addressing the employer employee relation form a traditional
common law approach. In a case from Columbus, Ohio we have received a
premium processing approval from the Vermont Processing Center in a
record 24 hours. While the memo Posted on Saturday, February 6, 2010 at 1:42 pm

From Columbus, Ohio and Troy Michigan and beyond, The Child Status
Protection Act (CSPA) gives children of immigrants badly needed
protection form government slow immigration processing. The Child
Status Protection Act (CSPA) was first enacted on August 6, 2002 for
the purpose of allowing certain children of lawful permanent residents
or naturalized U.S. citizens to maintain their "child" status through
21 years of age. Increasingly, processing delays at the United States
Citizenship and Immigration Posted on Saturday, February 6, 2010 at 1:42 pm

The New York Times is reporting that the ICE are about to audit 1,000
companies for illegal workers. "An audit consists of ICE officials
checking each worker's Employee Eligibility Verification Form, known
as an I-9, to determine what steps were taken to confirm the person
was eligible to be hired. If irregularities are found, the companies
may then be fined for lax monitoring. The strategy is part of the
Obama administration's effort to reduce illegal immigration by forcing
companies to fire unauthorized Posted on Monday, December 21, 2009 at 10:49 pm

Immigration and Customs Enforcement (ICE) agency arrests 300 in
California over a three day sweep. According to ICE, the nearly 300
arrested had a serious criminal record or criminally violent
background. One third of those arrested have already been deported and
the remainder are awaiting deportation processing. ICE defends its
position on continued sweeps in the illegal immigrant community in an
ongoing effort to improve public safety. However, skeptics question
the validity that these sweeps are only Posted on Monday, December 21, 2009 at 10:49 pm

The EB 5 investor visa program is an excellent opportunity for foreign
nationals to obtain permanent residency and a US Green Card through a
qualifying financial investment in the United States. In order to be
eligible, foreign individuals are required to invest a minimum of
$500,000 in certain qualified investments or Regional Centers in the
United States. Qualifying Regional Centers are designated by the U.S.
Citizenship and Immigration Services (USCIS) department and are
essentially any economic program, Posted on Monday, December 21, 2009 at 10:49 pm

NATIONAL VISA CENTER ANNUAL REPORT ON IMMIGRANT VISA APPLICANTS -
FAMILY AND EMPLOYMENT-BASED: The NVC issued its annual report (can
only be opened by AILA members) on waiting lists per country based on
the applications it has received on all preferences of the family and
employment-based categories. These figures are as of November 9, 2009.
Some interesting notes on the number of waitlisted applicants: · All
family and employment-based categories: 1) Mexico - 1,178; 2)
Philippines - 482,694; 3) Mainland Posted on Saturday, February 6, 2010 at 1:17 pm

BIA: A new Board of Immigration Appeals (BIA) case came out on January
29, 2010, Matter of T-M-H- & S-W-C, 25 I&N Dec. 193 (BIA
2010), dealing with asylum filing delay issues. An asylum application
must be filed within one year of entry, but there are exceptions to
this rule, one of which is when there are changed circumstances which
led to the applicant's sudden fear of returning to the home country.
So let's say one is here more than a year after the last entry, and
there's something that happened Posted on Thursday, February 4, 2010 at 1:40 am

AAO Processing Times: AAO released processing times as of January 4,
2010. This is were most immigration cases are appealed. Some of the
specific appealed application processing times that may be of interest
are as follows: I-129 H-1B: 13 months I-129 R Religious Worker: 6
months I-140 EB-11 Extraordinary Ability: 6 months I-140 EB2 Advanced
Degree Professional: 24 months I-140 EB2 National Interest Waiver: 6
months I-140 EB3 Skilled or Professional Worker: 23 months I-601
Application for Waiver of Posted on Monday, February 1, 2010 at 12:18 am

Individuals already present in the U.S. under TN visa status may
extend their TN visa status by mail using form I-129. A TN visa
workers spouse and children under 21 accompanying the TN visa worker
may also extend their TD visa status with the joint filing of an I-539
application. One potential problem arises where a TN visa worker's son
or daughter will turn 21 at some point during the proposed extension
of TD visa status. This is more likely to happen now that TN visa
status, and as consequence TD status, Posted on Monday, February 1, 2010 at 5:59 pm

The applicant here had been under TN visa status since 2006. In late
2008, the applicant was laid off. She did not depart the U.S., but
filed an application to change her status to B1/B2 visitor status.
USCIS denied the application because it did not find the applicant's
reasons for remaining in the U.S. as suitable for the B1/B2
classification. The applicant contacted us for assistance. We informed
her that once USCIS denied the B1/B2 application, she may start to
accumulate unlawful presence, which could Posted on Tuesday, January 26, 2010 at 8:35 am

The U.S. Department of State ("DOS") has issued its annual report for
2009 showing the number of non-immigrant visas issued from 2005 -
2009. After gradual increases in 2005 and 2006, TN visas (generally
issued only to citizens of Mexico; Canadians are exempt from the visa
stamp requirement), remained steady at 4,124 in 2009. The DOS has now
issued over 4,000 TN visas in the past 3 years. This steady demand may
be partly attributed to the unavailability of H-1B visas during this
period. Despite the less Posted on Saturday, January 23, 2010 at 8:43 am

The Comprehensive Immigration Reform bill introduced in the House of
Representatives would revamp the existing employment-based (EB)
preference system in a number of important ways: 1) Increase in EB
Numbers - The number of employment-based green cards would increase
from 140,000 to 290,000 per year. 2) Recapture - Currently, 140,000
persons are permitted to immigrate to the U.S. each year under the EB
preference system. If less than 140,000 visa numbers are given out by
the end of the government's fiscal Posted on Monday, February 8, 2010 at 3:43 pm

Our current immigration system which forces parents to be separated
from their children and husbands to be separated from their wives for
years at a time is both cruel to immigrant families and unworthy of
our country's proud tradition as a nation of immigrants. The
immigration reform bill introduced by Representative Luis Gutierrez
(D-IL.) and 90 co-sponsors on December 15 would improve the
backlog-plagued family-based immigration system in a number of ways.
We list some of the most significant changes Posted on Monday, February 8, 2010 at 3:43 pm

On December 15, Representative Gutierrez (D-Ill.) introduced the
Comprehensive Immigration Reform ASAP Act of 2009 (H.R. 4321) in the
House of Representatives. To date, the bill has 92 co-sponsors, all of
them Democrats. We link to the 644-page bill and to summaries of the
bill from our "Immigration Legislation" page at
http://shusterman.com/toc-leg.html#3 The bill provides a generous
legalization program whereby persons who were undocumented in the U.S.
on December 15 would have to demonstrate that they Posted on Monday, February 8, 2010 at 3:43 pm

The Immigration Policy Center has issued a paper on the Repairing the
Broken Employment-Based Immigration System. The paper emphasizes that
if the U.S. is going to compete in an ever-changing global
marketplace, policymakers need to assess our future employment-based
immigration needs. It is critical that they look at both permanent and
temporary work visas and high-skilled and low-skilled workers. They
must also address the narrow worldwide quotas that prevent otherwise
qualified workers from obtaining Posted on Friday, February 5, 2010 at 4:31 pm

The DHS secretary has designated 11 new countries as eligible to
participate in the H-2A and H-2B nonimmigrant visa programs. The new
countries include: Croatia, Ecuador, Ethiopia, Ireland, Lithuania, The
Netherlands, Nicaragua, Norway, Serbia, Slovakia and Uruguay. This
update is published in the Federal Register. Posted on Saturday, January 30, 2010 at 7:40 pm

The U.S. Customs and Border Protection (CBP) reminds U.S.-bound
travelers from visa waiver program (VWP) countries that they must
obtain an approved Electronic System for Travel Authorization (ESTA)
before boarding a plane or ship headed to the U.S. ESTA has been
mandatory since Jan. 12, 2009 and does not affect U.S. citizens
returning from overseas or citizens of VWP countries traveling on a
valid U.S. visa. ESTA applications are submitted online at
http://www.cbp.gov/xp/cgov/travel/id_visa/esta/ and are Posted on Wednesday, January 27, 2010 at 3:29 pm

On our hundred and sixth program, Attorneys David J. Hart and Andrea
Olivos-Kah speak with Attorney Abraham Cardenas who specializes in
removal (i.e., deportation) and waivers. Our guest discusses
requirements for obtaining waivers and also updates on ICE
(Immigration and Customs Enforcement) issues. Posted on Friday, October 26, 2007 at 6:00 am

On our hundred and fifth program, Attorneys David J. Hart and Andrea
Olivos-Kah discuss the special status of Canadian nationals (i.e.,
citizens of Canada). David and Andrea discuss visa exemption status of
Canadian nonimmigrants as well as port of entry processing of
nonimmigrant classifications under NAFTA, and offer some practical
tips. Posted on Friday, October 19, 2007 at 6:00 am

On our hundred and fourth program, Attorneys David J. Hart and Andrea
Olivos-Kah discuss recent ICE (Immigration and Customs Enforcement
Agency) raids, both individual and worksite raids, in the news. They
also provide some advice for employers and for individuals. Posted on Friday, October 5, 2007 at 6:00 am

In October 2009, I wrote a blog talking about the disastrously long
waiting lines for legal immigration to the United States. In Get In
The Line? What Line? The Tragic Tale of Employment Based Immigrant
Visa Delays, I stated that: This delay in legal, employment based
immigration is a crisis for America. If you are an intending
immigrant, and your immigration option is employment based, do you
have the patience the wait 15 years for your green card? Can you do
better in Australia, Canada, or even back home Posted on Friday, February 5, 2010 at 10:44 pm

Perhaps it has been too long since USCIS has truly been held
accountable for its actions that it has become desensitized to the
legal constraints under which it is permitted to operate. The USCIS is
not given carte blanche to make whatever changes or interpretations it
wants to long-standing immigration law, without first complying with
the Administrative Procedure Act ("APA"). Yet, twice in the last two
months the USCIS has issued "memos" that so dramatically change the
framework under which these key Posted on Wednesday, February 3, 2010 at 7:58 am

I've been receiving lots of inquiries about how we can help the
children who were orphaned by last week's earthquake in Haiti. The
answer is- it depends. Just like any foreign adoption, an
inter-country adoption from Haiti is a complicated process requiring
us to prove that the child in question is an orphan and obtain an
adoption decree which complies with the laws of the child's home
country- in this case Haiti. Department of Homeland Security (DHS)
Secretary Janet Napolitano, in coordination with the Posted on Sunday, January 24, 2010 at 7:29 pm

Availability of immigrant numbers during March. Only applicants who
have a priority date earlier than the cut-off date may be allotted a
number. FAMILY-BASED Family Based All chargeability Areas Except Those
Listed CHINA -mainland born INDIA MEXICO PHILIPPINES 1st 22JUL02
22JUL02 108JUL02 08OCT92 15JUL93 2A 01JUN04 01JUN04 01JUN04 15OCT01
01JUL04 2B 22JUN00 22JUN00 08MAY00 01MAY92 01DEC97 3rd 08AUG00 08AUG00
01AUG00 15OCT92 08JUN91 4th 01MAR98 15NOV97 15JAN98 08APR95 15MAY86
EMPLOYMENT-BASED Employment Posted on Monday, February 16, 2009 at 8:23 am

VISA BULLETIN FOR FEBRUARY 2009 Availability of immigrant numbers
during February. Only applicants who have a priority date earlier than
the cut-off date may be allotted a number. FAMILY-BASED Family Based
All chargeability Areas Except Those Listed CHINA -mainland born INDIA
MEXICO PHILIPPINES 1st 08JUL02 08JUL02 108JUL02 08OCT92 15JUL93 2A
01JUN04 01JUN04 01JUN04 22SEP01 01JUN04 2B 08MAY00 08MAY00 08MAY00
01MAY92 15OCT97 3rd 01AUG00 01AUG00 01AUG00 08OCT92 01JUN91 4th
15FEB98 22DEP97 15JAN98 22MAR95 Posted on Thursday, January 15, 2009 at 7:31 am

Availability of immigrant numbers during January. Only applicants who
have a priority date earlier than the cut-off date may be allotted a
number. FAMILY-BASED Family Based All chargeability Areas Except Those
Listed CHINA -mainland born INDIA MEXICO PHILIPPINES 1st 15JUN02
15JUN02 15JUN02 01OCT92 15JUL93 2A 15MAY04 15MAY04 15MAY04 15AUG01
15MAY04 2B 22MAR00 22MAR00 22MAR00 01MAY92 01SEP97 3rd 01AUG00 01AUG00
01AUG00 01OCT92 22MAY91 4th 08FEB98 22AUG97 01NOV97 08MAR95 01MAY86
EMPLOYMENT-BASED Employment Posted on Monday, December 15, 2008 at 2:26 pm

La salida voluntaria es uno de los derechos que tiene el individuo en
proceso de deportación. No es automático, lo tiene que pedir, pero
el mismo le permite salir de los Estados Unidos sin sufrir las
consecuencias legales de una orden de deportación. La persona asume
la responsabilidad económica de salir del país para la fecha pautada
por el gobierno. Al hacer esto, es posible que pueda regresar a los
Estados Unidos con visa en un futuro. No todos son elegibles,
particularmente aquellos envueltos en Posted on Monday, December 21, 2009 at 8:56 pm

El Salvador, Honduras y Nicaragua son los únicos países designados
como beneficiarios de TPS actualmente. El TPS, entre otras, le permite
trabajar legalmente en los Estados Unidos y le protege de ser
deportado(a). Sin embargo, al tener dos delitos menores
("misdemeanors"), usted puede perder el derecho al TPS. Según las
reglas y estatutos, no hay perdón disponible para poder mantener su
estatus. Por lo tanto, si usted tiene TPS y está enfrentando cargos
criminales, infórmele a su abogado(a) criminal acerca Posted on Wednesday, October 7, 2009 at 1:48 pm

Desafortunadamente, los residentes permanentes de los Estados Unidos
no disfrutan de las mismas protecciones o derechos que sus ciudadanos.
Estas son algunas de las razones por las que debe considerar la
ciudadanía: Proteger su estatus en el país - Los residentes
permanentes corren el riesgo de perder la residencia si se ausentan de
los Estados Unidos por largos periodos de tiempo (por ejemplo, más de
6 meses). Para proteger su estatus, debe de pedir permisos (y pagar
por honorarios), mientras que al Posted on Tuesday, July 14, 2009 at 11:09 am

I am pleased to announce that Mr. Stephane Duval, Partner and Chair of
the Immigration Department of RSS, has been named to BEST LAWYERS IN
CANADA. Best Lawyers in Canada, the premier rating organization for
attorneys in Canada, has just announced the names of the Canadian
attorneys who will be listed in the 2010 Edition. Inclusion in Best
Lawyers is based solely on peer review. All lawyers listed in Best
Lawyers are asked "if you are unable to handle a case, to whom would
you refer it?" Once the results Posted on Friday, October 9, 2009 at 1:04 am

Beginning on July 14, 2009, Czech and Mexican nationals require a
passport visa to travel to Canada, Citizenship, Immigration and
Multiculturalism Minister Jason Kenney announced For the first 48
hours, such citizens may apply for entry on arrival in Canada. After
11:59 p.m. EDT July 15, 2009, a visa will be required. In the cases of
both countries, citizens had previously been able to seek admission to
Canada at a port of entry without first obtaining a visa. Continuing
to mount a strong defensive about Posted on Friday, July 17, 2009 at 7:17 am

Citizenship and Immigration Canada recently removed the passport visa
requirement for Czech nationals visiting Canada. This meant that such
individuals became eligible to seek admission at a Canadian port of
entry without first seeking a passport visa at a Canadian visa office.
This expedited the ability of tourists and business persons to travel
to Canada. A recent wave of refugee claimants from the Czech Republic,
number approximately 100 in the past few months, has caused Canada's
Minister of Citizenship Posted on Thursday, July 2, 2009 at 5:48 am

The Department of Homeland Security (DHS) may designate a country for
Temporary Protected Status (TPS) when conditions make it unsafe for
citizens of that country who are in the United States to return. TPS
is usually granted when there is ongoing armed conflict, an
environmental disaster, or other extraordinary and temporary
conditions. Due to the recent 7.0 magnitude earthquake, DHS has
designated Haiti for TPS. Haitian nationals who have continuously
resided in the United States since January 12, 2010, Posted on Friday, January 22, 2010 at 1:55 am

U.S. Citizenship and Immigration Services announced today that as of
October 25, 2009, it had received all of the available 20,000 master's
cap petitions, and approximately 52,800 petitions under the regular
cap. Although a total of 65,000 petitions are allowed each fiscal
year, this figure includes 6,800 petitions that are reserved under
treaties between the United States and Chile and Singapore. Thus, less
than 5,500 regular H-1B petitions are remaining for Fiscal Year 2010.
With more than 6,000 petitions Posted on Tuesday, December 22, 2009 at 5:25 pm

As of December 14, 2009, foreign nationals who apply for immigrant
visas or adjustment of status are no longer required to receive the
Human Papillomavirus (HPV) vaccination. CDC will continue to require
vaccination for mumps, measles, rubella, polio, tetanus and diphtheria
toxoids, pertussis, Haemophilus influenzae type B, and hepatitis B.
Others will be required only if a public health need exists at the
time, and the vaccine is (a) age-appropriate and recommended by the
Advisory Committee on Immunization Posted on Tuesday, December 22, 2009 at 5:25 pm

Temporary residents in Canada - including temporary workers and those
with visitor visas - can now save time by renewing their permits and
visas online with Canada Immigration:Government of Canada makes it
easier for temporary residents to apply for work permits or extend
their visit in CanadaOttawa, December 21, 2009 - Temporary residents
seeking work permits or an extension of their visit in Posted on Friday, January 8, 2010 at 3:40 am

If you wish to immigrate to Canada and apply for permanent residence
and your occupation does not fall within the current restricted list
of qualifying occupations, you'll need work experience in Canada first
before applying for permanent residence.In order to get work
experience, you'll need a work permit. For most people, the big hurdle
to overcome is to get a positive Labour Market Opinion Posted on Friday, November 27, 2009 at 11:00 am

I am often asked whether diabetes makes an applicant medically
inadmissible to Canada. As with many medical issues, the answer is "it
depends."Diabetes is not - generally speaking - a bar to immigration
if there is no nerve end damage and it can be controlled with diet,
medication or insulin.However, an assessment is always based on
personal circumstances and a medical exam. Please get legal Posted on Tuesday, October 6, 2009 at 2:11 pm

Las leyes de inmigración de los Estados Unidos clasifica a las
personas como ciudadanos de los Estados Unidos y extranjeros (algunos
extranjeros son legales y otros son extranjeros ilegales. No hay una
categoría media excepto por un pequeño grupo conocido como
Nacionales de los estados Unidos. Para entender el estado actual de
las leyes de inmigración, es necesario examinar la historia de cómo
estas leyes fueron hechas y las consideraciones políticas que las
originaron. La primera ley que afecto de manera Posted on Monday, October 26, 2009 at 11:44 am

SATURDAY & SUNDAY 8 & 11P ET By 2050, the U.S. Latino
population is expected to nearly triple. CNN's Soledad O'Brien
explores how Latinos are reshaping our communities and culture and
forcing a nation of immigrants to rediscover what it means to be an
American. If you missed it this past week, Latino in America will be
back on CNN and CNN En Espanol. Tell everyone you know. Very well
done. Thumbs up to Soledad O'Brien! Si no pudiste ver "Latino en
America" esta semana pasada, la serie regresa en CNN Posted on Friday, October 23, 2009 at 7:09 am

http://www.msnbc.msn.com/id/32357385/ns/world_news-americas President
Obama says no CIR in 2009. This is bad news for those desperate to
resolve their immigration status. On the bright side, there are high
hopes for Comprehensive Immigration Reform (CIR) in 2010. El
Presidente Obama dice que no habra reforma en 2009. Esto es mala
noticia para los que estan desesperados por resolver su status
migratorio. La buena noticia es que tenemos muchas esperanzas de tener
reforma migratoria en el 2010. Posted on Tuesday, August 11, 2009 at 3:13 am

Due to the difficult economic conditions, the Department of Labor has
hinted that it will implement supervised recruitment on more cases
going forward. This, in essence, rolls back the clock five years on
the progress made in streamlining the Labor Certification process
under PERM. Currently, the PERM labor certification process is an
audit based system. This means that the application under PERM is
filed without supporting documentation and DOL either randomly or
based on trigger system audits the Posted on Monday, June 8, 2009 at 8:23 pm

Said JPMorgan Chase & Co. Chief Executive Officer Jamie Dimon
during a shareholder meeting yesterday, according to an article
published by Bloomburg.com. As the company announced that it intends
to refund several billion dollars of TARP funds it borrowed from the
government, and in answering shareholder's questions Dimon added "We
need different talents and skills." Accepting TARP funds "became a
little more of a painful experience." He cited concerns about other
countries revoking visas of US citizens Posted on Saturday, May 30, 2009 at 11:45 am

As the list of companies receiving TARP funds has exceeded 550
institutions across the country, human resource managers and company
executives have made it unambiguous that they are concerned about H-1B
compliance. Under the Employ American Workers Act, (EAWA) signed into
law this year, TARP fund recipients will be treated as H-1B dependent
employers when they hire foreign nationals on H-1B visa. This law does
not include those employed by the TARP fund recipients on, or before
February 16, 2009. The normal Posted on Friday, May 29, 2009 at 2:11 pm

Planning pointers for employers and employees in advance of April 1,
2010, the first H-1B filing day. Employers use the H-1B visa category
to employ nonimmigrant foreign workers who possess the equivalent of a
U.S. bachelor's degree for professional jobs each year. The first date
that H-1B petitions will be accepted by the USCIS for employer filing
for 2010 employment is April 1st. The competition for the 58,200 H-1B
numbers is keen. In April 2007 and 2008, there were USCIS random
selections first for the Posted on Friday, February 5, 2010 at 5:15 pm

Planning pointers for employers and employees, in advance of the April
1, 2010 H-1B filing date. Employers use the H-1B visa category to
employ nonimmigrant foreign workers who possess the equivalent of a
U.S. bachelor's degree for professional jobs each year. The first date
that H-1B petitions will be accepted by the USCIS for employer filing
for 2010 employment is April 1st. The competition for the 58,200 H-1B
numbers is pronounced in years when employers are hiring. In April
2007 and 2008, there were Posted on Thursday, January 21, 2010 at 1:49 pm

On December 22, 2009, U.S. Citizenship and Immigration Services
(USCIS) announced that it has received a sufficient number of H-1B
petitions to reach the statutory cap for fiscal year (FY) 2010. The
USCIS press release indicated that Dec. 21, 2009 represents the "final
receipt date" for new H-1B specialty occupation petitions requesting
an employment start date in FY 2010. USCIS will reject cap-subject
petitions for new H-1B specialty occupation workers seeking an
employment start date in FY 2010 that Posted on Friday, December 25, 2009 at 5:39 pm

The United States Citizenship and Immigration Services, USCIS has
launched its official blog today. I think this is a great way to
receive information directly from USCIS. Check out the blog here. Posted on Sunday, January 24, 2010 at 12:09 pm

As of December 21, 2009, USCIS has received sufficient petitions to
reach the statutory cap for FY2010. USCIS has also received more than
20,000 H-1B petitions on behalf of persons exempt from the cap under
the advanced degree exemption. USCIS will reject cap-subject petitions
for new H-1B specialty occupation workers seeking an employment start
date in FY2010 that are received after December 21, 2009 USCIS will
apply a computer-generated random selection process to all petitions
that are subject to the cap Posted on Friday, December 25, 2009 at 10:11 pm

Please note that the following article was plagiarised from the
article published in Little India Magazine, "Return to India,"
June 17, 2009 authored by Shiwani Srivastava and Amy Bhatt. You can
find links to this article in both my blog archives and my website. I
was not aware of the plagiarism when I posted this item on my
blog. [...] Posted on Tuesday, November 17, 2009 at 10:15 pm

Today, in an interview with Fox News in Beijing, President Obama
warned that "the US economy could head into a 'double-dip recession'
unless urgent steps were taken to rein back America's mounting level
of public debt," reported the Financial Times. Speculation about a
double dipping, also known as W shape economy, has been on going among
academics ever since the US economy showed signs of recovery. I have
long been argued that there will be a U shape recovery- a sluggish
recovery but not another recession- Posted on Tuesday, December 22, 2009 at 8:43 pm

The European Union last week produced an official notice derived from
its year-long investigation on human right violation in Sri Lanka.
Here are the Commission's final report, and the independent expert's
report. Given the Commission's conclusion that Sri Lankan government
breached its human rights commitments during it 25-year civil war with
the Tamil Tiger, the country is set to loose its trade concessions,
known as GSP Plus, to the European Union, a sanction which will cost
the country more than $100m Posted on Monday, October 26, 2009 at 7:40 pm

It's all over the news, and I should not be caught by surprise. Yet
here I am becoming very disturbed by the loopholes in our financial
institutions, which gave rise to an unprecedented amount of white
collar crime - from Bernard Madoff to Raj Rajaratnam. Wall Street this
week has seen the biggest insider trading charges in its history,
charges alleging the involvement of various ratings firms,
consultancies and half a dozen US public companies including IBM,
Intel and two top hedge fund managers of Galleon Posted on Wednesday, October 21, 2009 at 12:07 pm

A little over two weeks ago Haiti was rocked by an earthquake, which
has since claimed over 150,000 lives, and has left hundreds of
thousands homeless and wounded. This past Monday, top world officials
gathered in Montreal for emergency talks on how to rebuild Haiti in
its time of need. Perhaps the most pressing issue in the Canadian
immigration community right now is the possibility of loosening Posted on Friday, January 29, 2010 at 9:22 pm

I thought I would close out the year 2009 with a little "feel good"
story involving Canadian immigration.This is about the Viviers family,
who hail from sun-soaked South Africa. Unfortunately for them, three
of the four family members suffer from a rare genetic skin disorder
that makes exposure to direct sunlight extremely painful. As a result,
they set out to find a reliably cloudy environment Posted on Wednesday, December 30, 2009 at 1:30 am

Depending on their nationality, Canadian landed immigrants receive
different treatment when it comes to residency requirements.You would
expect the Government of Canada to treat all of its landed immigrants
(permanent residents) equally and certainly not to discriminate
against some of them based on their country of origin. The facts,
however, tell another story, at least when it comes to Posted on Sunday, December 13, 2009 at 3:30 pm

The jobless rate reached 9.8 percent in September and the average
hourly work week fell to 33. This is obviously a problem, since
consumer spending accounts for about 70 percent of the economy and
people who are out of work, or who have had their hours reduced, tend
not to shop as much, for some reason. At the same time, the Obama
administration, using new programs such as eVerify and iCERT, and by
imposing more restrictive employment eligibility verification
requirements, is both forcing U.S. companies to Posted on Friday, October 2, 2009 at 1:43 am

USCIS announced today that, as of September 25, 2009, only 46,700
cap-subject H-1B numbers have been used from the fiscal 2010 allotment
of 65,000. This means approximately 18,300 numbers remain available.
USCIS' fiscal year runs from October 1st to September 30th, so fiscal
2010 starts today (Happy New (fiscal) Year!). This means, among other
things, that people holding fiscal 2010 H-1B approvals are probably
starting work today. Those still waiting for fiscal 2010 approvals
can't start work yet, but now Posted on Thursday, October 1, 2009 at 1:52 am

New York Attorney General Andrew M. Cuomo has announced his office is
issuing more than 30 additional subpoenas as part of the States
expanding investigation into immigration fraud. You can read the press
release here. Illegal and unscrupulous practices by non-lawyers such
as "Notarios" and "Immigration Consultants" have been a huge problem
in the immigration community for years throughout the U.S., not just
in New York. Posted on Wednesday, September 30, 2009 at 2:16 am

The USCIS made an announcement this past week on their website to the
effect that only the most recent edition of the Petition for Alien
Fiancee (the 07/30/07 edition) could be used for newly filed
petitions. This announcement sent something of a shock wave to the
many petitioners who had used, and relied upon, the November 2006 form
for the I-129(f). It can really help to have an AILA attorney
representing you in your fiancee visa petition process. Would a
"document service" or non-attorney "visa mill" Posted on Tuesday, July 31, 2007 at 6:07 pm

Having an attorney represent you in your fiancee visa petition can
provide many possible upsides, including the fact that lawyers who are
members of AILA stay up to the minute current on new developments in
the law concerning the fiancee visa. How many visa "mills" and
unlicensed "providers" know about critical new changes in the law, or
even the upcoming (July 30) address changes for direct filing of
fiancee visa petitions? Beginning on or after August 29, 2007, USCIS
will reject any of the forms that are Posted on Wednesday, July 11, 2007 at 6:04 pm

It is always a good feeling when I submit my Notice to Kyiv or Moscow
of my appearance, representing my client in their fiancee visa case.
It's the first act in the process of filing the petition for the
fiancee visa, letting the consular division know that I will be
appearing for the petitioner, and: Ã Posted on Tuesday, June 12, 2007 at 9:25 pm