SEEING GREEN IN US IMMIGRATION POLICY
by Cyrus D. Mehta*
Entries by Cyrus Mehta
October 2008 Immigration Update
Headlines: 1. Employment Visa Categories Backlogged – Many employment category cut-off dates have been established for October. 2. DV-2010 Visa Lottery Entry Period Begins – The DV-2010 Lottery online entry period runs from noon EDT on October 2, 2008, to noon EST on December 1, 2008. 3. EAD Delays: What To Do? – The USCIS […]
THE PLIGHT OF H-1Bs DURING 2008Хs ECONOMIC DOWNTURN
by Cora-Ann V. Pestaina* Last week, on one of the most dramatic days in Wall Street’s history, Merrill Lynch agreed to sell itself to Bank of America to ward off deepening financial crisis, while another prominent securities firm, Lehman Brothers, filed for bankruptcy protection and hurtled toward liquidation after it failed to find a buyer. […]
COURT GRANTS IMPORTANT INTERIM RELIEF TO RELIGIOUS WORKERS
by Patricia S. Mann * Ruiz-Diaz, et al. v. USA, et al., No. C07-1881 RSL (W.D. Wash.) is a national class action lawsuit, filed originally on November 27, 2007, with the District Court in Seattle, challenging Citizenship and Immigration Services’ (CIS) refusal to allow religious workers to file a petition for an immigrant visa concurrently […]
CAN ONE SPEND THE 3- AND 10-YEAR BARS IN THE U.S.?
by Cyrus D. Mehta* Since their enactment in 1996, most foreign nationals have become familiar with the dreaded 3- and 10-year bars. Under §212(a)(9)(B)(i) of the Immigration and Nationality Act (INA), an alien who is unlawfully present in the US for a period of 180 days but less than 1 year, and leaves the US […]
September 2008 Immigration Update
Headlines: 1. New Passport Card Is Acceptable For Employment Eligibility Verification – The passport card is considered a “List A” document that may be presented by newly hired employees during the employment eligibility verification process. 2. USCIS Issues Work Authorization Application Version Reminder – USCIS issued a reminder to use the correct version of the […]
REPEAL OF THE HIV IMMIGRATION BAN
On 7/30/08 President George W. Bush signed into law the United States Global Leadership Against HIV/AIDS, Tuberculosis and Malaria Reauthorization Act (H.R.5501/S.2731). The bill includes a provision that repeals the HIV travel/immigration ban by amending the current health-related ground of inadmissibility in the Immigration and Nationality Act to exclude any reference to HIV. This provision […]
MARTINEZ V. MUKASEY: NEW HOPE FOR CERTAIN LEGAL PERMANENT RESIDENTS WITH CRIMINAL CONVICTIONS
By David A. Isaacson* Earlier this year, the United States Court of Appeals for the Fifth Circuit issued a decision that could make relief from removal available to many Legal Permanent Residents with criminal convictions who had previously been thought ineligible to receive such relief. Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), holds […]
NEW INTERPRETATIONS ON SECTION 245(k)
by Cyrus D. Mehta * Section 245(k) of the Immigration & Nationality Act (INA) is a great boon for aliens who are applicants for adjustment of status to permanent residence (Form I-485), but have violated their status for less than 180 or less days from their last lawful admission. If an alien is unable to […]
August 2008 Immigration Update
Headlines: 1. Bill Would Extend E-Verify for 5 Years – With E-Verify set to expire in November, some lawmakers feel there is insufficient time to do anything other than pass a 5-year extension. 2. New Exit Tax Provokes Concerns – The new exit tax may prove to be a major deterrent for wealthy individuals who […]
