RECORDING DEPARTURE FROM THE US AFTER THE FACT
by Cyrus Mehta* It is important that when a nonimmigrant departs the United States, his or her departure be recorded in the system. This is done when the person hands over the white-colored I-94 card to the airline counter upon departure. The I-94 card was initially issued at the point the nonimmigrant was previously admitted […]
PIMS, PETITION FRAUD AND EB-2 UNAVAILABILITY
by Cyrus Mehta* During my recent trip to Mumbai, India, the media that covers US immigration matters was very interested in knowing more about the new Petition Information Management System (PIMS) and the likely delays that it could cause to visa applicants. On Friday, January 11, 2008, I met with Michael J. Carver, Vice Consul, […]
January 2009 Immigration Update
Headlines: 1. U.S. Chamber of Commerce Challenges Legality of E-Verify Requirement for Federal Contractors – The U.S. Chamber of Commerce filed a lawsuit against the DHS challenging the legality of requiring federal contractors to begin using E-Verify by January 15. 2. DHS Issues Interim Rule on I-9 Verification Documents – The interim rule, among other […]
January 2008 Immigration Update
Headlines: 1. Rhetoric on Support for Science Doesn’t Match Reality of Appropriations – The appropriations bill signed into law in December included meager funding for advances in scientific research rather than the more substantial increases that had been expected. 2. Department of State To Begin Issuing Passport Cards – The final rule provides for a […]
THE SUPREME COURT AND THE ANTI-RETROACTIVITY PRESUMPTION
by Patricia Mann* Ex post facto laws retroactively change the legal consequences of acts, or the legal status of facts and relationships that existed prior to the enactment of the law. Justice Joseph Story, a member of the Supreme Court in the early 19th Century, defined a retroactive statute as “taking away or impairing vested […]
CRITERIA FOR NATURALIZATION AND SELECTED PROBLEM AREAS
(REVISED AND UPDATED)
by Cyrus D. Mehta* A. Introduction In an era of heightened enforcement against noncitizens, naturalization offers a number of important benefits such as the right to vote and also immunity against deportation. While naturalization appears to be a relatively simple process, it also has many pitfalls. The attorney must carefully evaluate the client’s eligibility for […]
(REVISED AND UPDATED)
LATEST FROM MR. AYTES AT USCIS
by Cyrus Mehta* At the AILA-NY Chapter Conference on December 13, 2007, Michael Aytes, Associate Director Emeritus, Domestic Operations Directorate, USCIS, provided interesting perspectives of what USCIS has in store for us in the coming months. The other panel members were Sharon R. Mehlman, AILA SCOPS Liaison Committee Chair, and Shawn A. Orme, AILA USCIS […]
MANDAMUS ACTIONS: AN EYEWITNESS ACCOUNT
by Adam Ketcher* Recently, the American Immigration Lawyer’s Association announced that during a meeting with Secretary of Homeland Security Michael Chertoff, he indicated U.S. Citizenship & Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) have re-examined their existing name check system and developed strategies to process security clearances more quickly.1 Secretary Chertoff confirmed […]
December 2007 Immigration Update
Headlines: 1. No-Match Letters Will Not Be Sent This Year, SSA Says – The SSA will not send out no-match letters this year to employers, in response to a preliminary injunction. 2. USCIS Releases New Form I-9 – USCIS has revised the I-9 Employment Eligibility Verification Form as a first step toward achieving the document […]
THE INTERPLAY BETWEEN EMPLOYMENT AUTHORIZATION, TRAVEL AND H OR L STATUS
by Cyrus D. Mehta * As hundreds of thousands of would be immigrants filed adjustment of status applications during the window between July 17, 2007 and August 17, 2007, it is unlikely that cut-off dates in the Employment-based Second (EB-2) and Third Preferences (EB-3) will advance very rapidly. For instance, the State Department Visa Bulletin […]
OPT-OUT PROVISION UNDER THE CHILD STATUS PROTECTION ACT
by Cyrus D. Mehta* Section 6 of the Child Status Protection Act (CSPA)1 allows beneficiaries of I-130 petitions that have been converted from the Family Second Preference (F2B) to the Family First Preference (F1), after the parent has naturalized, to opt out and remain in the F2B.2 It is possible for the F1 to be […]
November 2007 Immigration Update
Headlines: 1. Backlogged Immigration Cases ‘Could Take Years’ to Process, USCIS Says; No Forward Movement of Cut-Off Dates – USCIS faces huge backlogs because of fee changes combined with confusion over the cut-off date for employment-based applications. 2. Talent Pool Increasingly Global: EU Blue Cards Proposed, Migrant Policy Web Site Launched – Will the European […]
PRACTICE ALERT: HEIGHTENED SCRUTINY OF L-1B VISAS
by Elizabeth T. Reichard1 Practitioners Beware! L-1B Visa Program is facing heightened scrutiny. Reports are streaming in that the Service is issuing sweeping Requests for Evidence (“RFEs”) on all L-1B cases.2 The RFEs appear to be boilerplate and often ask for information that has already been submitted. Rarely do the RFEs make reference to the […]
GREEN CARDS THROUGH INVESTMENT
by Mark Ivener * and Cyrus D. Mehta** For foreign investors looking for freedom and flexibility to live and work in the United States in a way accommodating to their lifestyles, the little-known EB-5 investor category can provide an excellent opportunity to accomplish this goal through the obtaining of Green Cards. There are essentially two […]
LIFE AFTER IMPLEMENTATION OF THE DOL “SUBSTITUTIONS” RULE
by Cyrus D. Mehta* and Catherine L. Haight** The Department of Labor’s (DOL) final rule to "enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States” took effect on July 16, 2007.1 The new provisions apply to permanent labor certification applications […]
COUNTERPOINT: ETHICALLY HANDLING CONFLICTS BETWEEN TWO CLIENTS THROUGH THE “GOLDEN MEAN”
In the event of a conflict between two parties represented simultaneously by one attorney in a single matter, the attorney is generally required to withdraw from the representation of both clients. Reproduced is an article published in 12 Bender’s Immigr. Bull. 1147 (Aug. 15, 2007) – COUNTERPOINT: ETHICALLY HANDLING CONFLICTS BETWEEN TWO CLIENTS THROUGH THE […]
October 2007 Immigration Update
Headlines: 1. U.S. Adds Photo Verification, Sues Illinois on Verification Ban; Towns Rethink Anti-Illegal Laws – The photo tool will be available when a new employee presents an EAD or green card to complete the I-9. 2. USCIS Announces New Naturalization Test – The revised test emphasizes fundamental concepts of American democracy, U.S. history, and […]
URGE CONGRESS TO PASS SMALLER IMMIGRATION MEASURES EVEN THOUGH COMPREHENSIVE IMMIGRATION REFORM COLLAPSED
by Cyrus D. Mehta * Although comprehensive immigration reform went down in flames earlier in the summer of 2007, there is hope that smaller measures could get passed in Congress. On September 20, 2007, Senator Durbin offered an amendment to the military authorization bill (H.R. 1585), which would introduce the DREAM Act (S.A. 2919). This […]
BIA AND SECOND CIRCUIT ON GRANDFATHERING UNDER SECTION 245(i) AND IMPLICATIONS FOR EMPLOYMENT-BASED CASES
by Cristina Velez* Recent decisions from the Board of Immigration Appeals and U.S. Court of Appeals for the Second Circuit raise new questions on an “old” issue: when an immigrant visa petition or labor certification filed on one’s behalf prior to April 30, 2001 was “approvable when filed” and therefore permits one to adjust his […]
IN VITRO FERTILIZATION, SURROGATE MOTHERHOOD AND CITIZENSHIP
by Cyrus D. Mehta * Interesting issues arise under US immigration and nationality law when a child is born through in vitro fertilization (IVF). According to Wikipedia, IVF is a technique in which the egg cells are fertilized by sperm outside the woman’s womb. The process involves hormonally controlling the ovulatory process, removing ova from […]
