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 […]
