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 […]
September 2007 Immigration Update
Headlines: 1. DHS Issues Final Rule on Employer ‘No-Match’ Obligations; Judge Issues Temporary Restraining Order Until October 1 – The amended regulation describes the legal obligations of employers relating to the unlawful hiring or continued employment of unauthorized workers. 2. Tips on Verification Compliance – Prudent employers should follow these steps to confirm that their […]
UPDATES ON CASE LAW REGARDING ТPORTABILITYУ UNDER INA ¤ 204(j) AND THE ONE-YEAR DEADLINE FOR FILING AN ASYLUM CLAIM
by Adam Ketcher* This firm regularly posts articles that highlight and explain administrative and judicial decisions that affect the immigration status or pending applications of our clients. Two such matters that are of primary significance to our clients are job “portability” under section 204(j) of the Immigration and Nationality Act (“INA”), and the one-year filing […]
