CONVERSATION WITH AN ФOUT OF STATUSХ ALIEN

by Cyrus D. Mehta* Alien: Am I being called an “alien” because I am out of status? Attorney: No. All non-citizens are called aliens. Even green card holders. Alien: My tourist visa is for 10 years. Why am I still out of status? Attorney: Your status is governed by the date on your I-94 card. […]

July 2007 VISA BULLETIN FIASCO: A POST-MORTEM

by Cyrus D. Mehta* The government’s sensible resolution of the July 2007 Visa Bulletin fiasco was met with jubilation from potential adjustment of status applicants who were earlier thwarted from filing. The August 2007 bulletin announced that the July 2007 Employment-based preferences, except for the Other Worker category, would again be current, and DHS further […]

July 2007 VISA BULLETIN CURRENT AGAIN

In a startling reversal of its earlier announcement, the State Department, in its August 2007 Visa Bulletin,announcedthat “Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for the purpose of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.” Insofar as […]

DOL RULE AGAINST SUBSTITUTIONS TAKES EFFECT ON July 16, 2007

by Cyrus D. Mehta* 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” takes effect on July 16, 2007. See 72 Fed. Reg. 27,903-27,947 (May 17, 2007). The provisions apply to permanent […]

July 2007 Immigration Update

Headlines: 1. Immigration Reform Bill Dies in Senate – On a procedural vote, the Senate killed the bipartisan bill on comprehensive immigration reform that has been the subject of much debate and controversy and that had the support of President Bush. 2. DOS Suddenly Announces No More Employment-Based Visa Numbers – In a stunning policy […]

ADJUSTMENT OF STATUS FILING ADVISORY

On July 1, 2007, the Visa Numbers in the Employment-based Second and Third Preferences will become current. The USCIS Service Centers in Nebraska and Texas will be deluged with Adjustment of Status (Form I-485) applications. This advisory is in continuation of July 2007 VISA BULLETIN – “CURRENT.” An update on AILA Infonet expresses concern that […]

UPDATES FROM THE AMERICAN IMMIGRATION LAWYERХS ASSOCIATION (AILA) CONFERENCE IN ORLANDO, FLORIDA

by Elizabeth T. Reichard* Representatives from our firm recently participated in the AILA Annual Conference on Immigration Law in Orlando Florida from June 13 – 16, 2007. The following provides updates on some of the “hot topics” addressed at the Conference. 1. Legislation Update While the Comprehensive Immigration Law Reform Bill was removed from the […]

July 2007 VISA BULLETIN – “CURRENT”

by Mazal Gavrielov* “Current,” may be a regular word to some, but to thousands of foreign nationals the word holds significant meaning. It means that they are finally permitted to apply for adjustment of status in the United States. Applications can be submitted as of July 1, 2007 and through July 31, 2007. > The […]

IS IT MANDATORY TO DETAIN AN AGGRAVATED FELON?

by Cyrus D. Mehta,* Elizabeth T. Reichard** and Adam Ketcher*** Matt and his buddies are members of Delta Tau Delta at Case Western Reserve University in Cleveland, Ohio. During the fall semester, these fraternity boys came up with a “brilliant” plan to take a road trip to Windsor, Ontario. I mean, what could be more […]

June 2007 Immigration Update

Headlines: 1. Immigration Reform Bill Passes ‘Test’ Vote in Senate – The Senate’s bipartisan bill on comprehensive immigration reform has passed a “test” vote; formal debate has begun. 2. DOL Publishes Final Labor Certification Rule, Prohibits Substitutions; USCIS Terminates Premium Processing for I-140s Requesting Substitutions – The regulation’s provisions apply to permanent labor certification applications […]