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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
by Adam Ketcher* Every year, scores of immigration attorneys flock to the annual conference of the American Immigration Lawyers Association (AILA) to discuss new developments and to learn best practices in family- and employment-based immigration and refugee law. The conference hosts panels by leaders in the field, and, equally important, open forums with government agencies. […]
by Cyrus D. Mehta* This outline was prepared in conjunction with Mr. Mehta’s presentation at a continuing legal education program sponsored by the Federal Bar Council, Asylum 101: Learning How To Effectively Navigate The Asylum Process, on July 2, 2008 in New York City. This outline will be useful to readers who need a quick […]
By Gary Endelman* and Cyrus D. Mehta** INTRODUCTION After working hard to obtain lawful permanent residency for a client, immigration practitioners are often confounded by their client’s willingness to jeopardize this hard won status by wishing to remain outside the United States. This is becoming increasingly common today with attractive career opportunities outside the country. […]
