Is Birthright Citizenship Good for America?

Lane Powell Counsel to the Firm Margaret Stock authored an article in the Winter 2012 issue of Cato Journal titled “Is Birthright Citizenship Good for America?” In the article, Stock discusses the 14th Amendment’s Citizenship Clause and proposed changes. The Declaration of Independence famously asserted that “all men are created equal,” but this assertion did [...]

Immigration and Investments in the United States

Lane Powell Shareholder Diane Butler authored an article in Vancouver Board of Trade’s November 2011 issue of Sounding Board newspaper titled “Immigration and Investments in the United States.” In the article, Butler discussed changes to immigration policies, which are geared toward stimulating the U.S. economy.

H-1B Quota Filled: Some Options Remain

Without notice, the H-1B filing window for the year has closed. U.S. Citizenship and Immigration Services (“USCIS”) announced the day before Thanksgiving that on Tuesday, November 22, 2011, it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2012 (“FY2012”). This means that petitions for first-time H-1Bs received November 23 or thereafter will be rejected and mailed back to the petitioner unprocessed.

Stock Authors Immigration Impact Blog Post About Non-Citizens Eager to Serve in the Military Who Are Blocked by the Government

Lane Powell Counsel to the Firm Margaret Stock authored a November 11 Immigration Impact blog post titled “Non-Citizens Eager to Serve in U.S. Military Blocked by Government Bureaucracy.” The Immigration Impact blog is a project of the American Immigration Council. In the blog, Stock discusses how “some highly qualified non-citizens have been blocked from serving [...]

H-1B Numbers May Run Out Before End of 2011: Quota for Master’s Degree Filled

Under immigration law, the H-1B program allows U.S. employers to hire foreign nationals in “specialty occupation” positions, which require a bachelor’s degree or the equivalent. Under current law, there is a cap on the number of new H-1B petitions that will be granted each federal fiscal year (“FY”). The quota for graduates with a master’s [...]

New Opportunities for Immigration Through Investment in the US May Be Expanding

The Director of the Department of Homeland Security, Janet Napalitano, and the Director of U.S. Citizenship and Immigration Services, Alejandro Mayorkas, are promoting “a series of new policy, operational and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.” Meanwhile, Congressman Zoe Lofgren introduced the Immigration Driving Entrepreneurship in America (“IDEA”) Act. The efforts to spur foreign investment are gaining interest and some traction.

Creating a Safe Harbor From Immigration Liability

Immigration enforcement in the workplace has become a source of unprecedented liability for U.S. employers over the past three years.

Since 2008, U.S. Immigration and Customs Enforcement (ICE) has initiated thousands of audits to review companies’ records of I-9 employment eligibility, and has levied stiff penalties for violations.

Handling Social Security No-match Letters — What Employers Need to Know

Receipt of any letter from the government about being out of compliance can cause alarm for a business. The Social Security Administration (“SSA”) recently resumed notifying employers of mismatches between an employee’s name and Social Security number (“SSN”), known as “No-Match” letters. A No-Match letter informs the employer that discrepancies exist between an employee’s name and Social Security number contained in SSA’s database, against those on the employee’s W-2 form. The purpose is to enable the SSA to allocate Social Security funds correctly.

Stock Authors Immigration Impact Blog Post About Recent Center for Immigration Studies Report

Lane Powell Counsel to the Firm Margaret Stock authored a July 28 Immigration Impact blog post titled “Restrictionist Group Strikes Out in Latest Report on Children of Diplomats.” The Immigration Impact blog is a project of the American Immigration Council. In the blog, Stock commented on a report by the Center for Immigration Studies (“CIS”). The report [...]

The Unconstitutional and Inefficient Law That May Just Fix Immigration

The immigration issue is as old as America itself. One of the Founders’ primary complaints against King George was that he restricted immigration. This complaint carried such weight that it was one of the grievances listed in the Declaration of Independence. Because of the Founders’ apparent open-border mentality, the Constitution only mentions two immigration powers, and delegates them both to Congress. First, Congress was given the power to restrict human trafficking, better known to history as “slavery,” after 1808. Congress was also given exclusive power to provide “an uniform Rule of Naturalization.” James Madison explained in Federalist Paper Number 42 that Congress was given this power to establish uniform “rights of citizenship” and “privileges of residence,” and therefore prevent the states from setting different standards of citizenship.

Third-Country National Consular Processing of Non-Immigrant Visa Applications in Canada and Mexico

Consular processes of nonimmigrant visas (NIVs) for Third Country Nationals (TCNs) at posts in Canada and Mexico presents complex and highly specialized issues. Attorneys and visa applicants should be aware of the potential benefits as well as the risks relating to re-entry to the United States subsequent to a visa application in a third country.

I-9 Immigration Compliance Update: Social Security “No-Match” Letters and New USCIS “I-9 Central” Website

The Social Security Administration (“SSA”) has resumed issuing letters notifying employers of mismatches between an employee’s name and Social Security number (“SSN”), known as “No-Match” letters. A No-Match letter informs the employer that discrepancies exist between an employee’s name and Social Security number contained in SSA’s database against those on the employee’s W-2 form. The purpose is to enable the SSA to allocate Social Security funds correctly. Employers who receive No-Match letters should have a policy of checking records and following up with employees so they can avoid charges of hiring unauthorized workers. However, reverification is not required solely because an employer has received a No-Match letter.

On May 13, U.S. Citizenship and Immigration Services (“USCIS”) launched a new website called “I-9 Central,” an immigration Web-based resource that is available for document verification, but should be used with caution due to lack of completeness of the information it contains. The website includes sections covering employer and employee rights and responsibilities, step-by-step instructions for completing Form I-9, and information on acceptable documents for establishing identity and employment authorization. USCIS has also posted guidance on common mistakes in completing Form I-9, how to correct errors, and how to answer employees’ questions about the I-9 process.

ICE Announces Nationwide Investigations of I-9 Forms for More Than 1,000 Companies

On February 18, 2011, U.S. Immigration and Customs Enforcement (“ICE”) announced a nationwide wave of I-9 investigations and demands for document review affecting more than 1,000 companies across all 50 states. These enforcement actions, affecting businesses of all sizes, reaffirms the current Administration’s commitment to increase immigration sanctions against U.S. employers.

H-1Bs Quota Filled — Some Options Remain

Without notice, the H-1B filing window for the year closed. U.S. Citizenship and Immigration Services (“USCIS”) announced on January 27, 2011, that the day before it had received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2011(“FY2011”). USCIS notified the public that January 26, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date up to September 30, 2011.

H-1B Numbers May Run Out Before End of 2010 — File Soon and Beware of Procedural Changes

Under immigration law, the H-1B program allows U.S. employers to hire foreign nationals in “specialty occupation” positions, which require a bachelor’s degree or the equivalent. Under current law, there is a cap on the number of new H-1B petitions that will be granted each federal fiscal year (“FY”). Current trends suggest that the cap for FY2011 could be reached before the end of 2010. To avoid the cap and ensuing complications and processing delays, employers who would like to hire H-1B workers to begin employment before October 1, 2011, should plan to file soon.

Waivers Around the World — Practice Tips for Inadmissibility Determinations at U.S. Consular Posts and Waiver Adjudication at USCIS International Offices

Dealing with inadmissibility issues in cases abroad requires a different approach from cases inside the United States. Although you may know clearly where your local U.S. Citizenship and Immigration Services (USCIS) district office draws the line, inadmissibility decisions can be shockingly different overseas. For example: would you believe that a 15-year-old conviction of driving under the influence of alcohol could leave to a finding of inadmissibility? Would you predict that a 25-year-old conviction for shoplifting a tube of hair gel might not qualify for the petty offense exception to criminal inadmissibility? Would you believe that a consulate would seek out and review old I-94W forms and U.S. Customs and Border Protection for the purpose of accusing the applicant of fraud/misrepresentation? Would you think that a conviction entered when the applicant did not appear in front a judge, commonplace in some countries, would not trigger inadmissibility? Based on the unpredictability of these and other decisions, it is important to go back to the drawing board when preparing any application for submission abroad that has potential inadmissibility issues. This article will provide some general information on best practices for waiver applications submitted abroad, with a particular focus on the immigrant visa context.

Immigration Sweep on Employers’ I-9 Forms

On September 16, the Department of Homeland Security launched a widespread operation to investigate employers’ immigration compliance as its U.S. Immigration and Customs Enforcement (“ICE”) agency began issuing subpoenas and Notices of Inspection (“NOI”) to more than 500 companies.

Immigration Inquiries for Canadians

Canadians who seek immigration status to work or live in the United States have a special inquiry option for information. U.S. Citizenship and Immigration Services (“USCIS”), an agency under the Department of Homeland Security, has established a general inquiry e-mail box for customers in Canada: Canada@dhs.gov. For customers in the United States, an 800 number is available through the USCIS National Customer Service Center: 1-800-375-5283. USCIS created the inquiry e-mail to provide better customer service for Canadians outside the United States.

H-1B Cap Opens: Procedural Changes Could Catch Employers Off-Guard

Under immigration law, the H‑1B program allows U.S. employers to hire foreign nationals in “specialty occupation” positions for which they require a bachelor’s degree or the equivalent. Under current law, there is a cap on the number of new H‑1B petitions that will be granted during each federal fiscal year (“FY”). While current trends suggest the cap might not be hit as early this year as in some years, procedural changes related to prevailing wage requirements could catch employers off-guard and cause delays.

Immigration Inspections: ICE Audits Employers’ Immigration Documents

The Department of Homeland Security recently stepped up enforcement actions against employers with inspections of I-9 forms and other documents. On November 19, 2009, Homeland Security’s enforcement agency, Immigration and Customs Enforcement (“ICE”), issued Notices of Inspection and some subpoenas to 1,000 employers across the United States, seeking to review the following types of documents:

Employers Awarded Federal Contracts Must Now Verify Employees’ Work Authorization

Effective September 8, 2009, employers with federal contracts must begin checking work authorization for employees through the government E-Verify system. The rule applies to federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act Funds. E-Verify is an Internet-based program operated by the Department of Homeland Security agency, U.S. Citizenship and Immigration Services (“USCIS”), for employers to cross-check a worker’s birth date, name, Social Security information, and visa and immigration status against records contained in Homeland Security and Social Security Administration (“SSA”) databases. Employers who enroll in the program must use it uniformly for employees, regardless of citizenship.

View full article (PDF).

SeaTac Airport Added to Global Entry Program for International Travelers

Certain travelers arriving in U.S. airports from abroad can avoid lines by using the Global Entry Program. Administered by the Department of Homeland Security agency, U.S. Customs and Border Protection (“CBP”), Global Entry is a “trusted traveler” program designed to provide expedited clearance process for low-risk travelers, allowing CBP officers to focus on processing and inspecting other arriving passengers.

Global Entry is not available for domestic travel or for departures, only for entry into the United States from abroad.

View full article (PDF).

Revised Form I-9 Becomes Effective April 3, 2009

The Department of Homeland Security has revised the Employment Eligibility Verification Form (“Form I-9″), altering the list of documents employers may accept to verify work authorization and identity. Employers, agricultural recruiters and referrers, for a fee, must use the new version of the I-9 starting April 3, 2009. View full article (PDF).

Stimulus Plan Provisions for Favoring U.S. Workers Before Hiring H-1B Foreign Workers: Focus on Financial Institutions

The economic stimulus package that Congress passed and President Obama signed into law on February 17, 2009, imposes U.S. worker recruitment and retention, as well as record keeping obligations, on certain federal funds recipients before hiring H-1B foreign workers. View full article (PDF).

A Funny Thing Happened on the Way to Admission — Understanding Legal Issues and Communicating With U.S. Customs and Border Protection

Unraveling immigration problems that arise with U.S. Customs and Border Protection (CBP) can be frustrating.  Your client will be unhappy and confused—to say the least—if they have been sequestered at the airport or the border for hours on end.  If they live and work in the United States, the possibility of being unable to return home or report to work is an emergency of the highest degree.  To make matters worse, your client may not have copies of CBP paperwork to help you decipher what happened and what the legal consequences may be.  To help navigate these difficult situations, it is important to understand how CBP works and how to effectively communicate with CBP.

View full article (PDF).

This article first appeared in the California Chapters Conference Handbook, a publication of the American Immigration Lawyers Association.

Substance Use, Health-Related Inadmissibility, and Waivers

The apprehension in the silence of your client’s end of the phone is palpable.  His case initially seemed straightforward, even predictable, to you.  But then something unexpected happened at the medication examination.

View full article (PDF).

This article first appeared in the Immigration & Nationality Law Handbook, a publication of the American Immigration Lawyers Association.

TN Status Expanded from One Year to Three Years

U.S. Citizenship and Immigration Services (“USCIS”) is expanding the validity period of Trade-NAFTA (“TN”) status from one year to three years. TN status comes from the North American Free Trade Agreement (“NAFTA”) among the United States, Canada and Mexico. TN status is available for professional workers from Canada or Mexico to work temporarily in the United States. TN status is available to professional workers from Canada or Mexico. Three years is the same period of time that USCIS currently may grant to H-1B specialty occupation workers. The rule cleared the Office of Management and Budget on September 10, 2008, and publication is expected soon. View full article (PDF).

H-1B “Lottery” Coming: Begin Filing Preparations by March 2008

Under immigration law, the H-1B program allows U.S. employers to hire foreign nationals in “specialty occupation” positions that require a bachelor’s degree or the equivalent. Under current law, there is a cap on the number of new H-1B petitions that will be granted during each federal fiscal year (“FY”). This year, current trends suggest that employers who do not mail their petitions on March 31, 2008, will be out of luck for what is considered the H-1B “lottery.” View full article (PDF).

Marriage Considerations for Foreign Nationals Awaiting a Green Card

It’s timely on Valentine’s Day to remind foreign nationals in H-1B and other nonimmigrant classifications who have found someone to love and to marry, that the timing of when they choose to marry may affect the immigration status of their prospective spouse. The considerations are particularly important for those with an application for adjustment of status to permanent residence pending, or those who plan to file one. Due to immigration quotas and anomalies of immigration law, marrying before receiving a green card can enable the spouse to join in the process, but waiting until after receiving a green card can prevent the spouse from joining the applicant in the United States for years. View full article (PDF).

New Form I-9 and Handbook for Employers

The Department of Homeland Security agency U.S. Citizenship & Immigration Services (“USCIS”) announced on November 7, 2007, that it has released a new version of Form I-9, Employment Eligibility Verification, as well as the M 274, Handbook for Employers, Instructions for Completing the Form I-9. Employers are required to complete an I-9 for all new employees. USCIS has advised that it intends to make additional changes in 2008 and issue another version of the I-9 at that time. View full article (PDF).

No-Match Letter “Safe Harbor” Rule in Flux: Best Practices for Employers to Follow in the Meantime

On August 15, 2007, U.S. Immigration and Customs Enforcement (“ICE”), an agency within the Department of Homeland Security (“DHS”) published a final rule, entitled “Safe Harbor Procedures for Employees Who Receive a No-Match Letter.” The rule was scheduled to take effect on September 14, 2007, and if it does take effect, it will impose new burdens on employers of U.S. workers as well as foreign workers. View full article (PDF).

July Sizzles with Immigration Rule Change

July 2007 will be a hot month for immigration law, with significant Department of State, Department of Homeland Security and Department of Labor rule changes going into effect.

• Department of Homeland Security Announces Immigration Filing Fee Increase; File by July 28, 2007, to Avoid Increase.
• State Department Announces Jump Forward in Immigrant Visa Priority Dates, Effective July 1, 2007; Speeds Up Last Phase of Green Card Process, but Expect Backlogs After July.
• Department of Labor Rules Restrict Employees From Paying for Their Own Labor Certification and Other DOL Rule Changes, Effective July 16, 2007.

View full article (PDF).

Cap for H-1Bs Hit in One Day: Some Options Remain

Each year there are 65,000 new H-1B slots available for companies to hire foreign workers. The quota is available starting October 1, and cases can be filed six months in advance. This year, U.S. Citizenship & Immigration Services (“USCIS”) received more than 150,000 H-1B petitions on April 2, 2007, depleting the cap in one day. View full article (PDF).

New Passport Rules for Air Travel – Guidelines and Frequently Asked Questions

Starting January 23, 2007, all travelers flying to or from the United States must carry a passport, or one of a few alternative documents, as evidence of citizenship and identity. This is a change to the law that previously allowed travel between the United States and Canada, Mexico, and the Caribbean with documentation of citizenship other than a passport, such as a birth certificate. Following are answers to some questions about the change. View full article (PDF).

‘Let Me In, Coach’ — Temporary Work Visas Now Available for Amateur Athletes and Coaches

In the summer of 1993, Craig Muni, a veteran National Hockey League (NHL) defenseman, filed for an employment-based immigrant visa to the United States as an individual of “extraordinary ability” in athletics.  To prove he was “extraordinary,” Muni’s lawyers submitted evidence that he had more than 10 years of experience in the NHL; had contributed to three Stanley Cup victories playing for the Edmonton Oilers; had one of the best plus-minus ratios in the league; had a reputation among other players, sportswriters, and fans as an excellent defenseman; and more.  Yet Muni’s visa petition was denied, the denial was affirmed on appeal, and he was left to scratch his head in disbelief in the locker room.  How could a sports star of his caliber, a key player on a world championship team, and the subject of articles in major sports magazines not receive a visa reserved for top athletes in the United States?  If he didn’t qualify, who would?

View full article (PDF).

This article first appeared in the Immigration Options for Artists and Entertainers.

Deadline for Speeding up the Green Card Process Approaches, Window Closes January 20, 2007

A window is open for employers who filed the first phase of the green card process for foreign employees to convert to a speedier process. The window closes January 20, 2007. View full article (PDF).

Guidelines and FAQ on Visa Retrogression

Heavy demand for employment-based permanent resident status can create backlogs and long waits to obtain “green cards,” sometimes due to retrogression of immigrant visa numbers. While retrogression and lengthy processing is frustrating, in many instances applicants and family can remain and work in the United States, and travel abroad, while waiting for quota backlogs to subside. View full article (PDF).

Immigration Enforcement in the Construction Industry

In May 2006, U.S. Department of Homeland Security enforcement officers raided construction sites of one of the country’s top residential home construction companies and found 76 undocumented workers working as subcontractors. As a result, four supervisors are facing federal charges of harboring illegal immigrants with penalties of up to 10 years in prison and $250,000. Further, in recent crackdowns, Homeland Security officers arrested seven managers of a Houston pallet supply company. These actions represent aggressive moves to show Homeland Security is serious about employer compliance of workforce hiring laws. Companies should recognize that immigration issues continue to pose hot-button topics for the construction industry, and should focus on three measures: 1. Know your workforce. 2. Know your obligations for complying with the law. 3. Know your rights. View full article (PDF).

This article first appeared in BUILDERnews Magazine.

Medicaid Law Changes Require Evidence of Citizenship

Beginning July 1, 2006, U.S. citizens seeking Medicaid benefits will have to provide evidence of citizenship. The new requirement to verify documentation when applying for Medicaid is intended to prevent illegal immigrants from declaring they are citizens and obtaining Medicaid benefits. View full article (PDF).

Guidelines On Travel For Foreign Nationals With Temporary Visas

When you are traveling abroad after you have obtained your temporary status to work in the United States, it is important that you have all the following documents in order to ease your return to the United States. As these guidelines explain, the type of documentation required depends on your immigration category. View full article (PDF).

H-1B Cap Hit Before Year Ends

Without warning, U.S. Citizenship and Immigration Services (“USCIS”) announced on August 12, 2005, that the H-1B quota for the coming year had been reached two days earlier, on August 10, 2005. Once again, this shows that demand for an educated workforce has outstripped the contracted supply in the United States. Unless Congress acts, employers will be left to consider alternatives or to turn away valuable foreign candidates for openings through September 30, 2006. View full article (PDF).

Immigration Service Reverses Position, Limiting H-1B “Bonus” Numbers to Master’s Degrees; Filing Begins May 12, 2005

Beginning May 12, 2005, 20,000 “bonus” H-1Bs will become available for employers who wish to hire foreign workers this year in occupations for which degrees are required. However, U.S. Citizenship and Immigration Services (“USCIS,” formerly the Immigration and Naturalization Service (“INS”)) reversed its previous position and limited the bonus numbers to persons with U.S. Master’s degrees, instead of allowing persons with Bachelor’s degrees or the equivalent to apply. View full article (PDF).

Don’t Go to Canada With Just a Driver’s License

Headed to Canada? Take along more than just your driver’s license, or plan on spending time with the Immigration officers explaining your citizenship. View full article (PDF).

H-1B Cap Opens With 20,000 More Numbers, Not Limited to Master’s Degrees

More H-1Bs are about to become available for employers who wish to hire foreign workers in occupations for which degrees are required. With what appears to be uncharacteristic generosity, U.S. Citizenship and Immigration Services (“USCIS,” formerly the Immigration and Naturalization Service (“INS”)) has made 20,000 more H-1B numbers widely available, in addition to the pre-existing annual cap of 65,000 H-1Bs. View full article (PDF).

Guidelines For Permanent Resident Status

PERM regulations promise faster processing for labor certification and employer sponsored green cards. Backlog reduction will focus on pending cases. View full article (PDF).

H-1B Cap Opens With 20,000 More Numbers; But Fees Increase

Congress has added 20,000 more numbers to the H-1B Cap, but not without some additional economic cost as compared to prior H1-B programs. Previously, during this fiscal year, the H1-B program for temporary workers had opened and closed in one day. On October 1, 2004, enough petitions had been filled in advance to fill the pipeline for the then existing quota of 65,000 H1-Bs. View full article (PDF).

H-1B Blackout Hit In One Day

The H-1B program for temporary workers opened and closed in one day this year and, unless Congress acts, H-1Bs will not be available again until October 1, 2005. In the meantime, employers will have to consider alternatives. View full article (PDF).

I-94 and I-94W Arrival/Departure Cards

If you returned home with your departure record Form I-94 (white) or Form I-94W (green) in your passport, it means that your departure was not recorded properly. View full article (PDF).

Tips for Presenting Immigration Applications and Petitions at U.S. Border Crossings and Airports

In view of the September 11 tragedy in the United States there is heightened scrutiny of persons seeking to enter the country, by land, sea, and air. The Immigration and Naturalization Service (“INS”) was abolished in March 2003, and immigration functions were transferred to the several agencies under the U.S. Department of Homeland Security. At the border and airports, immigration functions are handled by Customs and Border Protection (“CBP”). Immigration officials have said that there are no new special procedures. However, if you are driving, there may be long waits at the border crossings, especially in the summertime and during holidays. You can check www.borderlineups.com before you go, to view the camcorder shots of the lines at Canadian border posts. If you are flying, you should allow two hours for processing of your immigration application or petition. View full article (PDF).

USVISIT Fingerprints and Photographs of Visa Holders Begin in January 2004

Visa holders entering the United States or returning after visits abroad now must be fingerprinted and photographed before entering the country. The Department of Homeland Security launched the United States Visitor and Immigrant Status Indicator Technology (“USVISIT”) program, a new entry-exit registration program, at 115 airports and 14 seaports (those with cruise ships) on January 5, 2004. Land border processing is scheduled to be introduced in phases through 2006. View full article (PDF).

B1/B2 Business Visitors and Tourists

With the focus of U.S. immigration policy shifting to “Homeland Security,” visitors to the United States may face heightened scrutiny even over a simple business trip or visit. According to the U.S. Citizenship & Immigration Services (“USCIS”), millions of visitors are admitted to the United States each year under business visitor (B-1) and tourist (B-2) visas. Previously, visitors with B1/B2 status were automatically allowed to stay six months in most cases. Now, the policy is shifting from automatically granting visitors six-month visits, to limiting the stay to “a period of time that is fair and reasonable for completion of the purpose of the visit.” The de facto limit appears to be 30 days, unless the person can provide evidence of a need to remain in the U.S. longer. Persons from friendly “visa waiver” countries (described below) might be able to stay for up to 90 days, although the policy is currently unclear.

IMMIGRATION LAW: The Basics for Businesses

The Immigration and Nationality Act (“INA” or the “Act”)1 provides the basic framework for regulating the flow of foreign visitors, foreign workers, and permanent residents to the United States. This Act sets forth the channels for nonimmigrant (temporary) classification and immigrant (permanent resident) classifications. Through February 28, 2003, the INA was administered primarily by the Immigration and Naturalization Service (“INS”) under the U.S. Department of Justice (“DOJ”). On March 1, 2003, the INS was abolished, and most immigration functions were transferred to the U.S. Department of Homeland Security (“DHS” or “Homeland Security”), except for Immigration Court functions, which remain in the DOJ,2 and some visa issuance functions that remain under the Department of State (“State Department” or “DOS”). View full article (PDF).

Dreaming of an Equal Future for Immigrant Children — Federal and State Initiatives to Improve Undocumented Students’ Accesss to Postsecondary Education

Like any typical Mexican restaurant in Smalltown, U.S.A., La Fogata’s coffee is terrible—lukewarm and watered down, grainy sludge clouding the last few sips of each cup.  Their menudo, on the other hand, is outstanding—pungent and rich, generous chucks of tripe in each spoonful.  The small, family owned and operated restaurant in the town of Sunnyside reflects only one piece of the prototypical profile of rural Eastern Washington.  Down the main drag and around the corner sits the community high school.  Like a number of other school sin the lower Yakima Valley, more than two-thirds of the students of Sunnyside High are Hispanic, and 56 percent qualify for the school’s free or reduced-price lunch program.  And like those other schools, somewhere between one-quarter and one-third of the senior class lacks legal immigration status and faces extraordinary difficulties in obtaining a postsecondary education.

View full article (PDF).

This article first appeared in the Immigration and Nationality Law Handbook, a publication of the American Immigration Lawyers Association.

Bush Administration’s Immigration Reform Proposal for Temporary Workers

One of the basic principles on which the President’s proposal is based is that it would help to protect the United States by allowing workers who currently hold jobs illegally to come out of the woodwork and participate legally in America’s economy. This would also help to fill our nation’s coffers with Social Security and income tax funds. View full article (PDF).

USVISIT Fingerprints and Photographs of Visa Holders

Visa holders entering the United States or returning after visits abroad now must be fingerprinted and photographed before entering the country. The Department of Homeland Security launched the United States Visitor and Immigrant Status Indicator Technology (“USVISIT”) program, a new entry-exit registration program, at 115 airports and 14 seaports (those with cruise ships) on January 5, 2004.1 Land border processing is scheduled to be introduced in phases through 2006. View full article (PDF).

INS Successor BICE Conducts

In a steady stream of arrests in the summer of 2003, the Bureau of Immigration and Customs Enforcement began cracking down on companies in such diverse locations as the Sears Towers in Illinois, near the Air Force Academy in Colorado, and the Saratoga Race Course in New York. View full article (PDF).

INS to Dissolve March 1, 2003

As of March 1, 2003, the Immigration & Naturalization Service (“INS”) will cease to exist. It will be abolished and all immigration functions will be transferred to the Department of Homeland Security, except for Immigration Court functions which will remain in the Department of Justice. Immigration benefits (visa, green card, and citizenship processing) will be handled by the Department of Homeland Security’s Bureau of Citizenship and Immigration Services (“BCIS”). View full article (PDF).

Commuting to the United States as a Permanent Resident

Generally, a foreign national who is a permanent resident of the United States must reside permanently in the United States or else risk losing permanent resident status. However, persons who have been granted U.S. permanent resident status can live in Canada or Mexico, even though they have no actual residence in the United States, without losing permanent resident status or a “green card” if they commute regularly to employment in the United States. Such persons are considered to be “alien commuters” or “green card commuters.” View full article (PDF).

INS Strictly Enforcing Address Change Requirements for Non-Citizens

The events of September 11 are resulting in far-reaching impacts and extremely heightened scrutiny on people seeking entry to the U.S., and foreign nationals residing in the U.S. One long overlooked provision is that non-citizens must notify the INS of a change of address within ten (10) days after moving to a new residence. View full article (PDF).

Deadline For Assistance For Illegal Aliens — April 30, 2001