Change to USCIS Mailing of Approval Notices
In a surprising change, not announced in advance by USCIS, effective September 12, 2011, the USCIS decided to mail all approval notices DIRECTLY to the petitioner, not to the attorney […]
Export Control Regulations – a new hurdle for the H-1b/O/L visa
Applying for a H-1b, L, or O visa for a professional foreign worker has become more difficult with the USCIS’ requirement of verifying whether a license is needed for the foreign employee to be permitted to be exposed to certain restricted technologies, software, materials, research, and equipment. This article provides a helpful analysis of the steps and factors to be considered in making this evaluation in order to protect both the employer and employee from substantial penalties for non-compliance.
Strategies for Success – Winning your L-1A case
The L-1A visa classification is for a intracompany transferee executive or manager. This article discusses the standards an application must meet to be successful at the USCIS, and therefore entitle the employee an L-1 classification to work in the USA.
A Common Sense Approach to Padilla v. Kentucky- Competent Representation in Criminal Cases with Immigration Implications
A lawyer advising a non-citizen client in a criminal matter has an added duty: to advise the client of the immigration consequences, if any, of a criminal conviction. Failure to advise that results in a deportable consequence or some other immigration detriment, such as inability to naturalize or exclusion, could be the grounds for a claim of ineffective assistance of counsel under Padilla that could result in the underlying conviction being reopened and vacated.
Arizona Law SB 1070 Exposes a Disturbing Trend
Arizona Law SB 1070 uses the logic of “immigration compliance” to needlessly trample on the US Constitution, harms US citizens and the non-immigrants alike and damages genuine law enforcement efforts to curb crime. Severe flaws in the law subject it to strict scrutiny and possible injunction or reversal in the courts.
US Supreme Court issues PADILLA v. KENTUCKY Decision on Immigration Consequences of Criminal Conviction
The US Supreme Court issues a landmark decision that could affect the reopening and reduction of criminal sentences if the alien was given poor advice or no advice on the immigration consequences of a criminal conviction. Notable is the concurrence (agreement) by Justices Alito and Roberts.
USCIS Intends to increase filing fees in 2010
USCIS intends to increase filing fees across the board. Naturalization fees will not go up. Most others will.
What if my NTA was never issued?
This is an actual question I received via e-mail: “Is there an expiry date allowing relief if there has never been issued an NTA? My example is where, after a […]