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Supreme Court Refuses To Review Harboring Ban Struck Down By Lower Court

The United States Supreme Court exercised its discretion to refuse certain appeals when it decided not to review a lower court’s decision striking down parts of Arizona’s controversial immigration law. The Ninth Circuit Court of Appeals last year invalidated the portion of the law, S.B. 1070, which authorized the police to arrest those who harbor undocumented aliens residing in the state.  That appellate court had determined that federal law already contains a prohibition against harboring such…

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Haitian Refugee Act Provides Haitians With Chance To Stay In United States

Haiti has for many decades been among the poorest on the planet. For many years the country suffered from coups which caused its elected political leadership to be forced out of the country. Back in 1998 Congress passed the Haitian Refugee Immigration Fairness Act (HRIFA) to establishes the procedures that eligible Haitians will use to file for adjustment to lawful permanent resident (LPR) status pursuant to section 902 of that statute.  The purpose of the statute…

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Iranian Citizen Denied Asylum Repeatedly Despite Removal Of Group From Terrorist

An Iranian national has repeatedly sought asylum here in the United States where she has resided since 1996. The woman, Laila Rajabi, initially petitioned for asylum after coming here and appealed the denial of her petition to the Board of Immigration Appeals (BIA). They refused to overturn the denial. But they did reconsider the case years later when it was determined that a taped interview she gave was not included in the original case. However, a…

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Calling Broadcasters To Our Country

U.S. immigration law supports certain public policy objectives by designating that some foreign nationals can qualify for residency or citizenship because of the role they played in helping the United States. A notable example includes translators who aided American troops deployed in Iraq and Afghanistan during those wars. A lesser known category for potential immigration to this country is the green card for broadcasters. Individuals (and their spouses and children) who are coming to work in the…

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Day Of Action Demonstrations Held In Cities Across The Country

On Saturday, April 5, 2014 immigration groups took part in “Day of Action rallies in close to 50 cities across the country. The primary focus of the demonstrations was to demand the federal government cease the deportations of family members and friends from the United States. In some cities, activists carried signs depicting President Obama as “the deporter-in-chief.  Since becoming President, about 2 million people have been removed from the country although some question whether those…

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H1-b Visa Deadline Spurs Cottage Prognostication Industry

The recent arrival of the April 1 filing date for individuals seeking to work in the United States pursuant to H1-B visas begins a period of time of nervous waiting. Prospective workers and their potential employers hold their collective breath as they wait to see if the USCIS will announce the need for a lottery and then, if so, who will qualify for the 65,000 allotted spots that are generally available. As this process unfolds, foreign…

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Qualifying For Sij Status In The United State

Congress passed The Immigration Act of 1990, 8 USC 1101 to provide a procedure by which certain young or minor aliens could be classified a “special immigrant affording that alien the opportunity to maintain residence in the United States.  The purpose was to protect abused, neglected, and abandoned unaccompanied minors through a process that allows them to become permanent legal residents. Under what procedure then can such minors acquire SIJ status? Unlike other immigration matters, a…

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Untangling Distinctive Definitions And Differing Age Limits

An appellate decision issued last year by the Seventh Circuit Court of Appeals gave an opportunity for a young woman from Pakistan to join the rest of her family in the United States. The federal appellate court’s ruling in Akram v. Holder, 721 F. 3d 853 (7th Cir. 2013) determined that a discrepancy between the regulations set by the USCIS to govern eligibility for two different, but related, immigrant visas contravened the legislative intent underlying the purpose of…

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Filing Date For H1-b Visa Petitions Approaching On April 1, 2014

For those hoping to come to the United States for certain jobs via a H1-B visa, the date April 1 means much more than April Fools’ Day. Rather it is the date, set by the United States Citizenship and Immigration Service (USCIS), in which H1-B visas offered each year become available subject to a cap of 65,000.  Foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields are eligible to apply for…

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Activists At Border And Latino Caucus Pressure White House Over Deportations

Last week the Congressional Hispanic Caucus (CHC) introduced a resolution in Congress demanding that the President stop all deportations of undocumented aliens who would qualify for citizenship under Senate Bill 744, the comprehensive immigration reform bill which passed that body last year. Meanwhile in Tijuana, Mexico sixty migrants were arrested in acts of civil disobedience as they attempted to cross in to the United States. The third group of protesters to attempt entry at the Otay…

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