Immigration Law

Making Permanent Residency Actually Permanent For Family Members

While many immigrants come to the United States to marry their American husband or wife, those spouses who have been married for less than two years at the time immigration authorities officially bestow legal status, may merely obtain conditional permanent residency. Federal immigration law sets this initial durational limit on the practice of gaining permanent residency through marriage as a means to deter people from using the institution of matrimony strictly as a pretext to become…

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Recent Executive Actions by President Obama Not Yet Implemented

As the United States Citizenship and Immigration Services (USCIS) makes clear on its website, the actions ordered by President Obama relating to immigration have yet to be implemented. On November 20, 2014, President Obama announced a series of measures which (1) expands the population eligible for the Deferred Action for Childhood Arrivals (DACA) program, (2) allows parents of U.S. citizens and lawful permanent residents who have been present in the country since January 1, 2010, to request…

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Encouraging Outside Investment in to the United States

The United States has a long history of immigrants who have come to the United States and established important businesses. The inventor of the telephone, Alexander Graham Bell, emigrated to the United States from Scotland and later started the family of Bell companies now generally known as AT & T. More recently Sergey Brin came to America from Russia. Once here he and his business partner, Larry Page formed Google, the search engine giant which is…

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U.S. Employers Can Hire Foreign Nationals From 68 Countries To Fill H-2A And H-2

Federal immigration law provides that where certain fields of employment lack sufficient available workers to fill needed job spots, such defined positions may be filled by foreign workers on a temporary basis.  Specifically, the H-2A and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. USCIS only approves H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated…

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Trend Protecting Rights Of Undocumented Immigrants Continues

Across the country, judicial and executive officials are taking actions which – at least in some states – will shield some undocumented immigrants from potential detentions and arrests. In Illinois, the governor issued an executive order which prohibits the state police authorities from using immigration status as a sole reason to detain someone. In Arizona, a recurring battleground of immigration battles, a federal judge blocked the use by local law enforcement of the criminal offense of “identity theft…

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Extension And Redesignation Of Syria For Temporary Protected Status

The Department of Homeland Security (DHS) announced today the Secretary of Homeland Security (Secretary) is extending the designation of the Syrian Arab Republic (Syria) for Temporary Protected Status (TPS) for 18 months, from April 1, 2015 through September 30, 2016, and redesignating Syria for TPS for 18 months, effective April 1, 2015 through September 30, 2016. The extension allows currently eligible TPS beneficiaries to retain TPS through September 30, 2016, so long as they otherwise continue…

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The Shulman Law Group Prevents Deportation Of Kidney Broker

In what appears to be a case of first impression, a Brooklyn, New York  resident previously convicted of trafficking human kidneys for patients, who were languishing on lengthy kidney transplant lists, was released from federal custody without being placed into deportation proceedings. Back in 2011, Levy Izhak Rosenbaum became the first man in the United States convicted of violating a 1984 law which banned the sale of human organs. After finishing the 2 ½ year sentence…

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Obama’s Executive Order Also Affects Families Of Stem Workers

Since the President made his announcement concerning steps his administration is taking with regards to changes in the current immigration system, most of the emphasis has revolved around the political controversy it has spurred and what it means for the millions of family members who may be able to avoid deportation and work legally in this country at least for a three-year duration. Less discussed have been the impact on STEM workers and their family members.…

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“Deporter-in-chief Or Lax Enforcer Of Border Security

The leaders of some immigrants’ rights groups contend that President Barack Obama earned the moniker “deporter-in-chief because his administration deported so many undocumented immigrants for much of his time as the head of the Executive Branch. But to many of his political opponents, the President has been too lax in his enforcement of immigration laws in this country. Both of these things cannot logically be true. In order to truly analyze the policies of this administration…

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Foreign Nationals Of Ebola-stricken Countries Seek Temporary Protective Status

The federal Department of Homeland Security (DHS) possesses executive authority under the Immigration and Nationality Act   to create special programs for immigrants coming from some countries or areas where unique circumstances have imposed difficult burdens on natives of those countries. Earlier this year the DHS had announced formation of a temporary program to reunite Haitian immigrants with their family members in the United States. Now, in the wake of the spread of the Ebola virus in…

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