How Immigration Enforcement Works (or Doesn’t) in Real Life

A new report by the Center for Immigration Studies, “Deportation Basics: How Immigration Enforcement Works (or Doesn’t) in Real Life,” discusses the ground-level process of what is now called “removal proceedings” and the issues that surround it. The report is available at here. Among the findings: •A large percentage of aliens flee from removal proceedings … Read more

USCIS Issued FAQ on Gap between F and H status

USCIS issued an FAQ today that discusses the automatic extension of post-completion Optional Practical Training (OPT) and F-1 status in the U.S. for students with pending or approved H-1B petitions for an employment start date of 10/1/11, under the Fiscal Year 2012 H-1B cap. Which petitions and beneficiaries qualify for a cap-gap extension? H-1B petitions … Read more

How Does Passport Expiration Date Affect I-94 Period of Stay

Visitors traveling to the United States are required to be in possession of passports that are valid for six months beyond the period of their intended stay in the United States. Citizens of certain countries are exempt the six-month rule and need only have a passport valid for their intended period of stay. When travelers … Read more

USCIS to Issue Employment Authorization and Advance Parole Card for Adjustment of Status Applicants

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS)  announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents. The card looks similar … Read more

New Application and Petition Fees Go Into Effect on Nov. 23, 2010

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds customers that its new fee schedule goes into effect Nov. 23, 2010.  Applications or petitions postmarked or otherwise filed on or after this date must include the new fee, or they will be rejected. The new fee schedule increases application and petition fees by an average of about … Read more

Immigration Jokes

“They say there are about 12 million illegal immigrants in this country. But if you ask a native American, that number is more like 300 million.” -David Letterman “Arizona signed the toughest illegal immigration law in the country, which would allow the police to demand identification papers from anyone they suspect is in the country … Read more

Traveling Outside the U.S. as an Asylum Applicant, an Asylee or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status

USCIS on January 4, 2007 issued a “fact sheet” regarding traveling outside the U.S. as an asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status. Those people are subject to special rules. For an asylum applicant, if he leaves the U.S. without first obtaining advanced parole, he will … Read more

Criminal Defense Counsel Has a Sixth Amendment Obligation to Inform a Defendant About Immigration Consequences

Supreme Court holds that criminal defense counsel has a Sixth Amendment obligation to inform a defendant about immigration consequences or to advise when  consequences are clear. http://www.supremecourt.gov/opinions/09pdf/08-651.pdf The case, Padilla v. Kentucky, involved a Vietnam War veteran who has resided lawfully in the U.S. for over 40 years.  His criminal defense lawyer advised him on the guilty plea … Read more