One Step Forward, Two Steps Back: Immigration Benefits for Same-Sex and Domestic Partners in India

"The question of immigration benefits to same sex couples is still a far cry in India. India not only disallows same sex marriages, it also currently criminalizes relationships between same sex partners, terming them as unnatural." - Cyrus D. Mehta and Ramya Mahesh, Dec. 20, 2013 .

TOP 10 POSTS ON THE INSIGHTFUL IMMIGRATION BLOG IN 2013

"Thank you for reading and supporting The Insightful Immigration Blog. Listed below are the top 10 most viewed blogs in 2013. We will continue to provide insightful commentary on contemporary immigration issues in 2014, and wish all of our supporters and well wishers a very happy New Year! While...

Does BALCA Speak For DOL? - Reflections on Island Holdings: Gary Endelman & Cyrus D. Mehta

" In the ongoing litigation over the authority of the Department of Labor (DOL) to promulgate H-2B prevailing wage methodology in the Third Circuit, Louisiana Forestry Ass’n v. Secretary of Labor , No. 12-4030, the DOL wrote a letter stating that the Board of Alien Labor Certification Appeals’...

GOP Principles on Immigration - A Path to Legal Status

"Even if there is no special path to citizenship, the GOP document does not state that such legalized individuals cannot seek permanent residence and citizenship through normal channels within the existing, and most likely a reformed immigration system. While it would be really beneficial for the...

Transmission of American Citizenship Through ART - Update: Gary Endelman & Cyrus D. Mehta

"The Department of State has announced a major and most welcome policy shift to facilitate the transmission of American citizenship to children born outside the United States using Assisted Reproductive Technology (ART). It will no longer be necessary in all such cases for the “mother “to...

Cyrus D. Mehta on PERM, Laid-Off U.S. Workers

" The Department of Labor's Employment and Training Administration has added a new question and answer (Q&A) to its frequently asked questions (FAQ). The new Q&A concerns notification and consideration of laid-off U.S. workers for PERM labor certification applications. ... Unfortunately...

Was the Attorney Really Ineffective in Kovacs v. USA?

"In Kovacs v. United States , the United States Court of Appeals for the Second Circuit reversed a lower district court’s decision denying a writ of error coram nobis to vacate a 1999 guilty plea to misprision of felony on the ground that his lawyer rendered ineffective assistance. While the...

The ACA's Impact on LPRs Residing Outside the USA: Endelman & Mehta

"[U]nless the IRS provides more specific guidance, it is not clear at this time whether an LPR who takes the bona fide residence exception for purposes of shielding foreign income can also be deemed to have the minimum essential coverage. LPRs who seek to claim a section 911 type foreign earned...

Obama's Paradoxical Deportation Policies: Cyrus D. Mehta

"The President must no longer fear doing something big and consequential on the immigration front. Some may justifiably fear that if the President ameliorates the plight of undocumented people through administrative reform measures, another President can quickly undo them; and therefore it is best...

WHY WE SHOULD ALL BE MAD ABOUT THE H-1B VISA CAP - Cyrus D. Mehta

"The USCIS announced today, April 9, 2014, that it had received 172,500 H-1B visa petitions for the 65,000 H-1B regular cap and the 20,000 additional cap for graduates with advanced degrees from US universities. This is much more than the 124,000 H-1B visa petitions the USCIS received in 2014. The...

Cyrus D. Mehta on Immigrant Power: Naturalized American Wins Boston Marathon

" Today is a day to celebrate. One year after the devastating bombings at the Boston Marathon, Meb Keflezighi won the Boston marathon. Keflezighi is a naturalized American . "I'm blessed to be an American and God bless America and God bless Boston for this special day," Keflezighi...

Will Kazarian Change the O-1 Visa?

"[T]o wrap the O-1 in an analytical straitjacket is yet another disturbing example of legislation through interpretation by the USCIS. While the INA itself does not change, what it means most certainly does change. All this comes about without the assent of Congress, whether expressed or implied...

Work Authorization for Some H-4 Spouses Liberates Them from the Tyranny of Priority Dates: Gary Endelman & Cyrus D. Mehta

"The proposed rule provides that an H-4 spouse may apply for employment authorization if the principal H-1B spouse is the beneficiary of an approved I-140 immigrant petition; or, if the H-1B spouse been granted an extension of beyond the 6-year limitation pursuant to section 106(a) of the American...

Mental Competency Issues in Immigration Practice: Cyrus D. Mehta

"It is already hard enough for an immigration lawyer to represent a foreign national client in an immigration proceeding, given the language and other cultural barriers, along with the fact that immigration law can be extremely complex and unforgiving. On top of this, an immigration lawyer who represents...

Mehta & Isaacson: Hidden Silver Linings in Cuellar de Osorio?

"Cuellar de Osorio does contain some seeds of hope for better outcomes in the future. ... [A] majority of the Court agrees that the meaning of §1153(h)(3) is an ambiguity subject to Chevron deference, rather than suggesting, as the Second Circuit had done in Li v. Renaud, that a narrow reading...

Immigration Reform by Administrative Action: Two Aces Up the President's Sleeve

"Not counting family members and expanding parole in place can be a potent combination for nearing comprehensive immigration reform administratively in the face of Congressional inaction. The waits in the EB and FB preferences will disappear, and family members waiting abroad can unite with their...

DACA Renewals and Executive Action: MIchelle S. Velasco

"I have personally processed over 100 DACA applications in the past two years. When talking to these young immigrants and their families, it is often impossible to tell apart the individuals who were born here and the ones who were brought here. DACA requestors speak like Americans, look like Americans...

Unaccompanied Child Migrants to the U.S. - A Drop in the Bucket and So Much Hype

" The overreaction surrounding 57, 000 unaccompanied children who have come to the United States, with a population of 300 million, is not befitting of a great nation of immigrants. Indeed, some of the reaction against these children has been nothing short of disgraceful. The waiving of the American...

Do We Really Have to Wait for Godot? - Endelman & Mehta

"While the Obama administration is working on unveiling administrative fixes to reform the immigration system, we wish to revive one idea, which we discussed in The Tyranny of Priority Dates . We propose that aliens caught in the crushing employment-based (EB) or family-based (FB) backlogs could...

The Policy Implications Arising From the Blanket Recusal Order of an Immigration Judge

"The recent lawsuit filed against the Department of Justice by an Iranian American immigration judge, raises interesting questions regarding the use of a blanket recusal order by the Agency in the absence of a fact-specific analysis or showing of actual bias on the part of the Immigration Judge...

Families Counted Together Stay Together: How to Eliminate Visa Backlogs

"There is nothing in the Immigration and Nationality Act that requires each derivative family member to be counted on an individual basis against the worldwide and country caps. That being so, President Obama tomorrow can issue an executive order providing that this long-established practice be...

Impact of EB-5 Retrogression on the Regional Center Loan Model: Cyrus D. Mehta

"The China EB-5 retrogression will result in other unique problems not experienced in other immigrant visa preference categories. Most EB-5 regional center investments are based on a loan rather than an equity model . EB-5 investors invest into the new commercial enterprise (NCE) of a regional center...

Modi, Visas and Religious Freedom Inadmissibility Grounds: Cyrus D. Mehta

"Indian Prime Minister Narendra Modi has been welcomed by the Indian diaspora without reservations in the United States. This is his first trip to the United States after his tourist/business was revoked on May 18, 2005 under Section 212(a)(2)(G) of the Immigration and Nationality Act (INA). Under...

KERRY V. DIN: AN OPPORTUNITY FOR THE SUPREME COURT TO RECONSIDER THE DOCTRINE OF CONSULAR NON-REVIEWABILITY

"Not since the landmark case of Kleindienst v. Mandel , 408 U.S. 753 ( 1972) has the Supreme Court revisited the well-settled doctrine of consular nonreviewability. That may be about to change as the Supreme Court has agreed to hear Kerry v. Din , Docket No. 13-1402. The vehicle for this doctrinal...

Ebola and Immigration Law

What is the law governing the arrival of citizens, green card holders, and foreigners with tourist or student visas, who might - or might not - have communicable diseases? Cyrus D. Mehta and David A. Isaacson answer those questions . It's more interesting - and more complicated - than you might think...