Drugs and Inadmissibility

"The humorous, somewhat cavalier attitude about drugs displayed in U.S. pop culture by no means reflects the reality faced by those present in the United States who are not citizens. For non-citizens the “Just Say No” slogan developed in the 1980s has greater meaning given the...

Why the Average Visa Applicant Can't Be Expected to Recognize a 'Crime Involving Moral Turpitude'

" In a fascinating recent decision (courtesy of attorney Stephen Heller ), the Office of Administrative Appeals determined that a visa waiver applicant is not expected to know the meaning of a “crime involving moral turpitude” (“CIMT”), with the welcome recognition that “the...

USCIS AND THE LACK OF PROCEDURES FOR SURVIVING RELATIVE PETITIONS UNDER INA § 204(l)

"This blog will focus on the problems arising in the context of surviving relatives of beneficiaries of employment-based petitions who have filed adjustment applications. Given the backlogs in the EB-3 category for India for example making people wait decades before their priority dates become current...

H-1B Hip-Hop by L.L. M-Jay

"An LLMJ creation set loosely to an old “gangsta” tune. A thank you to Elizabetha Markuci for a lyrical turn." - Myriam Jaidi, Apr. 1, 2013 .

'Hey Boss, I Need Premium Processing' - Can an H-1B Employee Pay the Premium Processing Fee?

"...This is a gray area, like so many things in immigration law, because there is no clear rule on the issue and, believe it or not, different government agencies have taken different stances on the issue over time, and of course, no one approach is clearly definitive. Anecdotal data provides some...

Framing the New Office L Visa Petition...With Help from DHS OIG

"An individual seeking to transfer to the United States as a manager or executive (specialized knowledge employees will not be addressed in this blog) comes to you for help. She may be interested in opening a new office, or may be transferred to an existing company that has been operating for more...

Highlights of 'Good Moral Character' (GMC) in Naturalization: Myriam Jaidi

" In order to qualify for naturalization, an applicant must demonstrate that she is or was a person of good moral character (GMC) throughout the relevant statutory period and through the time she takes the oath of allegiance. See Immigration and Nationality Act (INA) § 101(f); Title 8, Code...