Ballard Spahr LLP: EB-5 Program Reforms Proposed

By Debbie A. Klis and Ellen Jerrehian Legislation has been introduced in the U.S. House of Representatives to reform and make permanent the EB-5 Immigrant Investor Program (EB-5 Program). The American Entrepreneurship and Investment Act of 2014 (the Act) seeks to provide certainty to investors and...

News Excerpts From the April 15, 2014, Bender’s Immigration Bulletin

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers to noncitizens who the agency has “reason...

Penn State Law Clinic Launches Third Circuit Immigration Blog for Practitioners

"A new blog by clinic students at Penn State Law is designed to help practitioners stay up-to-date on the latest Third Circuit immigration decisions. A collaboration between the Penn State Center for Immigrants’ Rights and the Pennsylvania Immigration Resource Center (PIRC), the blog covers...

If Congress Balks, White House Poised to Act on Immigration

Two stories on this topic from the Washington Post 4-10-14 and the Los Angeles Times 4-9-14 . Stay tuned!

Expert: Obama Has a 'Difficult Decision' to Make on Immigration

"Immigration champion Rep. Luis Gutierrez feels confident that President Barack Obama will use his executive powers to push through reform. House Speaker John Boehner feels confident that doing so will tank what little support the President has among Republicans on immigration reform. They're...

White House Will Take Executive Action on Immigration...Or It Won't

Conflicting reports from Washington: "House Democrats, who are stepping up the pressure on Republicans to take up comprehensive immigration reform legislation, said Tuesday the Obama administration is getting ready to take executive action on the matter very soon." - Washington Examiner...

DHS, White House Consider Administrative Relief, Including Bond Hearings

"Obama administration officials are considering allowing bond hearings for immigrants in prolonged detention, officials said, a shift that could slow the pace of deportations because immigration courts expedite cases of incarcerated immigrants. ... With legislation at an apparent impasse, the White...

AFL-CIO Recommends Administrative Action on Immigration

"As Republicans continue to abdicate their responsibility to the country by preventing a vote on comprehensive immigration reform (HR 15), families and communities across the country remain under siege. In response to this ongoing tragedy, the Department of Homeland Security can and should take...

News Excerpts From the May 1, 2014, Bender’s Immigration Bulletin

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

Expert: Obama May 'Fine Tune' Immigration Policy by Administrative Action

"Conventional political wisdom suggests that immigration reform in a midterm election year has a snowball's chance in July of getting any traction. But maybe that wisdom isn't so conventional. Some Republicans say they are warily preparing for the possibility that President Barack Obama...

Immigration Legislation or Executive Action Will Shape Latino Vote

"Last summer, in the wake of the US Senate’s passage of S. 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act,” Latino Decisions, in concert with America’s Voice, identified three tiers of Democratically and Republican held competitive House...

Changes To Immigration Enforcement Potentially Coming ‘Pretty Soon’ - Jeh Johnson

"The Obama administration will announce “pretty soon” how it plans to remodel enforcement of the nation’s immigration laws and potentially “realign” deportation policies, Homeland Security Secretary Jeh Johnson told ABC News in an exclusive interview. This comes...

News Excerpts From the May 15, 2014, Bender’s Immigration Bulletin

USCIS Issues New Guidelines on Credible Fear Interviews On February 28, U.S. Citizenship and Immigration Services issued new guidelines for asylum officers charged with determining whether applicants possess credible fears of persecution or torture in their home countries. According to a memorandum...

Immigration Helps American Workers: The Definitive Argument

"[R]esults support the admittedly counterintuitive notion that -- as long as labor markets remain flexible -- immigration actually creates more jobs and can push up wages for native-born workers . Here are the main reasons why that's true." - Lydia DePillis, Washington Post WonkBlog, May...

North Carolina: Undocumented Worker’s Fatal Heart Attack While Fleeing Immigration Service Raid on Employer Was Not Compensable

The death of a lumber mill employee, who came to the United States from Mexico, who had used falsified documentation to obtain employment, and who suffered a fatal heart attack as he and other undocumented workers ran from the employer’s premises in an effort to avoid what they thought was an imminent...

News Excerpts From the June 1, 2014, Bender’s Immigration Bulletin

CBP Launches Website for I-94 and Travel History Retrieval On May 1, 2014, U.S. Customs and Border Protection (CBP) introduced a new website that will allow nonimmigrants in the United States to obtain their I-94 arrival/departure records for any point within the past five years without filing a request...

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...

News Excerpts From the June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

The Salas Dilemma -- Full Frontal Assault on Workers’ Rights vs. Equitable Defenses to Illegal Conduct

You be the judge in this controversial case involving what some call undocumented worker Armageddon Karen C. Yotis, Esq., a Feature Resident Columnist for the LexisNexis Workers’ Compensation eNewsletter , provides insights into workplace issues and the nuts and bolts of the workers’ comp...

An American Life, Lived in Shadows

"Oklahoma’s restrictions did not reduce Oklahoma’s [unauthorized] immigrant population, census figures show. While some families fled, others came and tens of thousands more — like Ignacio and his family, who requested that only their first names be used — have stayed put...

High Court Splits 5-4 on Part of Child Status Protection Act

Scialabba v. Cuellar de Osorio, 2014 U.S. LEXIS 3991 (June 9, 2014) : The BIA’s textually reasonable construction of the Child Status Protection Act’s ambiguous language was entitled to deference, meaning that an aged-out “child” cannot retain his or her priority date if a new...

Is Section 7202 an Aggravated Felony for Immigration Purposes?

Section 7202, here , criminalizes the following conduct: Any person required under this title to collect, account for, and pay over any tax imposed by this title who willfully fails to collect or truthfully account for and pay over such tax shall, in addition to other penalties provided by law, be...

Guilty Pleas in Houston Immigration RICO Cases

"A man and woman from Houston pleaded guilty Tuesday to racketeering violations in connection with an employment referral conspiracy. Lina Sun, 54, and Chenglun Ma, 57, pleaded guilty to racketeering influenced and corrupt organizations (RICO) conspiracy charges before U.S. Magistrate Judge Keith...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the July 15, 2014, Bender’s Immigration Bulletin

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...