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...

Cyrus Mehta on Fogo de Chao v. DHS: A Significant Decision for L-1B Specialized Foreign Chefs and Beyond

"On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit in Fogo de Chao v. DHS , No. 13-5301, skewered the USCIS for denying the L-1B visa to a Brazilian churrasqueiro or gaucho chef. ... Although Fogo applied to a Brazilian gaucho chef, it can arguably be applied...

The Fate of Executive Action on Immigration After the Midterm Elections: Endelman & Mehta

"Obama had promised immigration reform to the Hispanic community and has to live up to that promise in order to secure his legacy, and to improve the chances of Democratic Presidential candidates in 2016. It would be harder for him to implement administrative immigration reform now that his party...

A TIME FOR HONEST TRUTH: A PASSIONATE DEFENSE OF PRESIDENT OBAMA’S EXECUTIVE ACTION ON IMMIGRATION

You shall neither vex a stranger, nor oppress him: for you were strangers in the land of Egypt. - EXODUS 22:21 "November 20, 2014 was a historic night. The President announced a series of executive actions to expand enforcement at the border, prioritize deporting felons not families, and require...

American Exile: Rapid Deportations That Bypass the Courtroom

"Every year, hundreds of thousands of people (83 percent) are deported from the United States without a hearing. These individuals never see a judge; instead, their rights and fates are determined by a single immigration enforcement officer in a summary removal procedure that can take mere minutes...

New Study Finds Immigration Officers Ordering Unlawful Deportations

Melissa del Bosque interviews Sarah Mehta: "More than two million people have been deported since President Obama took office in 2008. Among this massive number of deportations, an increasing number of people with valid legal claims to remain in the U.S. — even U.S. citizens — are...

Why the Lawsuit Against Immigration Executive Action Is a Waste of Time and Money

"A lawsuit was expected as soon as President Obama dramatically announced that his immigration executive actions could impact more than 5 million people. It is already here. On December 3, 2014, Texas took the lead with 18 other states in a lawsuit against the United States asserting that the President’s...

LET'S HOPE THAT'S WHAT IT MEANS: DOES EXECUTIVE INITIATIVE REALLY PROVIDE FOR EARLY ADJUSTMENT OF STATUS?

"Now that we have had a chance to exhale, a nagging doubt clouds this emerging optimism: Is early adjustment of status really what is contemplated? While White House briefings and talking points certainly suggested this was the case, a stubborn yet deliberate reading of the various memoranda uncovers...