LexisNexis® Legal Newsroom
NY Attorney General Shuts Down Unlicensed Visa Consultant

NYAG, Sept. 8, 2015 - "Attorney General Eric T. Schneiderman announced today that his office reached an agreement with Entertainment Visa Consultant Company (EVC) and its CEO, David King. This agreement will resolve the Attorney General’s investigation of EVC and King which revealed that King...

News Excerpts From the Oct. 15, 2015, Bender’s Immigration Bulletin

Administration Faces Criticism, Lawsuit After Revising October Visa Bulletin | The Department of State and Department of Homeland Security faced extensive criticism and a federal lawsuit after revising the October visa bulletin less than a week before it was expected to take effect. The revised visa...

Green Card Denied Because of Tattoos

Esther Yu-Hsi Lee, Oct. 26, 2015 - "An undocumented immigrant has been denied a visa into the United States to reunite with his U.S.-citizen wife and children based on tattoos that U.S. consulate officials in Mexico say are gang-related, according to the NY Daily News. Ruben Zamora crossed the...

Advance Copy of DOS Final Rule: Visa Interview Waiver Authority

This document is scheduled to be published in the Federal Register on 11/10/2015 - "This rule is promulgated to clarify the circumstances in which a consular officer and the Deputy Assistant Secretary for Visa Services may waive the requirement for a nonimmigrant visa interview."

Kowalski: "Humans Are Not Robots"

Esther Yu-Hsi Lee, Dec. 8, 2015 - "Immigration experts and lawyers who handle K-1 visa clients say that, in their experience, it’s not an easy process to exploit. ... “The applicant for a K-1 visa has to undergo very thorough security checks,” Daniel M. Kowalski, an immigration...

Cyrus D. Mehta: Will the San Bernardino Attack Make Marriages to Foreign Spouses More Difficult?

Cyrus D. Mehta, Dec. 14, 2015 - "Even if the K-1 visa is not curtailed by Congress (and hopefully that will not be the case), there is bound to be more scrutiny after the shootings. To be eligible for the K-1 visa, it is important that there be no legally valid marriage as the applicant must remain...

DOS H-2A Interim Final Rule

Federal Register / Vol. 81, No. 23 / Thursday, February 4, 2016 - "As a result of this rule, a passport and a visa will be required of a British, French, or Netherlands national, or of a national of Antigua, Barbados, Grenada, Jamaica, or Trinidad and Tobago, who has residence in British, French...

Advance Copy of DHS H-2A Interim Final Rule: Elimination of NIV Exemption for Certain Caribbean Applicants

This document is scheduled to be published in the Federal Register on 02/08/2016 - "This interim final rule revises Department of Homeland Security regulations to eliminate the nonimmigrant visa exemption for certain Caribbean residents seeking to come to the United States as H-2A agricultural workers...

Ducati Motocycle Mechanic Not Extraordinary Enough for O-1 Visa: Pellizzari v. Zuchowski

Pellizzari v. Zuchowski, Feb. 8, 2016 - "MM filed a form I-129 petition with USCIS on behalf of Plaintiff, seeking to classify Plaintiff as an O-1 nonimmigrant alien of extraordinary ability to work as a Ducati Master Technician. ... Plaintiff does not claim extraordinary ability in any area of...

Court Rules in Favor of Iraqi and Afghan Allies Suing U.S. Government Over Failure to Act on Visa Applications

Urban Justice Center, Feb. 16, 2016 - "In a landmark ruling that could affect thousands of Afghan and Iraqi allies who risked their lives supporting U.S. troops, a federal district court in Washington D.C. has denied the U.S. Departments of State and Homeland Security’s motion to dismiss a...

Parallel Proposed Rules from DOS, CBP re Waiver of Passport, Visa Requirments

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 - "This rule proposes to reinstate a 1996 amendment to a regulation in title 8 of the Code of Federal Regulations regarding a discretionary waiver of certain documentary requirements for nonimmigrants seeking admission to the United States...

Judge Tosses Immigration Suit Linked to Mexico Grandmother

Scott Sonner, AP, Mar. 12, 2016 - "The federal government does not have to explain to a Nevada man why his wife, a grandmother and farmer in Mexico, has been denied entry to the U.S. for more than 20 years under "alien smuggling" rules, a federal judge has ruled . A lawyer for Reno...

USCIS Denies Immigrant Visas to Violinist Couple

Cincinnati Enquirer, Mar. 26, 2016 - "On Wednesday, he and his Bulgarian-born violinist wife and their two U.S.-born children will board a plane to Paris that connects with a flight to the Bulgarian capital of Sofia. There, they will start a new life after living almost 14 years in the United States...

News Excerpts From the April 15, 2016, Bender’s Immigration Bulletin

Immigration Judge Paul Schmidt Announces Retirement | On March 31, 2016, Immigration Judge Paul Wickham Schmidt announced that he will retire on June 30 after more than three decades of government service. Schmidt, a judge at the Arlington (Va.) Immigration Court, previously served as the Chairman...

CA9 on Visa Denials: Cardenas v. U.S.

Cardenas v. U.S., June 21, 2016 - "A consular officer denied the visa application of Rolando Mora-Huerta, a Mexican national, on the ground that he was a “gang associate” who intended to enter the United States to engage in unlawful conduct. See 8 U.S.C. § 1182(a)(3)(A)(ii). This...

Aug. 19, 2016 DOS Cable: New Gonorrhea Testing Requirements for Visa Applicants

UNCLASSIFIED 16 STATE 93130 - AUG 19, 2016 - "The Centers for Disease Control and Prevention (CDC) has updated its Technical Instructions for Gonorrhea for Panel Physicians: http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/technicalinstructions/panel-physicians/gonorrhea.html. Panel physicians...

Former Trump Agency Models Allege Visa Violations

James West, Mother Jones Magazine, Aug. 30, 2016 - "Republican nominee Donald Trump has placed immigration at the core of his presidential campaign. He has claimed that undocumented immigrants are "taking our jobs" and "taking our money," pledged to deport them en masse, and...

Melania Trump Worked in U.S. Prior to Obtaining Work Visa

ALICIA A. CALDWELL, CHAD DAY and JAKE PEARSON, Associated Press, Nov. 5, 2016 - "Melania Trump was paid for 10 modeling jobs in the United States worth $20,056 that occurred in the seven weeks before she had legal permission to work in the country, according to detailed accounting ledgers, contracts...

New 9 FAM 601.12(U) - Discontinuation of Visa Issuance Under INA 243(d)

DOS, Jan. 3, 2017 - "INA 243(d) provides that upon being notified by the Secretary of Homeland Security that a government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident of that country, the Secretary of State shall order consular...

Resisting President Trump’s Visa Revocations - Cyrus Mehta

Cyrus Mehta, Feb. 9, 2017 - "President Trump signed an Executive Order the afternoon of Friday, January 27, 2017 which, according to its introduction, is intended to “protect Americans” but had the effect of banning travel of certain persons into to the United States who are mainly nationals...

AACRAO Urges Resistance to DOS Data Collection from Visa Applicants

[From an email dated May 16, 2017 from AACRAO ] "Colleagues, We would like to draw your attention to the Notice of Information Collection under OMB Emergency Review: Supplemental Questions for Visa Applicants (DS-5535), published at 82 Federal Register 20956 on May 4, 2017. The notice,...

DHS: More Than 600K Visitors Overstayed Visas in 2016

Mark Hensch, The Hill, May 22, 2017 - "The Department of Homeland Security reported Monday that more than 600,000 foreign travelers legally entered the U.S. in 2016 and then overstayed their visas. “Identifying overstays is important for national security, public safety, immigration enforcement...

Expert: New Visa Questionnaire May Be Travel Ban 'Lite'

Elizabeth Weise, USA Today, June 1, 2017 - "Travelers wishing to visit the United States can now be asked for their social media handles and email addresses going back five years, a new U.S. government request that's alarmed privacy advocates but which the Trump Administration says could help...

Coming, Not Going: Visa Overstays On The Rise

Michael Matza, Philadelphia Inquirer, June 9, 2017 - "Indonesia is no place for a gay man like V.S., whose survival in his Muslim-majority homeland meant a vigilantly closeted existence. When he visited Philadelphia in 2001, he intended to return home after the six months allowed by his tourist...

DOS, DHS Issue Final Rules on Waiver of Visa, Passport for NIVs

Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 - "This final rule clarifies procedures for waiver of documentary requirements due to an unforeseen emergency for nonimmigrants seeking admission to the United States. DATES: This rule is effective on October 5, 2017." Federal...