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Bad Timing, Alberto: BIA Confirms Immigration Benefits for Same-Sex Spouses after U.S. v. Windsor

"Former Attorney General Alberto Gonzales, along with an immigration attorney, David Strange, published an Op Ed in the New York Times entitled What the Court Didn’t Say on July 17, 2013. They muddy the waters by contending that despite the recent Supreme Court decision in United States v...

THE LAZARUS EFFECT: HOW COMPREHENSIVE IMMIGRATION REFORM CAN SURVIVE THE HOUSE GOP AND COME BACK TO LIFE

"... The authors have since 2010 been advocating the ability of the President to ameliorate the plight of non-citizens trapped in a broken system through administrative measures . We have also proposed that the President can resolve the crisis in the backlogs in the employment and family based preferences...

America, Syria and CIR: Endelman & Mehta

"... If America, as a superpower, continues to play the role of a cop in world affairs by virtue of its superpower status, it will have more moral legitimacy to do so if it embraces people from the world through a humane and compassionate immigration system. ..." - Gary Endelman & Cyrus...

Parole in Place: The Secret Sauce for Administrative Immigration Reform

"The extension of PIP to the families of current or former military service men and women is a proper recognition of their contribution to the nation and an attempt to benefit those who have given so much to the rest of us. While such logic is compelling, why not expand its application to other...

I Pledge Allegiance: The Naturalization Oath and Dual Citizenship

"[S]ince the United States manifestly cannot alter the relationship that any subject or citizen has with the country of their birth or prior citizenship, the import of the naturalization oath lies exclusively as an expression of American attitude and belief. The requirement to renounce all allegiance...

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...

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...

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...

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...

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...

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...

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...

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...

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...

The Laboratories of Democracy: State Initiatives and Promotion of Immigration Reform

"Although states have been experimenting with their own initiatives on immigration, they have been related to mainly punitive enforcement laws, the most notorious being Arizona’s SB 1070. Section 2(B) of the Arizona law, which was upheld by the Supreme Court in Arizona v. USA , requires police...

Squaring the Immigration Circle: New Hope for an Old System - Endelman & Mehta

" The Immigration Innovation Act of 2015 (S. 153) (“I-Squared” Act) was introduced by Senators Hatch (R-UT), Klobuchar (D-MN), Rubio (R-FL), Coons (D-DE), Flake (R-AZ), and Blumenthal (D-CT). When partisan rancor is the norm in Congress, the I-Squared Act is genuinely bipartisan, and...

MYTH OR REALITY: IS THE DHS TRULY SERIOUS ABOUT VISA MODERNIZATION FOR THE 21ST CENTURY?

"On November 21, 2014, as part of President Obama’s Executive Actions, the President issued a memorandum to modernize and streamline the U.S. immigrant and nonimmigrant visa system for the 21 st century. The DHS followed up by publishing a notice in the Federal Register on December 30, 2014...

Who is 'Lawfully Present' Under the ACA? - Gary Endelman & Cyrus Mehta

"Many non-citizens will be subject to additional payment to the Internal Revenue Service if they do not maintain “minimum essential healthcare coverage” under the Patient Protection and Affordable Care Act (Affordable Care Act – ACA). This is known as the “individual mandate”...

American Cannot Be 'Open for Business' With an H-1B Visa Lottery

[Editor's Note: Usually I quote snippets, but this entire column is worth reading in full. Emphasis (bold) mine. DMK] " In America, the best day of the week has always been tomorrow except, it seems, when it comes to immigration . On April 1, 2015, U.S. Citizenship and Immigration Services...

Will the New L-1B Guidance Bring Fewer Denials...Or More of the Same? - Gary Endelman & Cyrus D. Mehta

" If there is one visa uniquely suited to advance America’s competitive position in the global marketplace, it is the L-1B intra-company transferee visa for specialized knowledge employees. In an increasingly specialized economy where expertise should trump nationality, the notion of “specialized...