Immigration RSS Feed

Provisional I-601 Waivers Likely to Streamline Visa Application Procedure and Reduce Separation of Families

Igbanugo Partners Int'l Law Firm — Thu, 26 Jan 2012 23:27:00 EST

Foreign nationals who have accrued unlawful presence in the U.S. are barred from re-entering the country for three years (if they were unlawfully present for at least 180 days but less than one year) or 10 years (if they were unlawfully present for one year or more). This is commonly known as the 3/10-year bar.

False Claims to U.S. Citizenship: Hidden Pitfalls and Potential Defenses

Igbanugo Partners Int'l Law Firm — Thu, 29 Dec 2011 21:36:00 EST

For the most part, U.S. immigration laws are complex and confusing. Some are little known or frequently overlooked. Some carry serious consequences that may result in a permanent bar to immigrating to the U.S. One provision that is especially problematic is section 212(a)(6)(C) of the Immigration and Nationality Act (INA). This dictates that any foreign national who falsely claims to be a U.S. citizen for any purpose or benefit under the INA or any federal or state law, including to obtain a job or vote in the U.S., is permanently inadmissible to the U.S. Such a false claim also makes the person removable from the U.S.

"Secure Communities" Study Reveals Disturbing Trends

Igbanugo Partners Int'l Law Firm — Thu, 17 Nov 2011 23:53:00 EST

John Morton, director of U.S. Immigration and Customs Enforcement (ICE), recently announced that his agency deported 400,000 persons this past fiscal year that ended in September. This is the largest number of removals in the agency�s history and the third year in a row that a new record was set. Currently, almost 300,000 individuals are in deportation proceedings.

ICE credits much of its success to a targeted enforcement strategy, which focuses removal efforts on criminal offenders and others who pose a threat to national security. Central to this strategy is a program called Secure Communities, the newest and most controversial immigration enforcement program.

Unintentional Abandonment of Lawful Permanent Resident Status: Causes, Consequences and Prevention

Igbanugo Partners Int'l Law Firm — Fri, 21 Oct 2011 21:23:00 EST

Becoming a Lawful Permanent Resident (LPR) of the United States is often a long and difficult process for foreign nationals. Obtaining LPR status leads to a multitude of benefits, including the freedom to live and work anywhere in the U.S., as well as qualify for social welfare programs and government financial aid for higher education. It is also one step closer to becoming eligible for U.S. citizenship.

Immigration Court Backlog Rises; Obama Administration Instructs DHS to Focus on Terrorists, Serious Criminals and National Security Threats

Igbanugo Partners Int'l Law Firm — Thu, 15 Sep 2011 20:26:00 EST

Ten years after the 9/11 terrorist attacks, the Department of Homeland Security (DHS) and Immigration & Customs Enforcement (ICE) still insist that their enforcement priorities are terrorists, serious criminals, and persons who pose a threat to national security. But the Transactional Records Access Clearinghouse (TRAC) reports that this claim is misleading.

EB-5 Immigrant Visa Program: An Option for Foreign Investors to Invest in the U.S. and Obtain Permanent Residence for Themselves and Their Immediate Relatives

Igbanugo Partners Int'l Law Firm — Fri, 05 Aug 2011 16:28:00 EST

The recent collapse in the worldwide economy has led to an increase in violence, instability and crime in many countries across the globe. Wealthy foreign nationals in the Middle East, Africa and Latin America are seeking a safer environment to live and invest their money. Although some European countries, Canada, and Australia offer safer territories to invest, they have very limited immigrant visa programs for entrepreneurs and the investments are heavily taxed.

A Glimmer of Hope: The U.S. Supreme Court Upholds In-State Tuition for Undocumented Youth in California

Igbanugo Partners Int'l Law Firm — Tue, 05 Jul 2011 23:14:00 EST

Despite the lack of comprehensive immigration reform, there is a glimmer of hope for the millions of undocumented youth living in the United States. On June 6, 2011, the U.S. Supreme Court declined to hear a challenge to a California law, �AB 540,� that allows undocumented students to attend state colleges and universities at in-state tuition rates. The Supreme Court�s refusal to examine the case means that California�s undocumented immigrant youth will continue to reap the benefits of reduced tuition in the state�s institutions of higher education.

The DREAM Act: A Proposed Bill for Motivated, Undocumented Youths to Become Legal Immigrants

Igbanugo Partners Int'l Law Firm — Mon, 23 May 2011 17:48:00 EST

Over three million students graduate from U.S. high schools every year. Most get the opportunity to pursue a college degree, strive for their vocational goals, and reach for their American dream. According to the PEW Hispanic Center in Washington, D.C, however, approximately 65,000 youths do not get this opportunity because they are smeared with the inherited label of being illegal immigrants.

Marriage Fraud: Definition, Consequences & Solutions

Igbanugo Partners Int'l Law Firm — Wed, 27 Apr 2011 17:57:00 EST

Marriage transcends religion, language, culture and, in some cases, even gender. Although marital rights are recognized almost everywhere in the world, each country defines them differently. The reasons to marry include legal, social, emotional, economical, spiritual and religious factors, and vary across individuals as well as cultures.

U.S. Government Welcomes Haitian Orphans While Resuming Removal of Haitians With Criminal Records

Igbanugo Partners Int'l Law Firm — Mon, 31 Jan 2011 22:32:00 EST

The USCIS Field Operations Directorate and Office of Public Engagement invite all interested parties to participate in a teleconference on Wednesday, February 9, 2011 at 2:00pm (EST) regarding the Help Haitian Adoptees Immediately to Integrate Act of 2010 (Help HAITI Act of 2010).

Debate Over Birthright Citizenship: A Devious Distraction from Needed Reform

Igbanugo Partners Int'l Law Firm — Thu, 02 Sep 2010 22:47:00 EST

The debate over abolishing birthright citizenship is one more distraction from fixing our broken immigration system. Instead of focusing on comprehensive reform, Republican leaders are proposing constitutional amendments to deny citizenship to �anchor babies� � a derogatory term used to describe children born in the U.S. to undocumented immigrants.

Draconian Arizona Law Sparks Renewed Hope for Comprehensive Immigration Reform

Igbanugo Partners Int'l Law Firm — Thu, 01 Jul 2010 21:33:00 EST

Last April, the State of Arizona passed bill SB1070, probably the toughest immigration law targeting undocumented immigrants ever enacted in the nation. This law allows state officials to inquire into the immigration status of any person based upon 'reasonable suspicion' that the person is undocumented. The bill literally reads: �For any lawful contact made by a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person.� The new Arizona law revitalized the immigration reform debate, which was sidetracked by the economic downturn and health care overhaul.

U.S. Supreme Court Rules that Non-Citizen Defendants Must Be Advised of Immigration Consequences of Criminal Charges

Igbanugo Partners Int'l Law Firm — Thu, 06 May 2010 18:55:00 EST

Immigration regulations and criminal law intersect when a non-citizen is charged with a crime and faces possible immigration consequences, including deportation, if he is convicted of the offense. Criminal defense counsels sometimes advise their clients to plead guilty to obtain a reduced sentence or to avoid the risk of going to trial. For non-citizens, however, the effects of the criminal charge on their immigration status and their ability to stay in the United States have the deepest and most lasting consequences.

H-1B Season Quickly Approaching

Igbanugo Partners Int'l Law Firm — Fri, 12 Mar 2010 18:18:00 EST

Starting on April 1, 2010, USCIS will begin accepting cap-subject H1B petitions, with employment start dates no earlier than October 1, for the fiscal year 2011 (FY11) H-1B cap season. USCIS will continue to accept petitions until the annual cap is met.

U.S. Supreme Court Preserves Judicial Review For Foreign Nationals Seeking To Reopen Removal Proceedings

Igbanugo Partners Int'l Law Firm — Wed, 03 Feb 2010 17:56:00 EST

On January 20, the U.S. Supreme Court held in Kucana v. Holder that a law barring judicial review of discretionary decisions of the Attorney General applies only to decisions made discretionary by statute, not to decisions that the Attorney General himself declares as discretionary by regulation.

The Center for Disease Control and Prevention (CDC) Removes HIV Ban and Issues New Vaccination Criteria for U.S. Immigration

Igbanugo Partners Int'l Law Firm — Tue, 05 Jan 2010 18:06:00 EST

CDC Says HIV Infection is No Longer a Communicable Disease

Foreign nationals who are determined to have a �communicable disease of public health significance� are inadmissible to the United States, according to U.S. federal regulation. Those applying for adjustment to lawful permanent resident status or for an immigrant visa abroad must receive a medical examination to demonstrate they are not inadmissible on public health grounds.

U Visa Program Offers Protection to Immigrant Crime Victims

Igbanugo Partners Int'l Law Firm — Wed, 02 Dec 2009 23:25:00 EST

Immigrant crime victims generally lack access to the criminal justice system because of language barriers, cultural differences, and ignorance about the process. Most of all, their fear of deportation and separation from family members discourages them from seeking police protection, shelter, medical care and other social services.

Department of State Issues December 2009 Visa Bulletin

Igbanugo Partners Int'l Law Firm — Fri, 13 Nov 2009 16:39:00 EST

The Department of State's (DOS') Visa Office (VO) has released the visa numbers for the month of December. The Employment First Preference category remains current for all chargeability areas. The Worldwide Employment Second Preference cutoff and the Second Preference cutoffs for Mexico and the Philippines are also current. The China mainland-born cutoff remained at April 1, 2005, and the India Second Preference cutoff remained at January 22, 2005.

Updates from the U.S. Citizenship & Immigration Services

Igbanugo Partners Int'l Law Firm — Mon, 02 Nov 2009 08:06:00 EST

USCIS Naturalization Test to Become Fully Implemented

Effective Oct. 1, 2009, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

�Becoming a United States citizen carries with it extraordinary rights and responsibilities,� said USCIS Director Alejandro Mayorkas.  �Our new test captures the meaning of citizenship and is consistent with our values and history as a nation.�

Applications for Change of Status: What to do when your plans change during a temporary stay in the U.S.

Igbanugo Partners Int'l Law Firm — Fri, 02 Oct 2009 05:20:00 EST

Each year, millions of foreign nationals use a non-immigrant visa (NIV) to enter the United States and remain here on a temporary basis.  There are various categories of NIVs and they all place restrictions on the amount of time foreign nationals may remain in the U.S. and on the type of activities in which they may engage.  For example, the B-2 NIV allows for tourist activities, while the F-1 allows a foreign national to pursue studies in an educational institution.