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Senate Committee Passes Immigration Bill

S. 744, the immigration bill that will change the game for U.S. immigration, passed the Senate Judiciary Committee on Tuesday. The bill passed with a firm 13-5 bipartisan vote....more

5/24/2013

Are You Using The Correct I-9 Form? Previous Editions No Longer Accepted

Beginning May 7, 2013 U.S. Citizenship and Immigration Services (USCIS) requires all employers to use the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications. ...more

5/14/2013 - Forms I-9 USCIS Verification Requirements

Electronic I-94 Arrival/Departure Record Takes Effect

As we reported last month, U.S. Customs and Border Protection began efforts to automate Form I-94 Arrival/Departure Records. The interim final rule published in March has now taken effect. The new electronic system roll-out...more

5/3/2013 - Customs and Border Protection Form I-94

Incorrectly Filed I-601As Are Being Rejected

Since March 4, 2013, USCIS has been accepting applications for Provisional Unlawful Presence Waivers (“Form I-601A”). Many of these applications have been rejected, however, because customers did not provide proof that the...more

5/2/2013 - Department of State I-601A Immigrants USCIS Visas

Customer Identity Verification to be Implemented at USCIS Field Offices

Beginning May 6, 2013, USCIS will implement Customer Identity Verification (“CIV”) in its field offices. This will require individuals to submit biometric data (fingerprints and photographs) when appearing for interviews or...more

4/23/2013 - Applications Biometric Information Eligibility USCIS Verification Requirements

Immigration Reform Bill Formally Filed

The group of Senators known as the “Gang of Eight” formally filed the long-awaited immigration reform bill this morning. The Border Security, Economic Opportunity, and Immigration Modernization Act of 2013, as it has been...more

4/18/2013 - Immigrants Immigration Reform RPI Visas

Automated Arrival/Departure Record Coming Soon

On March 27, 2013, U.S. Customs and Border Protection (“CBP”) published its interim final rule (Effective April 26, 2013) to automate Arrival/Departure Record (“Form I-94”). Form I-94 provides nonimmigrant visitors to the...more

4/2/2013 - Customs and Border Protection I-94 Cards

CBP To Automate Form I-94 Arrival/Departure Record

The U.S. Customs and Border Protection (CBP) announced that it will be automating Form I-94 Arrival/Departure Record. CBP recently submitted a rule for publication in the Federal Register allowing for the change, which will...more

3/28/2013 - Customs and Border Protection I-94 Cards

Separation of Families Under U.S. Immigration Law

On March 14th, the U.S. House Committee on the Judiciary hosted a hearing on The Separation of Nuclear Families under U.S. Immigration Law, to discuss the issues relating to the hurdles that many legal permanent residents in...more

3/19/2013 - Immigration Reform Lawful Permanent Residents Visa Caps

The Chicago Regional Center: A Lesson in Due Diligence

In the wake of the Security and Exchange Commission’s lawsuit against Anthoo R. Sethi, founder of the Chicago based EB-5 regional center who defrauded 250 foreign investors, many are now questioning the EB-5 program. What...more

3/15/2013 - EB-5 Foreign Investment Green Cards Investors SEC USCIS Visas

Budget Cuts Lead to Release of Undocumented Immigrants

As the result of uncertainty about the agency's budget, U.S. Immigration & Customs Enforcement (“ICE”) announced that it will release hundreds of undocumented immigrants from detention centers across the country. Broad...more

3/4/2013 - ICE Immigration Detention Centers Sequestration Spending Cuts Undocumented Immigrants

Padilla v. Kentucky Not Retroactive

On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires attorneys to tell immigrant clients that they can be deported if they plead guilty to certain...more

2/26/2013 - Deportation Guilty Pleas Immigrants Ineffective Assistance of Counsel

Visas: Issuance of Full Validity L Visas to Qualified Applicants

Current State Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security regulations, cannot exceed three years. ...more

2/22/2013 - DHS L-Visas Permanent Residence Cards Refugees U.S. Nationals

Immigration Reform Highlights from the Senate Committee on the Judiciary Hearing

The once illusive and ambitious ideal that was Comprehensive Immigration Reform (“CIR”) has been steadily making its way toward reality. Beginning with the bi-partisan framework recently introduced by the “Gang of Eight,” CIR...more

2/21/2013 - DHS Entrepreneurs Family Reunification Gang of Eight Immigration Reform Path To Citizenship Undocumented Immigrants

Proposed Reform to Fuel Entrepreneurship

In a bid to reduce the loss of talent and jobs to countries like Canada, Chile and the United Kingdom, a bipartisan group of U.S. senators, including Jerry Moran, R-Kan., Mark Warner, D-Va., Chris Coons, D-Del. and Roy Blunt,...more

2/18/2013 - Entrepreneurs Immigration Reform Startup Act 3.0 Students Technology Visas

Senators Reach a Bipartisan Agreement for Comprehensive Immigration Reform

A bipartisan group of eight senators has reached an agreement for legislation that could be the beginning of the comprehensive immigration reform we have all been waiting for. The proposal was announced on Monday and...more

2/1/2013 - Bipartisan Agreement Border Security Green Cards Immigration Reform Undocumented Immigrants

DHS Statement May Force States to Review Driver License Policies

The Department of Homeland Security (DHS) clarified on Friday, January 18, 2013, that undocumented youth who are given work permits and deportation reprieve under the Deferred Action for Childhood Arrivals (DACA) program are...more

1/24/2013 - Deferred Action DHS Driver's Licenses USCIS Work Permits

DOS Announces Mexico-US Business Facilitation Program

The Business Facilitation Program (BFP) is designed to facilitate business travel for employees of participating companies. Qualifying firms will have access to expedited visa processing for employees traveling to the U.S. on...more

1/22/2013 - Business Facilitation Program Business Visas Department of State Visas

Violence Against Women Act Not Reauthorized but Backers Hope to Revive It

On January 2, 2013, the United States 112th Congress officially ran out its term and did not vote the Violence Against Women Act (VAWA) for reauthorization. VAWA, drafted by then-Senator Joe Biden and signed into law by...more

1/10/2013 - Domestic Violence Immigration and Nationality Act VAWA

USCIS Publishes Final Regulation Implementing the Provisional I-601A Unlawful Presence Waiver

On January 2, 2013, the U.S. Citizenship and Immigration Services (USCIS) announced the publication of the final regulation concerning the new provisional unlawful presence waiver process. The new regulation will promote...more

1/2/2013 - Unlawful Presence Waivers USCIS Visas

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