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New Mexico Supreme Court Applies Padilla Retroactively to 1990

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010), held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective...more

Immigration Marriage Fraud and the Hurdles to Proving a Marriage is Genuine

One of the ways individuals can qualify for a green card is through a petition filed by a spouse who is a United States citizen or a lawful permanent resident. However, the marriage must be valid, and not one of convenience...more

Phone Scam Targets Immigrants

Around this time last year, we reported on telephone scams involving callers purporting to be immigration officers contacting foreign nationals to demand money. Recently, there have been reports of a similar scam targeting...more

Judge Rules to Limit Mandatory Detention of Immigrants in California

On Thursday May 15, United States District Court Judge for the Northern District of California, Yvonne Gonzalez Rogers granted a motion for a preliminary injunction and motion for class certification in Preap v. Holder, a...more

FinCEN Advisory Addresses Risks Presented By Citizenship-by-Investment Program

On May 20, FinCEN issued Advisory FIN-2014-A004, warning financial institutions about the risk of illicit financial activity conducted by individuals with passports from St. Kitts and Nevis (SKN), which allows individuals to...more

U.S. Supreme Court Declines to Reinstate Arizona Law Criminalizing the Harbor of Illegal Immigrants

The Background of Arizona’s Immigration Reform - Arizona has been a bellwether state in terms of immigration reform. In 2010, the Arizona legislature passed a sweeping immigration package, which was then signed into law...more

Tips To Prepare Your Company For An I-9 Audit

The Immigration Customs and Enforcement division (ICE) of the Department of Homeland Security, continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served over 3,000...more

Supreme Court Won’t Hear Immigration Enforcement Case

The Supreme Court is refusing to hear a Maryland immigration enforcement dispute. The Court announced it won't hear Frederick County’s appeal of a ruling last August by the 4th U.S. Circuit Court of Appeals. The dispute now...more

Second Circuit Vacates Conviction After Counsel Misstated Deportation Consequences

The United States Court of Appeals for the Second Circuit recently vacated the 1999 conviction of an Australian national living in the United States for misprision of felony. The court granted a writ of error after Stephen...more

USCIS to Reopen All I-601A Waiver Applications Denied before January 24, 2014 Based on a Criminal Offense

On March 18, 2014, USCIS announced that it would be reopening all I-601A waiver applications that were denied prior to January 24, 2014, if the denials were based solely because of a prior criminal offense committed by the...more

UPDATE: Developments in the Ukraine and Impact on Investments

On Sunday, Crimea voted to secede from Ukraine. The EU and U.S., which consider Sunday’s referendum in Crimea to be illegal, retaliated with sanctions. The nature of these is set out below as a further update to the Alert...more

How a Reluctance to Deport Pop Stars Strengthens US Immigration Policy  [Video]

Mar. 13, 2014 -- Lenni Benson, professor at New York Law School and Director of the Safe Passage Project, talks about the general reluctance within the American immigration system to deport sports and entertainment...more

Deportation Coming Up in Season 6 of “The Real Housewives of New Jersey”: Real Immigration Problems for Celebs Teresa and Giuseppe...

On March 4, 2013, two of the stars of the Bravo Network television show, “The Real Housewives of New Jersey,” pleaded guilty to several counts of fraud and other charges in a federal court in Newark, New Jersey. Teresa and...more

Weekly Recap Ethics News and Trends – March 3, 2014

Public servants with the utmost integrity also need to be aware of what is happening ethically around the state. In today’s climate, every public agency’s image is impacted by the missteps or misconduct of others. Below...more

Immigration Alert: January 2014

I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more

USCIS Issues Guidance Clarifying “Reason to Believe” Standard for I-601A Waivers

On January 24, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum clarifying the “reason to believe” standard for denying I-601A provisional unlawful presence waiver applications involving...more

US-India Relationship is Rocky Over Handling of Alleged Visa Fraud

The arrest, strip-search and brief incarceration of Indian diplomat Devyani Khobragade last month sparked international outrage, including widespread protests in India, and created tension between U.S.-India relations. A...more

Bye, Bye Bieber: Canadian Pop-Star of “Extraordinary Ability” Could be in Extraordinary Trouble with U.S. Immigration Law

Famed teen heart throb, Justin Bieber, is in trouble . . . again. On January 23, 2014, Bieber was arrested in Miami Beach, Florida, and charged with a DUI, resisting arrest, and driving with an expired driver’s license....more

Infosys I-9 Audit Results Likely to Trigger ICE Audits of Computer Consulting Firms

Infosys Limited’s recent $34 million settlement with the U.S. Government resolved the threat of criminal charges against the company based on allegations of visa fraud. During the course of the investigation, U.S. Immigration...more

Misuse Of Visas Lands Tech Giant In Hot Water

Infosys, an Indian technology outsourcing company, has agreed to pay a fine of $34 million after an extensive investigation by federal prosecutors in Texas. The investigation alleged that the tech giant misused the B-1...more

ICE Seizes Counterfeit Domain Names

On December 2, U.S. Immigration and Custom Enforcement's (ICE) Homeland Security Investigations announced in a press release that 706 domain names set up to “dupe” consumers into buying counterfeit goods had been seized by...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Immigration Fraud Whistleblower Likely to receive a $5M Bounty from Infosys’s $34M False Claims Act Settlement: Is Your Business...

On October 30, 2013, Infosys Limited (“Infosys”), an Indian IT company, signed a settlement agreement with the United States in the Eastern District of Texas to resolve allegations that Infosys knowingly presented to...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

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