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Immigration Law

Immigration Law Answers Blog

News, Information, Opinions, and Online Resources for People with Immigration Questions.
By Robert Kraft

Post Frequency: 2.9/day

Last Entry: March 07, 2011 at 17:08:57

Six Counties in Texas Join "Secure Communities" Program

Posted on February 05, 2009
On January 22, 2009, we posted a blog message discussing the Secure Communities program administered by U.S. Immigration and Custom’s Enforcement (ICE) that facilitates the process for ICE to determine if an individual in local custody is a potentially deportable criminal alien...

Target of Immigrant Raids Shifted from Criminals to Non-Criminals

Posted on February 04, 2009
An article in the New York Times today reveals that a federal program originally intended to find and deport illegal aliens with criminal records has been altered to focus on easier targets - aliens with no criminal records and no deportation orders outstanding...

Approval Notice of Form I-539 Left Blank - Correction On the Way

Posted on February 02, 2009
A foreign national in the United States on a non-immigrant visa requesting either to extend status or change from one non-immigrant status to another must file Form I-539. If you filed Form I-539 and received an blank approval notice from the Vermont Service Center (VSC), the VSC has corrected the error, and will send your correction notice shortly...

Effective Date of Revised Form I-9 and Its Regulatory Changes Delayed

Posted on February 02, 2009
In a previous message posted January 23, 2009, we noted that a new version of Form I-9 would become effective February 2, 2009. Employers who hire new employees must verify employment eligibility and complete a Form I-9. The new rule would amend the types of acceptable documents employees may present to their employers for completion of Form I-9...

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Court Fight Over Illegal-Immigrant Rental Ban Becoming Expensive For Farmers Branch

Posted on January 24, 2009
The latest development in the seemingly never-ending saga of Farmers Branch's battle against illegal immigrants may have the city dipping into its savings to pay for the continuing court costs. I've written many times about this ill-advised (in my opinion) attempt by the city to keep illegal immigrants away by forcing landlords to become immigration cops...

Farmers Branch To Delay Some Projects To Cover Budget Shortfall

Posted on January 24, 2009
Here's a quick follow-up to my last post about the effect on the budget of Farmers Branch of that city's pursuit of the goal of driving illegal immigrants from the city. These excerpts are from a Dallas Morning News story today: Farmers Branch officials have opted to put off some street maintenance projects as well as some vehicle and equipment purchases to cover a projected shortfall of nearly $1...

New Visa Waiver Program for Guam and Commonwealth of Northern Mariana Islands

Posted on January 23, 2009
Effective June 1, 2009, citizens of certain countries are allowed to seek admission to Guam and the Commonwealth of Northern Mariana Islands (CNMI) without a visa, pursuant to the Guam-CNMI Visa Waiver Program. To participate in the program, travelers must posses a valid passport; present a valid and completed form I-94 and Form I-736; must not have previously violated any prior admission to the U...

New Version of Form I-9 Required Beginning 2/2/09

Posted on January 23, 2009
Employers must complete form I-9 for all employees, citizens, and non-citzens who are hired and working in the United States. The new version must be used on February 2, 2009 and thereafter. It is available at the U.S. Citizenship and Immigration Service Web site.

New Program Notifies ICE of Criminal and Immigration History

Posted on January 22, 2009
The Department of Justice (DOJ) and the Department of Homeland Security (DHS) have developed a new program that enhances identification and removal of criminal aliens. The program, known as Secure Communities, is administered by U.S. Immigration and Customs Enforcement (ICE), and provides ICE and other local agencies immigration history information on an individual who is booked into jail...

US-VISIT Program: Requires Fingerprints At Inspection

Posted on January 17, 2009
The Department of Homeland Security (DHS) United States Visitor and Immigrant Status Indicator Technology (US-VISIT) program upgraded its biometric data gathering technology to make the entry process into the United States faster and more accurate. When entering the United States at major U...

New Requirements For Travelers From All Visa Waiver Program Countries

Posted on January 15, 2009
There are 35 countries that are authorized to participate in the Visa Waiver Program (VWP). The VWP allows citizens or nationals of the authorized countries to travel to the U.S for business or tourism for stays of 90 days or less, without first obtaining a visa...

Immigration Prosecutions Surge Under Bush Administration

Posted on January 13, 2009
As reported in the Dallas Morning News, immigration prosecutions in the federal courts more than quadrupled during the eight years of the Bush administration and Texas' two border districts led the nation in the surge, according to a new report by a Syracuse University research center...

Noncitizens Have No Right to Counsel in Deportation Cases, Mukasey Finds

Posted on January 10, 2009
From the Journal of the American Bar Assocition: Days before a new presidential regime will be in place at the White House, U.S. Attorney General Michael Mukasey issued a written opinion (PDF) yesterday finding that noncitizens have no constitutional right to counsel in deportation proceedings...

Bush Regrets Immigration Reforms Weren't Approved

Posted on January 10, 2009
From The Associated Press: President George W. Bush told a group of Texas reporters Friday that he regretted immigration policies were not reformed while he was in office. "I'm very disappointed that it didn't pass," he said in an interview with correspondents from his home state...

New Rules Implemented For Religious Worker Visas

Posted on January 07, 2009
In an effort to detect and deter fraud in the religious worker program, U.S. Citizenship and Immigration Services (USCIS) implemented significant changes to the special immigrant and non-immigrant (R-1) religious worker rules. The new rule became effective November 26, 2008...

Foreign professionals In U.S. Face Uncertain Futures As Joblessness Rises During Recession

Posted on January 05, 2009
A recent Associated Press article provides a good summary of the dilemma faced by foreign workers as the U.S. economy deteriorates. These workers are finding themselves less in demand, and are searching for alternative jobs or other means of maintaining their immigration status and stay in the United States...

Last-Minute Changes To Farm Worker Program Create Controversy

Posted on January 04, 2009
Here's an interesting debate about last-minute changes to the H-2A agricultural worker program proposed by the Bush administration. As expected, employers who would benefit from the changes are in favor, and American farm workers who might be harmed are opposed...

Re-Entry Permits - Get Biometrics Expedited Before Departing U.S.

Posted on December 31, 2008
Lawful permanent residents (LPR) who are outside the United States for a short period of time, and seek entry back into the U.S. must present their permanent resident card (“green card”). If an LPR is going to be outside of the U.S. for more than one year, then the LPR must apply for a re-entry permit...

New Form DS-160 Submitted Online - Ciudad Juarez, Mexico

Posted on December 30, 2008
Non-immigrant visas are for foreign nationals seeking to enter the United States for a temporary period of time. The type of visa a foreign national will apply for will depend on the purpose of the trip. Non-immigrant visas can be for study, tourism, or business, to name a few...

Immigration Officials Curb Sedation Of Deportees

Posted on December 29, 2008
Here's a bit of good news from Immigration and Customs Enforcement - ICE is reducing the number of deportees they sedate, and is using less-powerful drugs when they do sedate people. Here are excerpts from an article in the Dallas Morning News: Federal immigration officials, over the past year, have dramatically curtailed the controversial practice of sedating deportees with powerful anti-psychotic medication...

Get Your Fee Refunded If No Expedited Passport Service

Posted on December 23, 2008
Individuals who applied for U.S passports, paid the additional $60 for expedited service, and have reason to believe they did not receive the expedited service, may request a refund of the $60 expedited passport fee. Refunds are determined by the Department of State on a case-by-case basis...

Editorial: New Texas ID Provides Useful Immigration Tool

Posted on December 18, 2008
An editorial in the Dallas Morning News today reaches the opposite conclusion than my earlier posts on the new Texas drivers licenses for immigrants. The News believes this will reduce profiling, and I think it will increase discrimination against legal immigrants...

In Farmers Branch, Hispanics Now Top Demographic Group

Posted on December 16, 2008
There is an interesting twist to the continuing sage of the Farmers Branch, Texas efforts to restrict housing in that city to legal residents, and to exclude illegal immigrants. The latest census data show that Hispanics are now the largest demographic group in Farmers Branch, edging out whites...

B-1 Visas For Domestic Workers

Posted on December 15, 2008
U.S. citizens residing abroad may qualify their personal servants or domestic workers for B-1 status during a temporary trip to the United States. Temporary trip usually means six months or less. Since the foreign domestic worker will engage in employment in the United States, he or she will apply for work authorization once admitted in the United States...

B-2 Extension of Status Application Filed Months Ago...still waiting for decision?

Posted on December 11, 2008
Did you enter the United States on a B-2 tourist visa, file an extension of status in the U.S., and a decision on the extension of status application is still pending? U.S. Citizenship and Immigration Services (USCIS) is currently taking eight to twelve months to adjudicate a B-2 extension of status application...

Opponents Call New Driver's License Rules For Foreign Nationals 'Institutionalized Racism'

Posted on December 10, 2008
I've written before about the new Texas law requiring foreign nationals to use a different form of driver's license than that used by U.S. citizens. Now opponents of that law are calling on politicians to rescind the rule. The Dallas Morning News had a good story on this subject today...

Interim Final Rule: Non-Immigrants With "T" & "U" Visas Can Now Adjust Their Status To Lawful Permanent Residents

Posted on December 08, 2008
The Department of Homeland Security (DHS) published a new interim rule today allowing certain visas holders in “T” and “U” classification to adjust their status to lawful permanent residents. The rule also provides for adjustment of status for family members of a principle T or U visa holder...

Competitors Hiring Illegal Aliens? Rat them out!

Posted on December 07, 2008
That's the premise behind the Web site WeHireAliens.com. You can go there and report any business you suspect hires illegal aliens. You need not have any evidence at all, and you certainly don't have to leave your name or reason for reporting the business...

Pentagon To Recruit Aliens On Visas

Posted on December 05, 2008
Bulletin from Associated Press: WASHINGTON (AP) — Struggling to find enough doctors, nurses and linguists for the war effort, the Pentagon will temporarily try to recruit foreigners who have been living in the states on student and work visas as well as on refugee and political asylum status...

Latest Development In Farmers Branch Illegal-Immigrant Ban Efforts

Posted on December 05, 2008
In what is becoming a financial disaster for the Dallas suburb of Farmers Branch, a judge has now ordered collection of more electronic documents from the city. As everyone probably knows, Farmers Branch has been trying for quite a while to enact city ordinances banning illegal immigrants from living there...

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