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Supreme Court to Look At State Immigration Law

The US Supreme Court recently announced that it will hear arguments in Chicanos Por La Causa, Inc. v. Napolitano, 558 F.3d 856 (9th Cir. 2009), cert. granted sub nom. Chamber of Commerce v. Candelaria, (June 28, 2009) (No. 09-115).

The case involves Arizona’s Legal Arizona Workers Act, which prohibits employers from knowingly or intentionally employing …

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NYC Mayor Plans National Push For Immigration Reform

NYC Mayor Bloomberg is set to announce a major initiative to advocate for immigration reform. The initiative will advocate for an overhaul of the immigration system, including the creation of a pathway to legalization for undocumented immigrants, and the creation of a more stringent fine system against companies that employ unauthorized workers. The initiative will …

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NY Times Questions High Cost Of Immigration Fees

The New York Times recently published an editorial questioning the increasing costs of immigration on the individuals who are seeking immigration benefits. The USCIS recently announced another increase in filing fees. These increases are due to the budget shortfall that the agency faces. Over 90% of the agency’s budget is financed by the fees it …

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Recent AAO Decision Denys EB-5 Applicant's Removal of Conditions

The Administrative Appeals Office (AAO) recently upheld the Immigration Agency’s denial of an EB-5 Applicant’s Removal of Conditions. The reason for the denial was the applicants investment of his money in a project that was not approved by the USCIS.

As way of background, the EB-5 visa provides immigrant status to foreign national investors who …

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Supreme Court Rules For Immigrant In Minor Drug Conviction Removal

The U.S. Supreme Court has recently reached a 9-0 decision determining that an immigrant need not be automatically deported from the United States following a minor drug conviction. In the reviewed case the immigrant had been sentenced to 20 days in jail for having 2 ounces of marijuana and a pill of Xanax.

Despite being …

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Harvard Student Faces Deportation

The pending deportation of a Harvard Student is causing quite a controversy on Harvard’s campus. The student, was picked up when he tried to board a plane from San Antonio and Boston. He came to the United States when he was four and now faces removal to Mexico. His possible removal has stirred the pot …

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USCIS Not Sure 17 Year Marriage Is Legitimate

The New York Times recently ran an article about a couple that has been married for over seventeen years, but who have been unable to demonstrate to USCIS that their marriage is legitimate and wasn’t solely for immigration purposes. Think about that for a second – if someone married another for immigration purposes only, why …

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New York City Stokes Interview for Marriage Immigration

This past weekend, the New York Times ran an article about the Stokes Unit at the New York City USCIS Field Office. The Stokes Unit is the Immigration unit that reviews marriage visa cases to ensure that a marriage is entered into for the right reasons and that a marriage is not entered into solely …

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One Month Remains For Haitian TPS Registration

Little over one month remains eligible Haitians to apply for Temporary Protected Status (TPS) in the United States. Over 51,000 Haitians have applied for the status and all remaining eligible Haitians must apply by July 20, 2010. Failure to register before that date may bar otherwise eligible Haitians from receiving TPS status.

TPS status is …

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NYC Clinic for Victims of Immigration Fraud

On Saturday, June 19, 2010, residents of the New York City area will be able to attend a free immigration clinic to assist the victims of immigration fraud. Unfortunately, many non-attorney individuals and agencies in New York City swindle innocent victims by claiming that they can get them immigration benefits. These unscrupulous individuals and agencies …

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USCIS Set To Raise Immigration Fees Again

USCIS is poised to raise the processing fees for immigration petitions once again. The raise in fees is about ten percent across the board for all immigration petitions. Two notable exceptions to the increase are the N-400 Naturalization Fee, which will remain $595 and the K-1 Fiancee visa application, which will actually decrease in cost. …

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Building Walls With Our Neighbors

The “Let’s build a Wall” debate is center stage in the discussion surrounding Comprehensive Immigration Reform. A secondary story to that debate is the destructive effect that “enhanced” border security is having on the communities along the Northern border. For hundreds of years, Canadians and Americans have developed towns, cities, and communities along the border. …

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E-2 Visa. The Perils Of Subjective Criteria.

The E-2 visa allows for foreign national investors to obtain non-immigrant status by operating an ongoing business in the United States. E-2 status grants recipients two years of non-immigrant status in the United States and can be renewed for as long as the recipient’s business is ongoing.

Unfortunately, the E-2 visa’s criteria allows for subjective …

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Schumer Says Immigration Reform By March 2011

Senator Schumer recently told a crowd that he expects that comprehensive immigration reform will be completed by March 2011. It is assuring to know that Senator Schumer thinks that immigration reform will happen within the next two years. But March 2011 is a long ways off in the political world and it is difficult to …

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H-1B Cap Update

USCIS has recently released their weekly update on the number of cap-subject H-1B applications that have been filed for this fiscal year. As of May 28, 2010 – 20,800 H-1B petitions have been received for the 65,000 cap and 8,700 H-1B visas have been received for the U.S. Masters cap of 20,000.