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State Department FAQ on Same Sex Immigration Benefits

In June, the US Supreme Court determined that the Defense of Marriage Act (DOMA) was unconstitutional. Within days, the USCIS and several other federal agencies indicated that it would begin treating same sex married couples the same as heterosexual married couples. Although it was a bit longer in coming compared to the USCIS, the Department …

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Taiwan To Join Visa Waiver Program

The Dpartment of State has announced that Taiwan will soon be added to the list of countries participating in the Visa Waiver Program. As a member of the visa waiver program, qualifying Taiwan citizens will be able to enter the United States without obtaining a visa.

Taiwan joins a growing list of countries (now 37) …

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Dreamer Deferred Action to Begin August 15th – Maybe

Back in June, the President announced that the government would grant deferred action to qualifying individuals who entered the United States before turning 16, and who were not in status on that date. Qualifying individuals will be able to gain work authorization and not face removal from the United States.

However, for most individuals the …

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Stateside Processing of I-601 Forms

The USCIS has announced its decision to begin stateside processing of the I-601 application by individuals who are determined to be ineligible for admission to the United States by U.S. consulate officials overseas. The change is meant to make for a more consistent and efficient processing of the applications.

Currently, if a person is determined …

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June 2012 Visa Bulletin Released

The Department of State has just released the June 2012 Visa Bulletin announcement. Major highlights of the bulletin include the unavailability of EB-2 Visas for Indians and Chinese, and the four month advancement for EB-3 Chinese.

It is unlikely that the EB-2 Visa priority date for Indians and Chinese will advance until after the beginning …

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Romney Changing Course on Immigration Debate

A few months ago I mentioned that Presidential Candidate Mitt Romney had taken a very rigid stance on certain immigration policies. For example, he stated that he would veto any Dream Act legislation that came before him.

Now that Romney has become the all-but-nominated Republican candidate, it is expected that Romney will start trying to …

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NPR Reports On Alabama Immigration Law Fallout

Recently, the NPR show, This American Life, broadcast a report from Alabama that discusses the fallout from that state’s passage of a restrictive immigration law. The report, entitled “Ripe What You Sow“, provides an in-depth review of what consequences have developed since the law’s enactment. Most disturbing to me was not what was actually written …

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Some I-601 Extreme Hardship Waivers May Soon Be Filed While In United States

On January 6, 2012, the USCIS (U.S. Citizenship and immigration Services) announced its intentions to “reduce the time that U.S. citizens are separated from their spouses and children” when certain unauthorized immigrants are in the United States and face the possibility of the 3/10 year bar if they depart the United States. The USCIS made …

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Most EB1 Applicants Already In United States

Each year, the Department of Homeland Security provides statistics from the previous year. These statistics provide great insight into immigration trends – especially when compared to previous years’ statistics.

This holds especially true for the best and brightest immigrants – including those applying through the extraordinary abilities visa and the outstanding professors and researchers visa. …

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Alabama Immigration Law Successful In Arresting Lawfully Present Auto Workers

In the last few weeks, the controversial Alabama Immigration Law has successfully led to the arrest of two foreign national auto workers. Unfortunately, both auto workers were in the United States lawfully, and their arrest only served to 1) unnecessarily burden Alabama’s police departments, 2) unnecessarily antagonize foreign auto companies who have invested millions (billions) …

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USCIS to Centralize All N- 600 Form Filings

The US Citizenship and Immigration Services has announced that beginning October 30, 2011, it will begin requiring all N- forms to be filed as secure lockbox facilities instead of at local immigration agency offices.

This change is meant to improve the efficiency and security of the process. The forms that will now be filed at …

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Is the Alabama Immigration Law A Good Thing?

That is probably not a question that you would expect an immigration lawyer to ask. But it is a valid question – especially now that it is being [partially] enforced. Hear me out…

During the last month, the new Alabama law has been much maligned:

Alabama farmers complain that their harvests are rotting in the …

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Latest EB-5 Visa Statistics

The USCIS has announced the following statistics concerning the EB-5 visa for investors. The EB-5 visa is a permanent investor visa that allows an applicant and his or her immediate family to gain permanent residency through the investment of between $500,000 and $1 million. This investor visa offers two unique processes to gain the status …

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E-2 Visa Interviews At Vancouver, Canada Consulate

The E-2 Visa allows for foreign nationals from certain countries to come to the United States to set up a profitable company, and to remain in the United States on a renewable, nonimmigrant visa. A unique condition of the E-2 visa process is that the visa is almost always obtained at U.S. consulates abroad. Canadian …

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Immigration Legislation Introduced Into Congress

The last month has seen many new immigration bills introduced into Congress. Some of these bills look like viable steps towards improving the immigration policy of the United States – others do not invite such positive words.

Two recently introduced bills are the Legal Workforce Act and the IDEA Act of 2011.

The Legal Workforce …

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