The Department of Homeland Security (DHS) will allow Haitian F-1 students who were in the United States on January 12, 2010 to apply for work permits. The DHS previously issued Temporary Protected Status (TPS) to Haitians in response to the devastating earthquake. Haitian nationals holding F-1 nonimmigrant status or any other type of status should consider consulting with a competent attorney […]
The Board of Immigration Appeals (BIA) in Matter of Garcia-Garcia, 25 I&N Dec. 93 (BIA 2009) held that an Immigration Judge can review and consider whether to modify the conditions of release imposed upon a foreign national by DHS ICE. This means that if Immigration and Customs Enforcement gives a foreign national the option of paying a bond to be released and/or […]
Office of Immigration Litigation publishes Immigration Consequences of Criminal Convictions in response to Supreme Court decision in Padilla vs. Kentucky. I disagree with some of their analysis on exceptions and waivers including the one for drug possession crimes and crimes of violence aggravated felonies, to name a few. Nonetheless, it is very instructive for the non-immigration litigator. “In view of the Supreme Court’s […]
The BIA addressed convictions for solicitating a prostitute in Matter of GONZALEZ-ZOQUIAPAN , 24 I&N Dec. 549 (BIA 2008) and found that: A single act of soliciting prostitution on one’s own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(D)(ii) (2006), which provides for the inadmissibility of an alien who “procured . . . prostitutes […]
H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010 Cap Type Cap Amount Cap Eligible Petitions Petition Target Date of Last Count H-1B Regular Cap 65,000 36,600 9/3/2010 H-1B Master’s Exemption 20,000 13,400 9/3/2010 Ricky Malik, Esq. greencard@mail.com
On August 13, 2010, President Obama signed into law Public Law 111-230 which contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. The H-1B fee increase applies to companies who employ 50 or more employees in the U.S., and if more than 50% of those employees are in H-1B or […]
Arrested yesterday on charges of knowingly employing and harboring illegal aliens. It sounds like he employed undocumented immigrants, yet that definition may include harboring. ‘”ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal alien workforce,” said John P. Torres, special agent in charge of the ICE Office of Homeland Security Investigations (HSI) in Washington, D.C. “No […]
The Board of Immigration Appeals in Matter of Fidel Antonio SANCHEZ-CORNEJO, 25 I&N Dec. 273 (BIA 2010) held that “The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating […]
In Matter of CASILLAS-TOPETE, 25 I&N Dec. 317 (BIA 2010) the Board of Immigration appeals held that ” An alien is removable under section 237(a)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(A) (2006), as one who was inadmissible at the time of entry or adjustment of status pursuant to section 212(a)(2)(C) of the Act, 8 U.S.C. § […]
Visa Bulletin for October 2010. CLICK HERE. Ricky Malik, Esq. greencard@mail.com
