The Child Status Protection Act
December 9, 2013
Although President Bush signed into law the Child Status Protection Act ("CSPA") nearly two months ago, many questions remain unanswered as to who will actually benefit from the law and what actions green card applicants must undertake to ensure that benefits are not lost. In an effort to answer some of these questions, the INS […]
Supreme Court Revives 212(c) Relief
December 9, 2013
Reconciling several years worth of inconsistent Federal Court rulings, Board of Immigration Appeals precedent and contrary argument from the defense bar, the United State Supreme Court issued a ruling restoring 212(c) relief to thousands of deportable aliens in the United States. The case, INS, v. St. Cyr, decided June 25, 2001, held that Federal Courts […]
Seeking an I-601 Waiver on Grounds of Inadmissibility
December 9, 2013
Even if a fiancé(e) or spousal visa petition is approved (i.e., the foreign spouse/fiancé(e) receives the right to sit for an immigration interview), that does not necessarily ensure that a visa will be issued. In fact, there are several reasons why a petitioner will be deemed inadmissible to the U.S. These include a petitioner who: […]
PERM: The Attorney's Role and Avoiding Audits
December 9, 2013
Recently, the US DOL announced its intent to automatically audit every PERM Labor Certification case a large "national" immigration law firm has filed and will file, due to inappropriate participation in the recruitment process on the part of the firm's attorneys. Since March 2005, the US Department of Labor (DOL) has been processing Permanent Labor […]
Nursing Shortage Should Be Top Priority In Health Care And Immigration Reform
December 9, 2013
As policymakers, special interest groups, health care professionals and others discuss the need for health care reform in the US and debate how this reform should take place, one of the most important issues to health care is being left out of the debate: the national nursing shortage. So far, the debate over health care […]
New Law: Visa Petitions Survive The Death Of The Petitioner!
December 9, 2013
On October 28, 2009, President Obama signed into law amendments to the Immigration & Nationality Act (INA) reversing the longstanding rule that visa petitions filed for relatives are automatically revoked upon the death of the Petitioner. The new law will ameliorate the harsh, unfair consequences resulting to thousands of beneficiaries of family and employment-based visa […]
