Visa Lawyer BlogI-601 Waiver Attorney – Do Officers have Discretion In 601 Determinations
ILW.com recently published an interesting article by a former USCIS officer stationed at the London US Embassy, working on I-601 waivers. The question we all ask is whether officers exercise discretion when adjudicating 601 waivers, or are they following the law with respect to the extreme hardship standard.
Officer Heller explains: “When I was adjudicating I-601 waivers at the US Embassy in London my colleagues and I used to theorize on the element of discretion in waiver determinations. Some adhered to a strict constructionist view (discretion only comes into play once extreme hardship is established), others favored what I call a holistic approach (discretion, in a general sense, allows for a contextual assessment of hardship factors).”
He further stated: “In my experience, the holistic approach to 601 waiver adjudication was, in effect, a means of ratcheting the extreme hardship standard one way or another. As such, an individual deemed inadmissible on account of an overstay of one year and two months might enjoy a more relaxed standard than someone who overstayed five years. Similarly, an applicant who worked as a nurse might have an easier time of establishing extreme hardship than, say, a web designer (n.b. I said “applicant” and not “qualifying family member”). Considerations such as those suggested above are not really related to extreme hardship, but they are clearly relevant for assessing discretion.”
Can we expect an immigration revamp in Obama’s first 100 days?
According to NPR, it’s not likely, and if nothing else that’s because of the economy. Labor economist Vernon Briggs of Cornell University says it’s harder to argue for legalizing millions of low-skilled immigrants when many more low-skilled Americans are likely to find themselves out of work.
“The unemployment rates for unskilled workers without high school diplomas, or only a high school diploma, are the highest in the United States,” says Briggs. “There’s no indication that our labor force is in desperate need of unskilled, poorly educated, non-English speaking workers.”
Supporters of legalization see it differently, arguing that the best way to make sure immigrants do not pose an unfair threat to American workers is to make the immigrants legal. But even ardent immigrant advocates admit the economic collapse does change something else.
Pre Approval Authorization Required for All Visa Waiver Countries
It may become even harder to travel to the US if you are from a visa waiver country. The U.S. Department of Homeland Security announced that beginning Jan. 12, 2009, eligible citizens or nationals from all Visa Waiver Program (VWP) countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP. DHS formally announced the addition of seven allies to the list of countries authorized to participate in the VWP. The seven countries are the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia.
DHS state that required authorization through ESTA will substantially strengthen the security of the VWP by providing the department with the capability to conduct advance screening of VWP travelers. I feel that this will cause substantial delays and complications for travelers from such countries.
San Diego Immigration Lawyer – San Diego to check immigration status of arrestees in jail
The San Diego Union Tribune reports that San Diego County is set to participate in a new federal initiative that gives local law enforcement the ability to use fingerprints to check the immigration history and status of people who land in county jails. This is clearly a shift in the understanding that police officer are not immigration agents. But this will may well start to change.
The federally funded U.S. Immigration and Customs Enforcement program was announced this week by agency officials during the International Association of Chiefs of Police conference at the San Diego Convention Center.
For our Veterans – Expedited Naturalization For War Veterans
Today is Veterans day, and I wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.
As it relates to immigration, On July 3, 2002, President George W. Bush signed an Executive Order allowing certain noncitizens to become Naturalized citizens of the United States if they served an in an active-duty status during the war on terrorism. (See Expedited Naturalization of Aliens & Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism, 67 Fed. Reg. 45287 (7/8/02), Executive Order (President). Download file
Additionally,as a Gulf War veteran, one may be eligible for expedited Naturalization under Immigration and Nationality Act section 329, Naturalization through Active-Duty Service in the Armed Forces during World War I, World War II, Korean Hostilities, Vietnam Hostilities, or in other Periods of Military Hostilities. For example, if one performed active duty military service during the Persian Gulf (August 2, 1990 April 11, 1991) or on or after September 11, 2001, one may be eligible for expedited Naturalization.
Combined EAD and Advanced Parole Documents – Maybe not so good
The American Immigration lawyers Association requested an update on USCIS plans to test and issue a combined EAD/Advance Parole (AP) document. AILA understands that USCIS believes a combined EAD/AP document may help further the agency’s goal of increased efficiency and workload reduction. The concern is that the use of such a document by certain individuals will make them subject to the three- and ten-year bars to inadmissibility under INA 212(a)(9)(B)(i)(I) and (II).
The current stand-alone AP document contains warnings on travel by those individuals who may trigger the bars upon departure from the United States. If USCIS moves forward with the issuance of a combined EAD/AP document we strongly urge USCIS to include such warnings on the new combined document. In addition to ensuring that the appropriate warnings are included on any combined EAD/AP document, please find the following additional questions from AILA:
Would an applicant be able to affirmatively request or to opt-out of a combined document and retain the ability to request a stand-alone EAD and AP?
San Diego Immigration Lawyer – Immigration drove Latinos to Obama
According to the San Diego Union Tribune, although economic concerns reduced immigration to nearly a nonissue by the time the presidential campaign drew to a close, political experts believe it was largely responsible for the record turnout of Latino voters Tuesday, 66 percent of whom supported Barack Obama.
According to national exit poll results analyzed by the Pew Hispanic Center, only 32 percent of Latinos voted for Republican candidate John McCain, in spite of the Arizona senator’s track record as a proponent of immigrant-friendly reforms. That total represents a significant drop from what George W. Bush amassed in 2004. Bush received between 40 percent and 44 percent of the Latino vote that year and 35 percent in 2000.
But the heated immigration debate that dominated headlines two years ago, when hundreds of thousands marched in San Diego and other cities demanding reforms, may have been the catalyst that sent Latinos to the polls.
Why Obama may back an H-1B increase even in a recession
An excellent article by Patrick Thibodeau from ComputerWorld, touches the issue of possible H1B visa Green Card increase by President Obama. While his position on immigration is not entirely clear, Obama is smart enough to link the US prosperity with a major Immigration reform.
President-Elect Barack Obama has supported the H-1B visa program and wants to make changes to green cards that would help tech firms. There wasn’t much said about this issue during the presidential campaign, especially after Wall Street collapsed. It also never came up in the debates between Obama and Republican John McCain. Now we’re in a recession and unemployment is rising. Can Obama push ahead on tech-related immigration issues at this time? He might, and in this FAQ, here’s an explanation of how that might happen.
Some tech lobbyists believe that increases in H-1B visas and green cards won’t happen as long as U.S. companies are cutting jobs. But that will mean the debate will shift as well. “What do we need to do to ensure that we can grow our way out of this [downturn], innovate our way out this? You can’t have that discussion without talking about immigration,” said Robert Hoffman, vice president of congressional and legislative affairs at Oracle Corp., and co-chairman of Compete America, a lobbying group that supports raising the H-1B visa cap.