Visa Lawyer Blog

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Felony cultivation of marijuana in violation of Cal. Health & Safety Code §11358 is categorically an aggravated felony drug trafficking crime under INA §101(a)(43)(B).

In August 1999, Petitioner, a lawful permanent resident, was convicted of felony cultivation of marijuana under Cal. Health & Safety Code §11358. Petitioner was charged with deportability for having been convicted of a controlled substance. The immigration judge concluded that Petitioner’s conviction constituted an aggravated felony which rendered him ineligible for relief from removal. The BIA affirmed and Petitioner was deported to Mexico in August 2004. In November 2004, Petitioner was arrested in California and indicted under INA §276 as a previously deported alien found in the U.S. without the permission of the Attorney General or DHS.

Petitioner moved to dismiss the indictment, arguing that his prior deportation was invalid because the IJ failed to inform him that he was eligible for cancellation of removal.

Read the Decision here Download file

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U.S. Sen. Edward M. Kennedy has a deadly brain tumor, doctors treating him at Massachusetts General Hospital said Today. Sen Kennedy is a true Icon, Kennedy’s contributions to the U.S. Senate are historic, where he has represented Massachusetts since 1962.

On May 16, 2008 Kennedy wrote a letter to Secretary of Homeland Security expressing outrage about the recent ICE raids targeting Illegal immigrants parents at their children’s schools. Read the Letter below
We all wish Sen. Kennedy a quick recovery.

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ComputerWorld’s Patrick Thibodeau is doing an excellent job covering H1B and the Green Crisis in the past two years. I was happy to be interviewed for his H1B article coverage in early April. His most recent article regarding the need for Green Card Fix is right on the money.

He states: Fixing the permanent residency, or green card employment-based, visa program has been a top legislative goal of high-tech industry proponents, on par with their efforts to raise the H-1B cap.

And Lofgren, who heads the U.S. House Subcommittee on Immigration, is in the position to move legislation to the head of the class. But it remains to be seen whether she can jump over the legislative stalemate created by lawmakers who want comprehensive immigration reform or nothing at all. Rep. Zoe Lofgren (D-Calif.) has introduced three bills in the past few weeks to help foreign nationals already working in the U.S. obtain permanent residency.

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The recent number of raids, arrests, and criminal indictments against employers for worksite violations across the State by the Immigration and Customs Enforcement (“ICE”) branch of the Department of Homeland Security are clear indications that employers are on the frontline of the government’s efforts to stop illegal immigration.

Today Immigration and Customs Enforcement agents executed a criminal search warrant at a popular Pacific Beach bakery and restaurant, The French Gourmet, and have taken workers suspected of being illegally in the country into custody. I actually like the place and often get baked goods for the weekend. Recent raids against employers believed to have unauthorized workers have been based on ongoing criminal investigations by ICE. ICE has arrived at worksites with both criminal and civil warrants. It has searched businesses, frozen bank accounts, and arrested not only employees but also employers. I can only wonder why this little place was targeted and investigated. Read the Story here

So what can I advice the Owners of the French Gourmet?

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We previously covered the abuse that many European visitors suffer at the ports of entry to the US.

Each year, thousands of would-be visitors from 27 so-called visa waiver countries are turned away when they present their passports, said a spokeswoman for Customs and Border Protection. In the last seven months, 3,300 people have been rejected and more than 8 million admitted.

Read the shocking story of an Italian visitor, and his 10 day detention at an Immigration Jail for no apparent reason. Click here to Read

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In the past few weeks we succeeded in getting several Extreme Hardship (I-601 Waivers) approvals at the US Consulate in Ciudad Juarez. The amazing thing is that many of these cases got approved the same day. Here is a detailed report of the experience by one of our clients. We hope this information will help the numerous families that are about to embark on this difficult journey.

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This is my complete experience of becoming a legal permanent resident. I hope it helps those who are going through this confusing time.

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Some news to report in the Immigrant Investor Visa category. USCIS approved the Southeast Los Angeles Regional Center for the EB-5 Pilot Program. The USCIS also approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program.

Click Here to Read the Approval Letters for Southeast LA Download file

Click here for the LA Film Regional Center Download file

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We continue our updates on the new TN visa extension rules. USCIS announced today that it is publishing a Notice of Proposed Rulemaking to increase the maximum amount of time a Trade- NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay. The proposal will extend the maximum period of admission for TN workers from one year to three years, the same term that USCIS currently may grant to H-1B specialty occupation workers.

The proposed rule will further allow eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN nonimmigrants are not subject to a maximum period of stay and thus may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible. Current regulations require that TN workers seek readmission or apply for an extension of stay each year.

More about TN visas read here

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Immigration lawyers and impatient immigrants have been waiting too long for something to happen, and the new Bills introduced a few days ago may be a blessing. One Bil, H.R. 5882, to “recapture” employment-based (EB) green cards that Congress authorized in the past but that went unused before the end of past fiscal years due to government processing delays. Analysts estimate that approximately 200,000 unused EB green cards will be brought back into supply for all employment-based workers.

A new Bill to save he Nursing Shortage has been introduced as well. It is HR 5924, The key points of the legislation are:

1. Lifting of retrogression for Schedule A workers – Any immigrant visa quotas or caps are waived for all visa applications filed for Shortage Occupations (Schedule A occupations: Physical Therapists and Registered Nurses), provided that the I-140 is filed prior to September 30, 2011.

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