Immigration and Firm News

Anchor Babies - The Myth "Anchor Baby" is a derogatory term and a figment of imagination. Anchor for what? Nativists believe that immigrants come to the US to "drop babies" so they can bestow an immigration benefit upon the parents. This is pure nonsense and not the law or fact! There are no immigration categories in our present system that allow a U.S. born child under 21 to sponsor his or her parents! Under current law, whether the parents entered legally or illegally, they will have to … [Read more...]

On September 7, 2010, the American Civil Liberties Union (ACLU), the New York Civil Liberties Union (NYCLU), the National Association of Criminal Defense Lawyers (NACDL), the National Press Photographers Association (NPPA), and Pascal Abidor, a dual French-American citizen, sued the U.S. Department of Homeland Security (DHS) challenging as unconstitutional DHS policy that allows border agents to search electronic media without suspicion or warrants. The case is Abidor, et al v. Napolitano, No. … [Read more...] out of Tennessee reports an August 27, 2010 AP news item indicating that 27 of 820 people scooped up by the state wildlife department for fishing without a license, and who also lacked identification, turned out to be immigrants who were turned over to Davidson County Jail. The Jail then turned them over to US Immigration and Customs and Enforcement (ICE) for deportation. Davidson County is one of many jurisdictions across the country that has signed a "287(g)" agreement with ICE. … [Read more...]

In its efforts to be more transparent, USCIS issued a draft adjudication policy memo for public comment due by September 3, 2010. The draft memo instructs adjudicators how to evaluate evidence in EB-1 and EB-2 creme de la creme employment based visa petitions for permanent residence. The policy memo is a response to the 9th Circuit Court of Appeals decision in Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010). EB-1 cases include "extraordinary ability" workers in the arts, science, business, … [Read more...]

Two new electronic procedures have been introduced by the U.S. State Department (DOS) concerning visa processing at U.S. Consulates abroad. One is new final rule that allows DOS to require applicants to use a new web-based online DS 260 form. This form will eventually replace the hard copy DS 230 form used for processing immigrant visas. For the last several months, temporary non-immigrants have been using a web-based online DS160 form for non-immigrant visas. While the State Department may … [Read more...]