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Immigration Law

Innovative thinking and practical solutions

5th Circuit Upholds Deferred Action for Parents: Next Stop Supreme Court?

Posted in DACA, DAPA

On November 9, 2015, the United States Court of Appeals for the Fifth Circuit issued their 124 page decision upholding a nation-wide injunction of the Deferred Action for Parents of Americans and Lawful Permanent Residents program (“DAPA”). Based on the 5th Circuit decision, the 2012 DACA program remains intact, however the 2014 expansions are enjoined. The 5th Circuit head oral arguments over six months ago, and the delay in issuing their decision likely forecloses the possibility of a formal appeal being heard by the U.S. Supreme Court before the 2016 presidential elections. However, as the Obama administration filed an appeal today (November 20th), the Supreme could hear the case this term, hold it for next term, or decline to hear the case altogether.
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E-2 Visas May be Available to Israelis by end of 2015

Posted in E-2 Investor Visas, E-2 Visas Israel, Nonimmigrant Visas, Nonimmigrant Visas Tel Aviv

On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger commercial ties between the United States and Israel. The E-2 visa should enhance and facilitate economic and commercial interaction between the United States and Israel. We have been in a three-year holding pattern, though, waiting for the Israeli government to create a reciprocal visa for United States citizens wishing to invest in businesses and live in Israel.

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U.S. Embassy in Tel Aviv Launches Online Videos about the Visa Process

Posted in Necessary Administrative Processing, Nonimmigrant Visas Tel Aviv

What do Facebook, YouTube and Twitter have in common? The U.S. Embassy in Tel Aviv is using all three to reach visa applicants. The goal is to educate the public in Israel about the visa process. With Israel being the app center of the universe, there couldn’t be a better way of communicating with prospective visa applicants who ask essentially the same questions. As a response to a tech-driven culture in Israel, which sends thousands of its citizens to the U.S. each year on all types of visas, the U.S. Embassy announced the launch of a video series about the visa process.

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Don’t End Up on a USCIS List of Terminated EB-5 Regional Centers: Be Creative and on Time with your I-924A Filing

Posted in EB-5, USCIS

This post originally appeared on the Mintz Levin EB-5 Matters Blog

USCIS updated its online list of terminated EB-5 regional centers on October 22, 2015. In the coming two months, regional centers are required to comply with the requirement to file their Forms I-924A in order to update USCIS on relevant job creating activity over the past year. We expect that USCIS will terminate more regional centers in the next six months where there are credibility issues over data supplied by regional centers in these filings, or where regional centers simply fail to update the agency through filing a Form I-924A. It would be fully within the realm of reasonable expectations to see at least 100 or more terminations initiated within the coming year. As USCIS uses more resources to tighten up administration of the EB-5 regional center program, and with lawmakers looking closely at the program, dormant or non-compliant regional centers may find their designations revoked.

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CBP Announces the Expansion of Global Entry to UK Citizens

Posted in CBP News, USCBP

US Customs and Border Protection (CBP) Commissioner R. Gil Kerlikowske announced an expansion of the Global Entry program to include UK citizens at the World Travel Market in London.  UK citizens can register beginning December 3.

The opening of Global Entry to all qualified UK citizens follows a pilot program from May 2011 that saw over 1,400 UK citizens enrolled. According to the CBP, almost five million UK citizens visit the US each year and more than 125,000 of these traveled to the US four or more times per year.

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Immigration and Nationality Act 50th Anniversary Series: National Origin Quotas to Skills & Family Based Immigration

Posted in INA, INA 50th anniversary series

Political Theater: President Johnson and the Bully Pulpit

Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to persuade—on Air Force One. Feighan, Chairman of the House Immigration Subcommittee, had allied with conservatives on Johnson’s immigration reform bill, refusing to hold any hearings. President Johnson’s persuasion worked, with one key change—Feighan insisted on prioritizing immigrants who already had relatives in the United States, as a family unification preference would preserve America’s “European character.”

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DOS vs USCIS: Visa Bulletin Games

Posted in DOS, USCIS

Last week USCIS issued guidance stating that it will advise which of the two visa bulletin charts; Dates for Filing Visa Applications or Application Final Action Date applicants should use.

Today, USCIS released it’s first update on its new visa bulletin website stating that applicants CAN use the new “Dates for Filing” chart in October and November.

Unlike for the October visa bulletin, no changes have been made to the visa bulletin dates after the original publication.

Immigration and Nationality Act 50th Anniversary Series: Birthright Citizenship?

Posted in INA, INA 50th anniversary series

In the first of a series celebrating the 50th anniversary of the Immigration and Nationality Act of 1965, this post explores the concept of birthright citizenship. 

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President Lyndon B. Johnson signing the Immigration and Nationality Act of 1965 on Liberty Island in New York Harbor. Via the LBJ Library online (LBJLibrary.org)/ Presidential candidate Donald Trump discussing immigration reform. Via CNN.

Election years often revive old bones of contention, and the issue of birthright citizenship is but one of many that comes and goes.  The 2016 presidential election is no different, and thanks to Republican candidate Donald Trump the meaning and appropriateness of birthright citizenship granted under the 14th Amendment has once again come to light.

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