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Employers that decide to hire foreign nationals affected by the Department of Homeland Security (DHS) and export control requirement must implement sophisticated procedures related to that hiring. In addition of obtaining proper visa status for prospective foreign national employees, employers must be aware of the circumstances in which employing a foreign national implicates federal export…

Although noncitizen in removal proceedings lack the full constitutional protections of criminal defendants or the broad discovered tools of civil litigants in Federal Court, the Immigration and Nationality Act and accompanying regulations provide a number of protections related to evidence. Aliens have an explicit statutory right to present evidence and cross-examine adverse witnesses. Evidence is…

When a person in the United States in one nonimmigrant visa (temporary) status decides to engage in a primary activity permitted only under a different nonimmigrant (temporary) status – for example, a B-2 tourist decides to attend school, or an F-1 student decides to take up other than school-approved employment – the nonimmigrant visa has…

The deportation or removal of an alien from the United States erects time period bars to the United States of five, 10, 20, or lifetime depending upon the basis for the prior deportation or removal. While Illegal Immigration Reform and Immigrant Responsibility Act of 1996, increased the length of time the alien must remain outside…

The United Nations (U.N.) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention Against Torture or Convention) is a powerful tool to prevent the removal of persons who fear torture upon return to their countries, bu who are ineligible for asylum and withholding of removal. Article 3 of the Convention…

Matter of Ingrid Carolina DUARTE-LUNA, Respondent Matter of Bessy Beatriz LUNA, Respondent Decided June 20, 2014 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals A parent’s continuous physical presence and continuous residence in the United States cannot be imputed to a child for purposes of establishing the child’s eligibility for…

Falsehood: By enforcing the laws already on the books we can fix our broken immigration system. The truth: No. Virtually every senior security official to look at this problem concurs that we cannot simply “enforce our way out of this problem.” Our failed enforcement policies offer glaring evidence that more enforcement is an empty promise,…

Family-Sponsored All Charge -ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES F1 08DEC06 08DEC06 08DEC06 22SEP93 01JUL01 F2A 08SEP13 08SEP13 08SEP13 01SEP13 08SEP13 F2B 01JUN06 01JUN06 01JUN06 01APR94 01MAY03 F3 15APR03 15APR03 15APR03 01JUN93 01FEB93 F4 01OCT01 01OCT01 01OCT01 01NOV96 01JUL90

Employment- Based All Chargeability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIPPINES 1st C C C C C 2nd C 08DEC08 15NOV04 C C 3rd 01APR12 01APR12 01SEP03 01APR12 15FEB07 Other Workers 01APR12 01APR12 01SEP03 01APR12 15FEB07 4th C C C C C Certain Religious Workers C C C C C 5thTargetedEmploymentAreas/Regional Centers…