On Election Day 2016, I served, with joy, as an Elections Officer in Fairfax County. Working at a poll in a heavily immigrant community, a large number of the voters I saw were undoubtedly naturalized U.S. citizens. Though some debate the effect of a single vote, the passion with which these individuals voted was unmistakable. While some wore traditional garb, many specifically chose to sport red, white, and blue attire to celebrate their adopted country.
For many in the immigrant community, the results of this election were disappointing. Xenophobia and rhetoric regarding walls and mass deportation have appeared to overpower more constructive conversations regarding unimaginable visa backlogs, the retention of highly-skilled foreign workers, and balancing the just with the humane aspects of being an immigrant nation.
Although specifics have not yet emerged, the newly-elected President has signaled his intention to severely restrict legal migration to the … Read More »
Immigration law remains a hotbed of legal and political activity in the United States. As we enter Spring 2016, here are several important immigration law updates:
Update on President Obama’s Executive Action, DAPA
In what will surely be one of the most anticipated decisions in 2016, the U.S. Supreme Court granted certiorari to United States v. Texas, which is the case involving President Obama’s executive action known as Deferred Action for Parents of Americans (DAPA). As detailed on this blog, DAPA is the closest thing to a form of immigration amnesty in the U.S. since the LIFE Act [245(i)] ended in April 2001. After President Obama announced DAPA, twenty-six states formally challenged the executive action, and the Fifth Circuit Court of Appeals issued an injunction to block DAPA implementation. Oral arguments in United States v. Texas are expected to be held in April 2016 with … Read More »
In November 2014, President Obama outlined several executive actions designed to modernize and streamline the U.S. immigration system. At the time, much of the attention surrounding the President’s announcement focused on the Deferred Action for Parents (DAPA) program, which is now on hold. However, the President introduced other changes to current programs and policies, which should provide much-needed relief for intending immigrants.
In accordance with the President’s executive actions, the Department of State (DOS) recently announced a new procedure which will provide relief to scores of individuals stuck in lengthy visa backlogs. Each month, DOS publishes a Visa Bulletin which indicates the dates for which visas are being issued in family and employment-based categories. As of the newly-published Visa Bulletin for October 2015, DOS will now post two different charts for both family-preference visas and employment-based visas in the Visa Bulletin. The charts are: (1) Application … Read More »
Recently, the immigration team at Livesay & Myers, P.C. attended the AILA Annual Conference in National Harbor, Maryland. AILA (the American Immigration Lawyers Association) is the largest professional organization for immigration attorneys worldwide. The four-day conference was filled with educational seminars and the latest updates in immigration law. Here are some noteworthy highlights from the conference:
The Executive Office for Immigration Review (EOIR) confirmed that 18 new judges were hired in June to fill an urgent need in immigration courts nationwide. Unfortunately, no new judges will be placed in our local courts in Arlington, Virginia or Baltimore, Maryland. In Arlington, hearings for new, non-detained immigrants continue to be scheduled for 2019.
After a several-week technological outage for many embassies and consulates worldwide, the Department of State reported that all visa-issuing posts are back online. To help clear a backlog, some 410,000 nonimmigrant … Read More »
Immigration law continues to be a hotbed of legal and political activity in the United States. As we enter May 2015, here are updates on three important areas of immigration law:
Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)
In November 2014, President Obama announced a new plan for executive action on immigration, which included Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). As explained in my earlier blog post, DAPA permits immigrants who have sons or daughters who are U.S. citizens or lawful permanent residents to not only remain in the U.S. but receive work permits as well. The President’s executive action immediately came under scrutiny. On February 16, 2015, a judge in Texas issued a nationwide injunction to stop implementation of DAPA. On April 17, 2015, the U.S. Court of Appeals for the Fifth Circuit … Read More »
In my immigration practice, one of the most common issues I come across is a theft-related crime in the background of my immigrant client. Whether a non-citizen is applying for a green card, a green card holder is coming back into the country after a trip abroad, or a green card holder is applying for naturalization, a theft-related conviction can have dire consequences.
Recently, the U.S. Court of Appeals for the Fourth Circuit took a closer look at Virginia’s grand larceny statute, Virginia Code § 18.2-95, to see if grand larceny in Virginia constitutes a theft “aggravated felony” for immigration purposes. To be deemed an aggravated felon for a theft conviction, the immigrant must have been convicted of an actual theft offense that carries with it a term of imprisonment of at least one year. In Omargharib v. Holder, Mr. Omargharib, … Read More »
On November 20, 2014, President Obama announced a new plan for executive action on immigration, which will offer temporary relief from deportation to millions of undocumented immigrants. The highlights of the plan include:
Deferred Action. Under the new plan, undocumented immigrants can receive work permits if they satisfy ALL of these criteria:
Entered the U.S. before January 1, 2010;
Not in any kind of lawful status as of November 20, 2014;
Have a son or daughter who is a U.S. citizen or lawful permanent resident (green card holder);
Do not have various convictions, ties to gangs or terrorism, etc.; and
Do not present other factors that negatively affect a granting of deferred action.
DACA. DACA (Deferred Action for Childhood Arrivals) is a program announced in 2012, which allows certain individuals to receive work permits and be safe from deportation. President Obama’s new executive action expands the DACA program … Read More »
As I detailed in Chaidez Case Limits The Reach Of Padilla and Post-Conviction Relief And Immigration Consequences, the area of post-conviction relief is a hot topic for non-citizens living in the U.S. Generally speaking, post-conviction relief is the means by which one convicted of a criminal offense seeks help in the form of a conviction modification or even the vacating of the conviction itself. The result in my Virginia Supreme Court case, Commonwealth v. Morris, unfortunately reduced the time in which one may try to collaterally attack a conviction in a Virginia court.
What about the issue of elected officials modifying a conviction in some manner? Is this a plausible means of relief in Virginia and beyond? In Sharma v. Taylor et. al., we will see exactly how a federal court views post-conviction relief in the naturalization context. My client in this case … Read More »
I recently handled the immigration case of an individual who has resided in the U.S. since the late 1950s. Having entered on a farmworker visa and then falling out of status once the visa expired, my client filed for a green card based on a little-known program in the U.S. called Registry. Quite simply, Registry allows for a person to obtain a green card (or permanent residency) if they can prove physical and continuous presence in the U.S. since January 1, 1972.
Other criteria for a green card through the Registry include that the individual is:
a person of good moral character;
not ineligible for citizenship; and
not deportable as a terrorist or inadmissible for engaging in Nazi persecution, genocide, torturous acts, or extrajudicial killings.
Importantly, the applicant must have proof of his/her continuous physical presence in the U.S. since 1972. Such proof includes: bills, … Read More »
In 2006, the federal Adam Walsh Child Protection and Safety Act (AWA) was signed into law. Among its more well-known features, the AWA revised requirements for sex offender registration. Lesser known, however, is the significant detrimental effect the AWA can have on U.S. citizens who seek to sponsor loved ones for fiancé/fiancée visas or other U.S. immigration benefits.
Perhaps it’s best to start with an example. Jack, a U.S. citizen, and Jill, a citizen of a foreign country, meet and fall in love. Jack and Jill get married. Jill needs a green card to either enter or remain in the U.S., so Jack files the requisite paperwork on her behalf. While their application is pending, U.S. Citizenship and Immigration Services (USCIS) issues a Notice of Intent to Deny letter, threatening to deny Jack’s petition based on an incident from his past … Read More »