The Livesay & Myers Blog


To Dream In America

Posted on November 20th, 2009, by James Livesay in Immigration Law. Comments Off

“[S]he is as American as the kid of Irish-English heritage who likely sat alongside her in school. She speaks fluent English. She made good grades in school. She hasn’t broken a law since she was brought across the border. So, what’s to come of her? She says she is giving up her dream of becoming a nurse because she can’t get a Social Security card or a driver’s license because she is afraid of being deported. Deported from the only country she has known her entire life. Hers is not an isolated case. Each year in the United States some 65,000 ‘illegal’ students graduate high school.”

Tulsa World Editorial, Nov. 15, 2009.


Transition Period Extended For H-2A Temporary Agricultural Employers

Posted on November 16th, 2009, by James Livesay in Immigration Law. Comments Off

The Department of Labor is further amending its regulations to extend the transition period of the application filing procedures currently in effect for all H-2A employers with a date of need before January 1, 2010, as established in the H-2A Interim Final Rule (IFR) published on April 16, 2009. The transition period is hereby extended to include all employers with a date of need before June 1, 2010.” See FR Doc. 2009-27496 for further information.

If you are an employer or employee requiring assistance with an H-2A visa or any other immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. Our immigration lawyers represent clients throughout Virginia, Maryland and the District of Columbia.


Temporary Acceptance of H-1B Petitions Without LCAs

Posted on November 11th, 2009, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) has announced a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).

USCIS has received requests from the public to accept H-1B petition filings that include LCAs that have been filed with DOL but that DOL has not yet certified. Processing delays arising from DOL’s recently implemented “iCERT” system have resulted in increased processing times (beyond 7 days) for certain LCA certifications. Affected employers and beneficiaries have reported being negatively impacted by DOL’s increased processing times which currently delays their ability to file H-1B petitions with USCIS. DOL expects that the current increase in LCA processing times is temporary.

As a public accommodation, USCIS began accepting H-1B petitions filed with uncertified LCAs for a 120-day period. The 120-day period … Read More »


USCIC Releases “Public Charge” Fact Sheet

Posted on October 29th, 2009, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) has released a “Public Charge” fact sheet, which provides the following information regarding the “public charge” ground of inadmissibility and deportation in U.S. immigration law.

Introduction

Public charge has been part of U.S. immigration law for more than 100 years as a ground of inadmissibility and deportation. An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligble to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet seeks to inform non-citizens about public charge determinations and help them to make informed choices about whether to apply for certain public benefits.

Background

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to … Read More »


Sexual Orientation Cited In More Asylum Cases

Posted on October 28th, 2009, by James Livesay in Immigration Law. Comments Off

More asylum seekers from the Middle East, Africa, Latin America and the Caribbean are citing sexual orientation as reasons for seeking asylum, according to a new story by the Associated Press:

Since 1994, sexual orientation has been grounds for asylum in the United States. That’s when former U.S. Attorney General Janet Reno ruled in a case that persecution based on sexual orientation could be potential grounds for asylum. Until recently, those grounds have been rarely used and such cases represent only a fraction of all asylum cases. But now immigrant and gay activists say more asylum seekers from the Middle East, Africa, Latin America and the Caribbean are citing sexual orientation as reasons for seeking asylum. Activists say the asylum seekers are escaping rape, persecution, violence, and threats of death from places where homosexuality is either outlawed or strongly, … Read More »


Congress Ends the Widow Penalty

Posted on October 21st, 2009, by Jennifer Varughese in Immigration Law. Comments Off

Today, the U.S. Senate voted to end what is commonly referred to as the “widow penalty.” Under this penalty, if a U.S. Citizen spouse died before being married to his/her spouse for 2 years, any pending green card application for the non-U.S. Citizen would no longer be considered by USCIS. The most dire consequence of such a harsh rule is that it often led to deportation proceedings for the non-U.S. Citizen.

The Senate’s action, which is expected to be signed into law by President Obama, will allow the foreign national to file a self-petition for the green card within 2 years of the spouse’s death, as long as the individual has not remarried and can prove that the marriage was entered into in good faith. In addition, the law is retroactive and allows any foreign national whose U.S. Citizen spouse died … Read More »


USCIS Naturalization Test to Become Fully Implemented

Posted on October 21st, 2009, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) is reminding the public that as of October 1, 2009, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

“Becoming a United States citizen carries with it extraordinary rights and responsibilities,” said USCIS Director Alejandro Mayorkas. “Our new test captures the meaning of citizenship and is consistent with our values and history as a nation.”

The revised naturalization test will help strengthen integration efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship.

USCIS began administering the new naturalization test October 1, 2008, with two basic objectives – to ensure a uniform test administration nationwide and to develop a civics test that can effectively assess an applicant’s knowledge of U.S. history and government. Up until October 1, 2009, … Read More »


Prince William County To Revise Immigration Policy

Posted on October 12th, 2009, by James Livesay in Immigration Law. Comments Off

Prince William County supervisors are expected to put in place a new directive from Homeland Security that will standardize how 287(g) immigration policies are implemented around the nation, according to an article by InsideNOVA.com.

“[Immigration and Customs Enforcement] has made changes to the Memorandum of Understanding (MOA), terminating the original agreement and requiring execution of a new and revised MOA,” state background documents to the board, which will meet to discuss the issue at 2 p.m. on Tuesday, October 13 at the McCoart Administration Building.

Supervisors have to authorize the police chief to sign and execute the new agreement.

The new agreement will not limit the number of officers eligible for 287(g) training and require ICE to give credentials for those who pass the course. It will also require the police department, as well as ICE, to perform background checks, according to the … Read More »


November 2009 Visa Bulletin

Posted on October 10th, 2009, by James Livesay in Immigration Law. Comments Off

The Visa Bulletin for November 2009 is now available. The Department of State (DOS) issues the Visa Bulletin, which summarizes the number of available immigrant visas (green cards) according to preference categories, each month.

The Employment-Based First Preference (EB1) category continues to be current for all countries in the Visa Bulletin for November 2009.

The Employment-Based Second Preference (EB2) category continues to be current for all countries, except India and China. The EB2 cutoff date for China moved forward almost 10 weeks to April 1, 2005. However, India actually retrogressed in the EB2 category by 2 months, to January 22, 2005.

After the new fiscal year started with the October Visa Bulletin, visas remain available in the Employment-Based Third Preference (EB3) category for skilled/professional workers, with a cutoff date of April 22, 2001 for India and June 1, 2002 for all other countries.

Visas … Read More »


Senate Approves One Month Extension of E-Verify and Other Immigration Programs

Posted on October 1st, 2009, by James Livesay in Immigration Law. 1 Comment

With only hours remaining before the end of the fiscal year, the Senate last night approved a continuing resolution that will allow the Department of Homeland Security to operate until the end of October while House and Senate conferees try to work out a final version of the agency’s spending bill. The House passed the stop-gap measure last week, and the resolution now heads to the White House for President Obama’s signature.

The continuing resolution effectively extends four major immigration programs – the Conrad 30 J-1 program for doctors, the religious workers program, E-Verify and the EB-5 investor visa – through October 31, 2009.

Contact Our Immigration Law Attorneys

If you or a loved one require assistance with the Conrad 30 J-1 program for doctors, the religious workers program, E-Verify or the EB-5 investor visa program, or any other immigration law matter, contact us to … Read More »




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