The Livesay & Myers Blog


Visa Bulletin for November 2010

Posted on October 10th, 2010, by James Livesay in Immigration Law. Comments Off

The Visa Bulletin for November 2010 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 November 2010 Visa Bulletin showed advancements in several categories.

Family-Sponsored Green Card Categories
The Family-Based First Preference (FB1) category for Worldwide, China and India saw no advancement, remaining at February 15, 2006. The Philippines advanced in this category by one month, to April 1, 1997, while Mexico advanced one week to December 22, 1992.

In the Family 2A category, Worldwide, India, China and The Philippines all advanced by two months, to June 1, 2010, while Mexico progressed by two months, to March 1, 2010.

The Family 2B category saw Worldwide, India and China cutoff dates progressed by two months, to June 1, 2005. The Philippines and Mexico, however, are stalled in … Read More »


Record Number Of Deportations For Previous Fiscal Year

Posted on October 8th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

In a record breaking year for the Department of Homeland Security (DHS), 392,862 individuals were deported from the United States over the last fiscal year. Of that number, 195,772 were convicted criminals. In the previous fiscal year, about 389,000 individuals were deported.

In particular, the increase in criminal deportations stemmed from the DHS “Secure Communities” program, which allows local law enforcement to check the immigration status of each individual booked into jail. Locally speaking, Prince William County is part of the Secure Communities program whereas Arlington County voted, on September 28, 2010, to withdraw itself from the program.

Immigration issues are front and center in key midterm elections across the country. The growing number of local jurisdictions attempting to take immigration issues into their own hands demonstrates the growing frustration over a broken federal immigration system. Results of the November elections will … Read More »


Steep Immigration-Related Fine for Popular Retailer

Posted on September 30th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Over the past few years, U.S. Immigration and Customs Enforcement (ICE) has increased its audits of U.S. companies. The latest high profile case involves popular clothing retailer, Abercrombie & Fitch. Yesterday, in a settlement, A&F agreed to a $1.9 million fine for technology-related deficiencies in its electronic employment-status verification system. ICE found no instances of A&F hiring undocumented workers, but there were issues with methods used to confirm compliance with immigration laws. The entire investigation shows the importance of proper I-9 documentation for current and new employees at U.S. companies.

If your company requires legal assistance with I-9 documentation for your employees, contact us to schedule your initial consultation with an experienced immigration lawyer today. Our immigration attorneys represent clients throughout Virginia, Maryland and the District of Columbia.


Update – Proposed Change To Automated System For Deportation Case Info

Posted on September 22nd, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Previously we reported a proposed change to the system for obtaining immigration court information by calling an automated telephone number, 1-800-898-7180.

By calling that number and entering in one’s 9-digit alien or “A” number, information can be found such as hearing dates and case history with the immigration court.

Citing security concerns, the government proposed a change to the automated system, whereby callers would be required to also enter in the date on their charging document, referred to as a Notice to Appear (NTA).

Now, the government has announced that the proposed change will no longer be going into effect.

Responding to the outcry from private practitioners who feared that they would not be able to access court information for clients in deportation proceedings, the Executive Office for Immigration Review (EOIR) decided to keep the current system in place.

Thus, the automated system will continue to require … Read More »


Virginia Governor Bars Immigration Work Permits As Proof of Legal Status

Posted on September 8th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

In a major decision by current Governor Bob McDonnell, Virginia DMVs will no longer accept USCIS-issued work permits (also referred to as employment authorization cards) as proof of legal status necessary for a driver’s license or license renewal.

For scores of Virginia residents with Temporary Protected Status (TPS), asylee status, pending green card cases, etc., the work permit is often the only proof that one is in the United States legally. Therefore, the Governor’s action has been met with both confusion and frustration on the part of many lawful Virginia residents. On the other side of the debate, proponents of the new measure cite the ability of criminally-charged foreign nationals to obtain work permits as proof that it should not be the basis of one’s ability to obtain a driver’s license. Regardless, the fact remains that this new measure will negatively … Read More »


Advice For Virginia Landlords: Don’t Go It Alone!

Posted on September 2nd, 2010, by Benjamin Griffitts in Uncategorized. 1 Comment

There are not many better examples of America’s do-it-yourself attitude than the notion of owning and managing a residential rental property. The housing boom of the first-half of the last decade led to many average Americans seeing “gold in them thar hills”: the magical land of rental income. Even in prosperous economic times, being a residential landlord be financially risky, to say nothing of trying to maintain a steady stream of tenants in rough times. Since the theory behind owning a rental property is extra income and not the great joy of housing others, single property residential landlords understandably attempt to save on costs wherever possible: through do-it-yourself advertising, do-it-yourself leases, do-it-yourself repairs, even do-it-yourself evictions. Landlords often find themselves spending more (or more commonly—losing more) money than they ever thought they would in the name of cost-savings. Why does … Read More »


Reckless Driving Charges In Virginia Must Be Taken Seriously

Posted on August 25th, 2010, by Benjamin Griffitts in Criminal Defense. Comments Off

Imagine for a moment: you’re planning that long-awaited summer vacation. You’re headed south to Orlando or the Outer Banks. Maybe you’re heading north to New York or Boston. You make all your preparations, and your final task is getting directions. You go to Google Maps, Mapquest or use your AAA triptik. Your trip requires you to travel on I-95 through Virginia. Your vacation begins, and you finally head out the door for that week of relaxation. You enter Virginia, and your mind is on everything but the speed limit. You keep up with the flow of traffic because you have no idea what the actual speed limit is. And before your vacation even starts, you’re being stopped by law enforcement and issued a citation for speeding. Except that many times, its not speeding you’re charged with. Rather its Reckless Driving. … Read More »


USCIS Implements H-1B and L-1 Fee Increase

Posted on August 20th, 2010, by James Livesay in Immigration Law. Comments Off

On August 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after August 14, 2010, and will remain in effect through September 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or 
To obtain authorization for an alien having … Read More »


Proposed Change To Automated System For Deportation Case Info

Posted on August 18th, 2010, by Jennifer Varughese in Immigration Law. Comments Off

Individuals in removal (deportation) proceedings are able to obtain immigration court information by calling an automated telephone number, 1-800-898-7180. By calling that number and entering in one’s 9-digit alien or “A” number, information can be found such as the day/time of one’s removal hearing, the assigned immigration court and immigration judge, any past removal orders entered, and any pending appeals before the Board of Immigration Appeals (BIA).

Citing security concerns, the government is proposing a change to the automated system, whereby callers would be required to also enter in the date on their charging document, referred to as a Notice to Appear (NTA).

Such an additional requirement may prove problematic for attorneys and family members who have a loved one in immigration custody. It can be difficult for third parties to obtain a copy of the NTA and, thus, concerned parties may … Read More »


USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

Posted on August 16th, 2010, by James Livesay in Immigration Law. Comments Off

U.S. Citizenship and Immigration Services (USCIS) is reminding nationals of El Salvador (and persons without nationality who last habitually resided in El Salvador), who have Temporary Protected Status (TPS), to file their re-registration applications for TPS before the end of the re-registration period on September 7, 2010.

The 18-month extension of TPS for El Salvador will remain in effect through March 9, 2012. Individuals who have received TPS previously must re-register for the 18-month extension during the re-registration period. Failure to file a TPS re-registration application during the re-registration period, without good cause, will result in withdrawal of TPS benefits, including employment authorization and protection from removal from the United States.

To re-register, all TPS beneficiaries must file both the Application for Temporary Protected Status, Form I-821, and the Application for Employment Authorization, Form I-765, with the correct fees or a properly … Read More »




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