The recent decision of the 8th Circuit Court of Appeals in Rodriguez v. Mukasey has sent what I would charatcterize as a minor tremor through the legal community. In that decision the court held that "an alien who marks the 'citizen or national of the United States' box on a Form I-9 for the purpose of falsely representing himself as a citizen to secure employment with a private employer has falsely reprsented himself for a benefit or purpose under the Act."
As... Read More
The Department of Homeland Security (DHS) has announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status. DHS also automatically extended the validity of Employment Authorization Documents (EAD) held by eligible Somalis for an... Read More
On February 28, 2008, the Executive Office of Immigration Review (EOIR) announced that it has issued the "Immigration Court Practice Manual" which provides uniform procedures, recommendations, and requirements for persons who present cases before the immigration courts. The Manual will go into effect April 1, 2008, and local operating procedures for immigration courts will no longer be used. For counsel or representation regarding removal procedures with the Executive... Read More
Immigration Judge Paul Schmidt of the Immigration Court at Arlington, VA, granted asylum to a Salvadoran brother and sister finding they demonstrated a well-founded fear of persecution by the infamous Mara Salvatrucha ("MS-13") gang. After reviewing the respondents' claims and the Department of State's country report on El Salvador, the immigration judge ruled that the brother belonged to a "particular social group," namely, of "young Salvadoran... Read More
The USCIS announced the 100 questions & answers that comprise the civics component of the new naturalization test on Sept. 27, 2007. Starting October 1, 2008, the USCIS will administer this new test to citizenship applicants. The USCIS claims its revised naturalization test will help strengthen assimilation efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship. The Service hopes... Read More
On September 5, the U.S. Citizenship & Immigration Services (USCIS) announced an interim rule regarding the "U" visa, a nonimmigrant classification that provides temporary immigration benefits to certain victims of crimes who assist government officials in investigating or prosecuting the criminal activity.
U nonimmigrant visas will be set aside for victims of criminal activity who: suffered substantial mental or physical abuse because of... Read More
Regardless of where one stands on the issue of Immigration and the Comprehensive Immigration Reform (CIR) reform bill before Congress, I am finding in my practice that many immigrants, whether legal or illegal, are often making a grave mistake by placing all their hope in proposed legislation. This can have particularly bad consequences when one chooses not to apply for immigration benefits for which one is currently eligible (especially before July 30, 2007, when the USCIS... Read More
At 1:00 PM, Dan pulled up to his restaurant, as he had done for the past six years. As he stepped out of his car, he realized the parking lot was vacant; that the normally bustling restaurant was dimly lit and the buoyant lunchtime crowd was... Read More
Disclaimer: The information provided on Lawyers.com is not legal advice, Lawyers.com is not a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on Lawyers.com are paid attorney advertisements and do not in any way constitute a referral or endorsement by Lawyers.com or any approved or authorized lawyer referral service. Your access to and use of this site is subject to additional Terms and Conditions.