Immigration Law

Among our many approved cases during the first part of the year, several stand out.

EB-2 NIW approved for Analytical Chemist.

BIA - Remand:  Our client's case was improperly denied by the district office.  We filed an appeal pointing out the legal and factual errors.  The BIA has remanded the case to the district office for a proper adjudication.

T - Adjustment Cases - All Approved:  We have been representing 18 principal and 18 derivative T visa holders since before there was a T visa category.  As such we have been ahead of USCIS every step of the way.  We are very pleased to report that after 10 years we have finished the last adjustment case and all applicants have received their Green Cards.  These victims are just a few of the nearly 300 individuals held in slave like conditions in American Samoa at the Daewoosa garment factory.  Now, ten years after their rescue all the victims we have represented are permanent residents as well as their qualifying family members.

HHS Waiver Reconsideration - Waiver Recommendation Issued: When the HHS first reviewed our 212(e) waiver recommendation request they did nothing for a full year and then denied it.  We asked that they reconsider the decision and presented recent evidence of additional publications as first author.  Our client's case was reconsidered, the waiver recommendation was granted and the Department of State notified.

The USCIS has issued a new Handbook for Employers. 

The latest USCIS Handbook for Employers was issued on June 1, 2011.

The document is available HERE.

In view of the Supreme Court’s decision in Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Office of Immigration Litigation (“OIL”) has prepared a comprehensive overview of the provisions of the Immigration and Nationality Act that are relevant to criminal aliens. The overview is intended to assist interested parties in understanding the potential immigration consequences of a plea to criminal charges. Padilla held that the Sixth Amendment requires defense counsel to advise a noncitizen client of the risk of deportation arising from a guilty plea. The Court concluded that defense counsel’s failure to so advise, or defense counsel’s misadvice regarding the immigration consequences of the plea, may constitute ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668 (1984), which may be a basis for withdrawing a guilty plea and vacating a conviction.

The Court’s holding in Padilla requires defense counsel to have a basic understanding of immigration law – an area in which they “may not be well versed” – in order to effectively advise their clients. Padilla, 130 S. Ct. at 1483. The decision is also of obvious importance, however, to federal and state prosecutors and judges, among other interested parties. This guide – to which many OIL attorneys have contributed – presents a brief, cogent, and clear introduction that identifies and summarizes the relevant statutes.

REVISED Padilla v. Kentucky Reference Guide 11-8-10 

DOS "Monthly Determination of Employment Preference Cut-Off Dates" describes its expectations for FY 2011