Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Adjustment of Status

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The Immigration-Abandonment Ploy — Fallout from a Fiddling Congress and Bickering Allies

Posted in Adjustment of Status, Advance Parole Travel Authorization, Congress on Immigration, Consular Officers, Immigration Lawyers, Immigration Regulations, Immigration terminology, State Department, Unlawful Presence, USCIS, Waivers of Inadmissibility
The times they are a-mournin’ for proponents of immigrant rights and immigration reform. While Pope Francis shows the world how to love by embracing and praying with a tumor-scarred man, immigrants-rights activists and immigration-reform pragmatists are at war among themselves over tactics in the battle to achieve just solutions to our nation’s dysfunctional immigration problems. … Continue Reading

Immigration Progress: A Good EB-5 Policy Memo Could Still Be Better

Posted in Adjustment of Status, Congress on Immigration, EB-5, I-9s, Immigrant Visas, Immigration and Entrepreneurship, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, USCIS
French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].” The wisdom of this saying, championed by pragmatists everywhere, comes to mind upon reading a May 30, 2013 Policy Memorandum (PM) issued by the … Continue Reading

Dear Immigration Director: Let Our Dreamers Go!

Posted in Adjustment of Status, Advance Parole Travel Authorization, IMMI Awards, Obama Administration on Immigration, USCIS
  I was escorted to the woodshed on January 15, a very public woodshed, and deservedly so.  Alejandro (Ali) Mayorkas, the Director of U.S. Citizenship and Immigration Services (USCIS), politely took me to task at a Public Engagement during the Q & A session when I raised two points. One involves the subject of a … Continue Reading

A New Immigration Recipe: Specialty Chefs Need a Dream Act Too!

Posted in Adjustment of Status, Congress on Immigration, Consular Officers, DOL, DREAM Act, Guest Columns, I-9s, Immigration Reform, State Department, Trade in Services, Unlawful Presence, USCIS, Waivers of Inadmissibility
[Blogger’s note:  Today’s guest blog is by my friend and scholarly colleague, Nathan Waxman.  Nathan revisits an issue he first considered eight years ago in this space when he bemoaned the increasingly poor quality of ethnically authentic food in New York City, and laid the blame upon our immigration laws.  Having suffered through several more … Continue Reading

Reforming Immigration “with Liberty and Justice for All”

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Democrats on Immigration, DOL, EB-5, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Global Migration, GOP on Immigration, H-1B Visas, Immigration Courts, Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, State Department, Trade in Services, USCIS, USCIS Ombudsman
As Republicans join Democrats in contemplating reform of the nation’s dysfunctional immigration system, the final line of the Pledge of Allegiance (“with liberty and justice for all”) is the best place to start.  Revitalizing our broken and outdated 20th Century immigration laws to respond to the needs of 21st Century America will turn in large part on … Continue Reading

Immigration Good Behavior — a Riddle Riddled with Riddles

Posted in Adjustment of Status, Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Customs and Border Protection, Enforcement/USICE, Immigration Courts, Immigration Law Complexity, Immigration Reform, Immigration Regulations, Immigration terminology, Removal Proceedings, Unlawful Presence, USCIS
“[A] riddle, wrapped in a mystery, inside an enigma”  ~ Winston Churchill The most quotable of British Prime Ministers could well have been talking about the American immigration system rather than describing Russia in 1939.  U.S. immigration law is like stratified rock, revealing layer on layer of Congressional accretions laid down over many years, with the … Continue Reading

Immigration Options for DREAMers under EXISTING Law

Posted in Adjustment of Status, DREAM Act, H-1B Visas, Investor Immigration, Legal Representation, Obama Administration on Immigration, USCIS
Last week marked the end of the second annual National Coming out of the Shadows Week, a rite of passage for undocumented youth — Americans in all but the eyes of the law — who support enactment of the DREAM Act.  Publicly proclaiming one’s unauthorized immigration status is clearly a courageous act. As the National … Continue Reading

No More Waiting on Legal Immigration

Posted in Adjustment of Status, B-1 Visas, Business Visitors, Consular Officers, Employment-Based Immigration, Foreign policy, Immigration Reform, Obama Administration on Immigration, State Department, USCIS
[Blogger's note: This article is reprinted with permission from the February 22, 2012 edition of The New York Law Journal.  ©2010 ALM Properties Inc. All rights reserved. Further duplication without permission is prohibited. The authors thank the Journal for permission to reprint this article.]   No More Waiting on Legal Immigration By Angelo A. Paparelli and … Continue Reading

Telling Immigration Stories: It’s Not Just about Code Sections

Posted in Adjustment of Status, Enforcement/USICE, Extreme Hardship, General Immigration, Hate speech, Immigrant Visas, Immigration Law Complexity, USCIS
From the first prehistoric evenings sitting around campfires, humans have been telling stories. Heroic myths, fairy-tale fables, oral histories — all have been seared into heart and memory through the power of narrative. Civil and criminal trials are merely stylized forms of storytelling.  Journalism’s hook, theatre’s Sturm und Drang, reality television’s sour and sweet confections – all … Continue Reading

Legislatively Required, Bureaucratically Enabled Immigration Deaths

Posted in Adjustment of Status, Consular Officers, Extreme Hardship, Foreign policy, Immigrant Visas, Immigration Reform, Mexico, Obama Administration on Immigration, State Department, Unlawful Presence, USCIS, USCIS Ombudsman, Waivers of Inadmissibility
Many dysfunctions within the immigration ecospace are disturbing, but some make my blood boil.  The conniption that brought me to this Howard Beale moment erupted after I belatedly read a Forbes online article, published last April, by Osha Gray Davis (“A Death in Juarez: How U.S. Immigration Policy Is Tearing American Families Apart“). The Forbes piece reported on two people murdered in … Continue Reading

Immigration’s Defining Moment — Do You Know Employment When You See it?

Posted in Adjustment of Status, Deportation - Removal, Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS
With all the political hoo-ha about the need to prevent rascally businesses from employing unauthorized workers intentionally, the public ought not be faulted for assuming that the concept of “employment” under immigration law is clearly defined.  Sad to say, but the assumers give life to the maxim that when we consider facts not in evidence … Continue Reading

Immigration, Cheesy Style

Posted in Adjustment of Status, General Immigration, Guest Columns, Immigration Courts, USCIS
[Bloggers Note:  Today's offering is a Guest Post by Nici Kersey, who recounts memories as a child and their lasting impact, even on her practice of immigration law.  For a similar recollection of government handouts from my childhood, click here.] Government Cheese by Nici Kersey My first memory of “the government” involves government cheese.  My great-grandmother always had … Continue Reading

Executive Craftsmanship: Job Creation through Existing Immigration Laws

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, DOL, Employment-Based Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), H-1B Visas, Immigration Reform, L-1 Visa, Letters to USCIS Ombudsman, Obama Administration on Immigration, State Department, USCIS
The dog days of August are behind us, yet the economic doldrums persist.  Unemployment remains unchanged and unacceptably high at 9.1%. The White House forecasts that it will stay there through the New Year and then likely drop only a tenth of a percentage point for all of 2012.  Congress returns this week to Washington. Vituperation … Continue Reading

Time to Replace Put-up-and-Shut-up Immigration Policies with Real Customer Service

Posted in Adjustment of Status, Consular Officers, Employment-Based Immigration, Foreign policy, Immigration Reform, State Department, USCIS
I’m no fan of the U.S. Department of State’s policies and actions in the immigration space.  State’s approach, as manifested by the behavior of U.S. consular officers and the apparatchiks within the Visa Office at the Bureau of Consular Affairs, too often comes off as a mix of treacly haughtiness and callous indifference. These Ugly American attributes are … Continue Reading

Face-off: Foreign Entrepreneurs vs. the Immigration Alligators — with Obama as Referee

Posted in Adjustment of Status, Administrative Appeals Office - USCIS, DOL, Employment-Based Immigration, Global Migration, H-1B Visas, Immigration Reform, L-1 Visa, Obama Administration on Immigration, USCIS
President Obama has put on a good show lately about the need for the populace to rise up and pressure the GOP to enact comprehensive immigration reform.  He urges citizens to begin “a national conversation on immigration reform that builds a bipartisan consensus to fix our broken immigration system so it works for America’s 21st century economy.”  With … Continue Reading