Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Immigration Law Complexity

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Waiting in the Wings: A New Leader at the Immigration Helm

Posted in Congress on Immigration, Democrats on Immigration, EB-5, GOP on Immigration, Immigration Law Complexity, Immigration Reform, Immigration Regulations, L-1 Visa, Obama Administration on Immigration, USCIS
The dysfunctional immigration world continues to spin dangerously out of control.  Do-nothing House Republicans (and five pusillanimous Democrats) commit political seppuku with the passage of the ENFORCE Act  – a going-nowhere bill which would authorize civil suits against the President to dissuade him from doing something to husband scarce prosecutorial resources and ameliorate the harsh … Continue Reading

Tips from an Immigration Insider: How to Excel at a U.S. Visa Interview

Posted in B-1 Visas, Consular Officers, H-1B Visas, H-2B Visas, Immigrant Visas, Immigration Law Complexity, Immigration Lawyers, Immigration Regulations, L-1 Visa, Legal Representation, P Visas, State Department
Ellis Island, which opened as an immigration processing post on January 1st 122 years ago, symbolizes for many Americans of immigrant descent the place where would-be entrants to the U.S. learned whether they would be admitted to the country.  Perhaps the most famous and wrenching location within this hallowed landmark are the “stairs of separation,” … Continue Reading

Four Post-Infosys Strategies for Corporate Customers and Consultants to Minimize Immigration Risks

Posted in B-1 Visas, Business Visitors, Courts on Immigration Law, DOL, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Foreign policy, General Immigration, H-1B Visas, Homeland Security, I-9s, Immigration Discrimination, Immigration Law Complexity, Immigration Lawyers, Immigration Portfolio Management, Immigration Regulations, Immigration terminology, Legal Representation, Obama Administration on Immigration, Trade in Services, USCIS
Samuel Herbert, Her Majesty’s Home Secretary from 1931-32 (the British equivalent of the U.S. Secretary of Homeland Security), could well have been speaking about two recent immigration-related events when he quipped that “bureaucracy” is “a difficulty for every solution.” One is an October 30 Settlement Agreement between Indian It consulting giant, Infosys, and the U.S. Attorney for the … Continue Reading

If Immigration Law Were a Person It Would Sing: “Oh Lord, Please Don’t Let Me Be Misunderstood”

Posted in Border Security, Congress on Immigration, Deportation - Removal, DREAM Act, Enforcement/USICE, Immigration "Tribes", Immigration Law Complexity, Immigration Lawyers, Immigration Reform, Mexico, Obama Administration on Immigration, Removal Proceedings
[Blogger's Note:  An earlier version of this post mistakenly suggested that the article discussed below offering the views of an immigration lawyer was written by that lawyer.  It was not; rather it was written by a reporter who quoted the lawyer.  This blogger regrets the error.] The power of online and social media to whip … Continue Reading

Memo to GCs: If Ever There Is a Time for Immigration Portfolio Management, It’s Now.

Posted in Border Security, Business Visitors, Employment-Based Immigration, Fraud Detection & National Security (FDNS), General, H-1B Visas, I-9s, Immigration Law Complexity, Immigration Portfolio Management, Immigration Quotas, Immigration Reform, L-1 Visa, Legal Representation
Much has been written since April 17 when the bipartisan Gang of Eight senators introduced S. 744, a brobdingnagian immigration reform bill that overlays 844 pages of turgid text on top of the already gargantuan and complex Immigration and Nationality Act.  The Migration Policy Institute, the National Immigration Law Center, and the American Immigration Lawyers Association (AILA) have each … Continue Reading

Fix Immigration by Improving Its Justice System

Posted in Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, GOP on Immigration, Immigration Agency Expertise, Immigration Courts, Immigration Law Complexity, Immigration Reform, Obama Administration on Immigration, Removal Proceedings, USCIS
“U.S. immigration law is like stratified rock, revealing layer on layer of Congressional accretions laid down over many years, with the superstructure upended in tectonic shifts triggered by the baffling and contradictory interpretations of multiple agencies and courts.”  Nothing of substance has changed since I offered that post last August, save for a groundbreaking election that reversed … 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

The Democrats’ Immigration Position: Better But Blemished

Posted in Democrats on Immigration, Deportation - Removal, GOP on Immigration, Immigrant Visas, Immigration Law Complexity, Immigration Reform, Obama Administration on Immigration
The Democratic Convention in Charlotte ended last week. The media has now turned to measuring and marveling at President Obama’s post-convention bounce despite weak Labor Department data revealing persistent joblessness. The inevitable comparisons of the two parties’ convention performances give the edge to the Democrats’ oratory, production values, crowd enthusiasm and diversity.  On immigration policy, the Dems … Continue Reading

Immigration Brainstorming and DREAMstorming

Posted in DREAM Act, Enforcement/USICE, Fraud Detection & National Security (FDNS), Immigration "Tribes", Immigration Law Complexity, Immigration Lawyers, USCIS
Andrew Jackson had his ”Kitchen Cabinet,” Franklin Roosevelt his “Brain Trust.”   Seth Godin has his “Tribes,” web-based “silos of interest.”  I’ve been a member of many tribes (as I write this I’m recalling my tattered T-shirt from my own and my adult daughter’s Indian Princess days, many moons ago [click here to see the shirt]). In the Googlean sense, immigration lawyers … Continue Reading

Immigration D-Day for DACA: Get Protection!

Posted in DREAM Act, Enforcement/USICE, Guest Columns, Immigration Law Complexity, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, Unauthorized Practice of Immigration Law, Unlawful Presence, USCIS
[Blogger's note:  Tomorrow, August 15, 2012, is perhaps as momentous to DREAMers as D-Day, June 6, 1944, was to The Greatest Generation.   The invasion of Normandy marked the end of World War II in Europe and the fall of a tyrannical Nazi regime that made mincemeat of the rule of law. Though the comparison may seem hyperbolic to … 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 Law — Moving away from Individual Rights

Posted in Congress on Immigration, Enforcement/USICE, Extreme Hardship, Guest Columns, Immigration Discrimination, Immigration Law Complexity, Immigration Reform, Obama Administration on Immigration, Waivers of Inadmissibility
[Blogger's Note:  This week's guest column is by Jennifer Oltarsh, an immigration lawyer practicing in Manhattan. She writes about how the tendency of Congress and the Obama Administration to require the incarceration of low-level immigration law violators without providing individualized determinations of whether a detainee will be released from custody has led to massive increases in the population … Continue Reading

Immigration Lawyers Arguing: “Can I Work from Home for a Foreign Employer?”

Posted in Courts on Immigration Law, Employment-Based Immigration, Foreign policy, Guest Columns, Immigration Law Complexity, Immigration Regulations, Immigration terminology
[Blogger's note:  Whether by dint of nature or nurture, lawyers love to argue; immigration lawyers perhaps more so. Unlike our colleagues (outside of immigration practice) for whom sources of law are better defined, immigration attorneys can access a wider array of law and non-law sources with which to fashion our pro and con arguments.   … 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

Demystifying Immigration Myths

Posted in Congress on Immigration, Courts on Immigration Law, DOL, Enforcement/DOL, Enforcement/USICE, Foreign policy, General Immigration, Immigration Agency Expertise, Immigration Law Complexity, Immigration Reform, Immigration terminology, MOUs - Memoranda of Understanding, USCIS
A trip abroad, as I took recently for a speaking gig, often allows intellectual curiosity to gallivant more freely.  It also provides opportunities to question accepted truths or cause germinating notions to blossom into convincing arguments, especially if serendipity or divine providence creates chance meetings with strangers.  These thoughts crystallized after my return as I … Continue Reading

I Am Furious (Yellow) — at USCIS and its AAO

Posted in Administrative Appeals Office - USCIS, General Immigration, Immigration Law Complexity, Unauthorized Practice of Immigration Law, USCIS
In my last post, I quoted Roxana Bacon, the former Chief Counsel of U.S. Citizenship and Immigration Services (USCIS), our nation’s premier agency charged with determining eligibility for immigration benefits, who chided her erstwhile employer for “timidity” in failing to take legitimate administrative steps to reform America’s broken immigration system.  While her point is correct, I … Continue Reading