Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: Legal Representation

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EB-5 Immigration Lawyers Wear Too Many Hats

Posted in EB-5, Immigration Lawyers, Legal Representation
The EB-5 employment-creation immigrant investor visa category continues to transcend its chutes-and-ladders early history.  This 24-year-old program — like many young adults of the same era — seems at last to be maturing in healthy ways.  Foreign investors have become more savvy.  Regulators are more attuned to the need for greater investor protection, as well … 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

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

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

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 and the Elections: Attention and Imagination Required

Posted in Democrats on Immigration, DREAM Act, GOP on Immigration, Immigration Lawyers, Immigration Reform, Legal Representation, USCIS
[Blogger's note:  Dear Readers: I promise that this post is indeed about immigration and the quadrennial election on Tuesday.   Please read to the end, beyond the meandering yet relevant introduction, to see the connection.] Just over four years ago, David Foster Wallace, a gifted, troubled writer of wide acclaim, took his life. Fans of his writing, myself included, … Continue Reading

Two Market-Based Proposals for Immigration Reform: Cap-and-Trade or Uncap-and-Grow?

Posted in Congress on Immigration, Courts on Immigration Law, Immigration Agency Expertise, Immigration Courts, Immigration Reform, Legal Representation
The federal government regularly auctions airwaves and drilling leases.  Should it also auction humans?  This is the startling question posed recently at a May 15, 2012 Hamilton Project conference in a paper, a slide presentation and the transcript of remarks offered by Giovanni Peri, an economics professor at the University of California (Davis). Prof. Peri provides an … Continue Reading

Guest Post: What Fried Okra, F.A.O. Schwartz, Staplers, and Immigration Have in Common

Posted in Guest Columns, I-9s, Legal Representation
[Blogger's Note: Nici Kersey, my colleague at Seyfarth Shaw who directs its Immigratio​n Compliance Center, offers another distinctive and entertaining guest post.  (Her earlier posts can be found here and here.) Today, Nici (on the right in the photo [the infant on the left is from a Hollywood casting agency]) shares the stories behind her resume, … Continue Reading

When Possible, Treat Immigrants As Criminal Defendants, Not As Criminals

Posted in Congress on Immigration, Enforcement/USICE, Immigration Courts, Immigration Reform, Legal Representation, Removal Proceedings
An essay in today’s New York Times, “Unexceptionalism:  A Primer,” by the novelist, E. L. Doctorow, describes in four “phases” how America can take steps to become unexceptional, that is, “indistinguishable from the impoverished, traditionally undemocratic, brutal or catatonic countries in the world.”  Phase one begins with Bush v. Gore, a ruling that “ignore[s] the first … 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

“I Hate [Bleep]ing Immigration Law” — Whenever I Get an Unjust Request for Evidence

Posted in Immigration Agency Expertise, Immigration and Journalism, Legal Representation, Requests for Evidence (RFEs), USCIS, USCIS Ombudsman
Ever since I first sat in a Los Angeles movie theatre watching Grand Canyon, Lawrence Kasdan’s 1991 film, the only movie, to my knowledge, whose protagonist is an immigration lawyer, I knew I would mouth to myself, repeatedly over the ensuing years, one of its memorable lines.  The main character, Mac (played by Kevin Kline), practices a … Continue Reading

Powdered Wig Immigration with the Lawyer as Potted Plant

Posted in Fraud Detection & National Security (FDNS), Legal Representation, Unauthorized Practice of Immigration Law, USCIS
Many thoughts rushed through my mind as I read the heartening headline to a press release issued January 19 by the American Immigration Council (“U.S. Citizenship and Immigration Services Takes Steps to Improve Noncitizens’ Access to Legal Counsel“).  What did USCIS do to improve access to lawyers?  Did it instruct the agency’s Fraud Detection and … Continue Reading