Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: State Department

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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

Immigration Triangulation — Another Dysfunctional Government Policy

Posted in Congress on Immigration, Consular Officers, DOL, E-Verify, Employment-Based Immigration, Enforcement/DOL, General Immigration, H-1B Visas, I-9s, Immigration Discrimination, Immigration Reform, Labor Unions, Obama Administration on Immigration, State Department, State Immigration Laws, Trade in Services, USCIS
The dictionary defines the adjective, “passive-aggressive,” as “a type of behavior or personality characterized by indirect resistance to the demands of others and an avoidance of direct confrontation.”  That is an apt characterization describing how federal bureaucrats work their will in the immigration ecosphere.  The passive-aggressive behaviors show up in efforts by federal immigration officials … Continue Reading

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

The L-1 Intracompany Transferee Visa Facing Attack — from All Branches of the Federal Government (Part I)

Posted in Administrative Appeals Office - USCIS, Congress on Immigration, Consular Officers, Courts on Immigration Law, L-1 Visa, Obama Administration on Immigration, State Department, USCIS
[Bloggers Note:  My two-part blog post below first appeared in Seyfarth Shaw LLP's September 10 and September 12 "Employment Law Lookout" Blog] The L-1 Intracompany Transferee Visa Facing Attack – from All Branches of the Federal Government (Part I)   By Angelo A. Paparelli U.S. employers have likely grown accustomed to the longstanding controversy over the highly … Continue Reading

Arcing toward Immigration Justice: “Illegals” No More

Posted in Consular Officers, Enforcement/USICE, Hate speech, Immigrant Visas, Immigration and Journalism, Immigration Lawyers, Immigration Reform, Immigration terminology, State Department
All of us at times become dispirited.   As I’ve viewed immigration over the last 40 years, passionate advocates have come and gone, fortunate foreign citizens have been granted green cards and then naturalized; but the harshness and hard-heartedness of immigration law as a reflection of American cultural norms hasn’t really diminished. For example, back in the 1980s I … Continue Reading

Immigration Quota Reform: Waste Not, Want Not

Posted in Congress on Immigration, Immigration Quotas, Immigration Reform, Obama Administration on Immigration, State Department, USCIS
Frugality, something second nature to our colonial forebears, is a trait we Americans seem to have forgotten.  We are profligate in our material acquisitions and in their disposition. (Witness the growing mountains of toxic electronic waste that are almost as hard to be rid of as spent nuclear fuel.)   Saving for a rainy day … Continue Reading

Memo to Immigration Reformers: “First catch your [EB-5] hare!”

Posted in Congress on Immigration, Consular Officers, Customs and Border Protection, Democrats on Immigration, General Immigration, GOP on Immigration, Immigration Agency Expertise, Immigration Reform, Investor Immigration, Obama Administration on Immigration, State Department, USCIS
Winston Churchill, whose mother was American (Jennie Jerome of Brooklyn), could just as well have been speaking about the components of comprehensive immigration reform.  Instead he was commenting on the Allies’ post-World War II plans for world governance when, in the summer of 1942 with the war yet unwon, he said: I hope these speculative studies … 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

The 2012 Nation of Immigrators Awards – The IMMIs

Posted in Border Issues & CBP, Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, Deportation - Removal, DHS Technology Reforms, DOL, DREAM Act, Employment-Based Immigration, Enforcement/USICE, Foreign policy, General Immigration, GOP on Immigration, H-1B Visas, I-9s, IMMI Awards, Immigration Courts, Immigration Protectionism, Immigration Reform, Investor Immigration, L-1 Visa, Obama Administration on Immigration, State Department, State Immigration Laws, Unlawful Presence, Waivers of Inadmissibility
As we count out the final hours of 2012, let’s recall the highs and lows of the past year in America’s dysfunctional immigration ecosphere. Nation of Immigrators is pleased to confer its third annual IMMI Awards. (Full disclosure: As in past years, these are my personal choices. If you disagree or believe I’ve missed an … 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 Immigration Week That Was

Posted in Border Issues & CBP, Congress on Immigration, Consular Officers, Courts on Immigration Law, Customs and Border Protection, Democrats on Immigration, DOL, DREAM Act, Enforcement/DOL, Foreign policy, General Immigration, Global Migration, GOP on Immigration, H-1B Visas, Immigration Reform, Obama Administration on Immigration, State Department, State Immigration Laws
Youthful fans of Saturday Night Live may be forgiven for assuming, however mistakenly, that SNL invented satirical television comedy. The patent for this invention probably ought to go instead to other earlier contenders, Jack Paar, Sid Caesar, Imogene Coco or Steve Allen.  While I love these past and present paragons of humor, I’ll never forget … Continue Reading

L-1B Spécialité Horrifique: The Immigration War on the Consulting Industry (And Its Customers)

Posted in Consular Officers, Immigration Discrimination, Immigration Regulations, L-1 Visa, Obama Administration on Immigration, State Department, USCIS
Last week, the American Council on International Personnel (ACIP) convened its 40th annual symposium in Pentagon City VA, just outside Washington DC, an event attended by scores of immigration managers and corporate counsel hailing from Fortune 500 and Forbes 100 companies. A week earlier, on the other side of the globe, hedge funds and institutional investors … Continue Reading

With Hope Springing Eternally, ACUS Is Working on Immigration Again

Posted in Consular Officers, Immigration Agency Expertise, Immigration and Journalism, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, Removal Proceedings, State Department
“How old would you be if you didn’t know how old you are?” ~ Satchel Paige One of the benefits of having played in the immigration sandbox for a long time is to see old friends return. A fondly remembered playmate — who left in 1995 and returned in 2010 – is a good ol’ cuss named ACUS … Continue Reading

Pre-Election Bipartisanship — Except on Immigration, Where Sen. Grassley Stubbornly Obstructs

Posted in Congress on Immigration, Consular Officers, Employment-Based Immigration, Fraud Detection & National Security (FDNS), H-1B Visas, Immigration Reform, Obama Administration on Immigration, State Department, Unauthorized Practice of Immigration Law, USCIS
At President Obama’s signing ceremony for the JOBS Act last week, White House guests slapped high fives with bipartisan glee. They came to the Rose Garden to help “Jumpstart Our Business Startups,” as the new law’s title optimistically promises to do. With pen in hand, the President joined in the merriment, observing that it’s not … Continue Reading

Immigration’s Private Parts Modestly Yet Shockingly Exposed

Posted in Consular Officers, Enforcement/USICE, State Department
With more than three decades of experience under my belt, I like to fancy myself an expert in immigration.  Yet however much I think I understand the subject, new things surface that blow my mind and puncture my inflated sense of self.  I have come to realize that much of what I “know,” I merely surmise or … Continue Reading

Stop the Immigration Profiling

Posted in Consular Officers, Foreign policy, Immigration Discrimination, Mexico, Obama Administration on Immigration, State Department, USCIS
Surprising as it may be to Italian-American youth of today, with a Cuomo as governor of New York and a Scalia and an Alito as Supreme Court justices, this kid of 1950s’ Detroit hated his Italian name and resented his father for having conferred it.  “Angelo Alfredo Paparelli” was too much ethnicity to bear.  I’m not … 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

Faint Immigration Praise

Posted in Consular Officers, Deportation - Removal, Extreme Hardship, Immigration Reform, Obama Administration on Immigration, State Department
“Damn with faint praise, assent with civil leer And, without sneering, teach the rest to sneer” ~ Alexander Pope, poet, satirist, and translator, “Epistle to Dr Arbuthnot” I hesitate to criticize the Obama Administration’s immigration reform measures, having urged long ago that half a loaf, at least for now, will perforce suffice.  Hastily announced but untimely in … Continue Reading

Immigration’s Hobgoblin: A Foolish Inconsistency

Posted in Congress on Immigration, Consular Officers, Courts on Immigration Law, DOL, Immigration Agency Expertise, L-1 Visa, Obama Administration on Immigration, State Department, USCIS, USCIS Ombudsman
Europe is at a tipping point.  Will the European Union be dashed on Greek or Italian shores.  Will France follow Greece and Italy in losing the esteem of bondholders? Will the EU revert to an Uncommon Market and again suffer its historic curse, a mash-up of competing and warring states whose citizens must proffer passports to cross … Continue Reading

Missive from Mumbai: Why Are U.S. Immigration Agencies Attacking India and Hurting America?

Posted in Border Issues & CBP, Business Visitors, Consular Officers, Foreign policy, H-1B Visas, L-1 Visa, State Department, USCIS
At least when it comes to India, Yogi Berra had it wrong. It’s not déjà vu all over again.  Blogging this weekend from my hotel room in Mumbai, I vividly recall my first trip to India in 1993. Invited as part of an American Bar Association delegation, I spoke in New Delhi on “Nonimmigrant Visa Options for Computer Software … 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

Off-Message Immigration Bureaucrats Undermine the President’s Jobs Push by Refusing L-1 Specialist Visas to Indian Citizens

Posted in Consular Officers, Employment-Based Immigration, Foreign policy, Global Migration, L-1 Visa, State Department, USCIS
With the President’s supporters pleading for action, Barack Obama at last has pivoted to jobs.  “Pass this bill [the American Jobs Act]” has become his oft-shouted mantra. Surprisingly, however, career bureaucrats within the Departments of State and Homeland Security apparently haven’t read his September 8 speech to Congress and instead are taking affirmative steps to prevent … 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

First, Do No (Immigration) Harm (to Business Visitors)

Posted in B-1 Visas, Business Visitors, Congress on Immigration, Consular Officers, Employment-Based Immigration, H-1B Visas, Immigration Reform, Immigration terminology, Obama Administration on Immigration, State Department
The sage of the current age, Wikipedia, defines the term “nonmaleficence” — from the Latin primum non nocere – as a principle of medical ethics, one that in my view is equally applicable to the immigration sphere.  The princple holds that “given an existing problem, it may be better not to do something, or even to do nothing, than … Continue Reading