Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: USCIS

Subscribe to USCIS RSS Feed

Parole-in-Place — The Immigration PIPsqueak That Could Help Solve the Biggest Obstacle to Comprehensive Reform

Posted in Congress on Immigration, Deportation - Removal, Homeland Security, Immigration Reform, Immigration terminology, Obama Administration on Immigration, Parole-in-Place, Removal Proceedings, Unlawful Presence, USCIS

The last few weeks have witnessed severe shocks to the health care system known as Obamacare. The President has issued mea culpas for the not-ready-for-prime-time web site, Health.gov, and for his campaign promise to Americans that if they liked their health insurance plan, they could “keep it. Period.” Americans who’ve lost their preferred health plan have also experienced shocks, … 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. They who should be allies 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 Eastern Continue Reading

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

Posted in Administrative Appeals Office - USCIS, Congress on Immigration, Consular Officers, Courts on Immigration Law, GOP on Immigration, L-1 Visa, Obama Administration on Immigration, Requests for Evidence (RFEs), USCIS

[Bloggers Note:  The second of 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 II)  By Angelo A. Paparelli

As noted in our last post, American businesses which offer U.S. secondments to … 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 coveted  H-1B … Continue Reading

Prosecutors, Aim Your Weapons — Targeting Fraud upon Immigrants

Posted in Guest Columns, Immigration Reform, Unauthorized Practice of Immigration Law, USCIS

[Blogger’s note:  Today’s post is authored jointly by Angelo A. Paparelli and Ted J. Chiappari with editorial assistance from Olivia Sanson. It is reprinted with permission from the August 28, 2013 edition of the New York Law Journal. © 2013 ALM Properties Inc. All rights reserved. Further duplication without permission is prohibited. The authors thank the Journal for permission to Continue Reading

USCIS, America’s Immigration Cutcherry, Adopts New Procedures as the Boss Readies for a Move Upstairs

Posted in Administrative Appeals Office - USCIS, Homeland Security, Immigration "Tribes", Immigration Lawyers, USCIS

Over the 4th of July weekend, I devoured a fascinating book and, in the course of it, learned a new synonym for “bureaucracy”  — “cutcherry” — taken from Hindi and apparently originating with the British East-India Company’s bureau office in what is now Chennai.

The book, The Professor and the Madman ~ A Tale of Murder, Insanity, 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 Department of Homeland … Continue Reading

The Immigration Scandal at DHS — Just as Bad as at IRS

Posted in Border Issues & CBP, Congress on Immigration, Enforcement/USICE, Fraud Detection & National Security (FDNS), Homeland Security, Immigration Reform, Labor Unions, Obama Administration on Immigration, USCIS

Immigration law and tax law, although at first glance strikingly different, share much in common.  Each rivals the other in complexity.  Each permeates every nook and cranny of human behavior — from commerce and criminality to love and divorce, from mental illness to extraordinary brilliance, from birth to death and everything in between. Though each is a distinct legal discipline, … Continue Reading

No Time for Rich-Whining, CIR Advocates Must Stay Focused on the Senate

Posted in Customs and Border Protection, Democrats on Immigration, EB-5, Employment-Based Immigration, Enforcement/USICE, Family Immigration, Global Migration, GOP on Immigration, H-1B Visas, Homeland Security, Immigration Reform, L-1 Visa, USCIS, USCIS Ombudsman

While most of the nation fixated this week on black and brown American heroes in Cleveland, the attention of immigration advocates diverged.  They vacillated between delight with the imploding anti-immigration conservative movement and nail-biting over votes on a flood of amendments to the massive, bipartisan Gang of Eight bill in the Senate Judiciary Committee.

Schadenfreude abounded over the fall … Continue Reading

The Xenophobes Can’t Kill Immigration Reform – But What Should CIR Supporters Do Now?

Posted in Border Security, Democrats on Immigration, Foreign policy, GOP on Immigration, Homeland Security, Immigration Agency Expertise, Immigration Reform, USCIS

The usual xenophobic suspects made the usual noises after the tragic events in Boston last week.  Perhaps the most premature outcry came from electrified-border-fence proponent, Rep. Steve King, Republican from Iowa, who a day after the marathon explosions linked a report (ultimately untrue) that a Saudi national had planted the bombs with King’s mission to stop comprehensive immigration reformContinue 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 is not the meme it … Continue Reading

The New I-9: Why Now When We Need Immigration Amnesty for Employers?

Posted in Congress on Immigration, DHS Technology Reforms, Enforcement/USICE, I-9s, Immigration Lawyers, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, USCIS

The New I-9: Why Now When We Need Immigration Amnesty for Employers? By Nicole Kersey and Angelo A. Paparelli

 

Irony was plentiful last week in Washington and around the country. 

One particularly hawkish Republican, Senate Minority Leader Mitch McConnell (who never met a war-on-terror strategy he disliked), glommed onto Senator Rand Paul’s filibustery droning against drones in protest of John … 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 years of Republican opposition … 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 will be entrusted mainly to … Continue Reading

The I-9 Audit Process is a Game — Alas, it is Football, not Soccer

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS

[Blogger’s note:  Today’s guest column is by my colleague at Seyfarth Shaw, John Quill. Three abiding passions animate John — love of family, sports (hockey in particular) and immigration law.  His passion for sports and frustration with U.S. immigration law’s employer-sanctions enforcement regime combine today to bring us this insightful and wistful post.] 

 

The I-9 Audit Process is 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 future post.  The other — … 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 years of culinary displeasure, … 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 how we face … 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, have marveled at his intelligence, … Continue Reading

Immigration’s NannyStateGate: Picking EB-5 Winners and Losers

Posted in Congress on Immigration, Employment-Based Immigration, Investor Immigration, USCIS

With one week to go before the election, the final days have been marked by heated arguments over the proper role of government.  In the prime battleground state of Ohio, the Presidential candidates have crisscrossed virtually every county, arguing over whether and when government should intervene to save or create jobs.

Political comic, Jon Stewart, recently offered his usual sarcasm-saturated take on … Continue Reading

Hey, Immigration Bureaucrats: Corporations Are NOT People!

Posted in DOL, Employment-Based Immigration, H-1B Visas, Immigration Regulations, Obama Administration on Immigration, USCIS

At least by 1602 with the chartering of the Dutch East India Company, and perhaps as early as the 1300s with the formation of the first colleganza, a rudimentary joint-stock company set up in Venice to share the cost of a trade expedition, human beings and corporations have cohabited the earth.

Although the shared habitation of human and juridical beings has never been … Continue Reading

The EB-5 Investor Immigration Program: Green Shoots or Chutes and Ladders?

Posted in Investor Immigration, USCIS

The EB-5 immigrant investor green card program resembles a multi-country version of Chutes and Ladders, the “game of rewards and consequences“.  In the EB-5 edition, the ladder represents progress toward a green card and the chute is an ICE-tunneled luge ride ending in immigration court at a removal hearing. 

This comparison only begins to approach the bewildering … 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 … Continue Reading