Immigration Blog

Presidential Primary Updates: Cruz and Clinton Win the Iowa Caucuses

Written by Alexander J. Segal on

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After nearly a year of buildup and excessive coverage of every utterance of Donald Trump, the Iowa Caucus on February 1, 2016, marked the beginning of the 2016 Presidential Primaries. In this post, I will review the victories for Ted Cruz and Hillary Clinton, offer my thoughts, and look ahead to the New Hampshire Primaries on February 9.

Update on Congressional Efforts to Reform the EB5 Program

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In my previous articles on the debate over the future of the EB5 program, I highlighted various proposals being floated in both the U.S. House and Senate. The Hill reports that the plot has thickened now, as competing legislation drafted by Senator Jeff Flake (R-Arizona) and signed on to by Senators Chuck Schumer (D-New York) and John Cornyn (R-Texas) is set to be proposed.

Governor Doug Ducey of Arizona Wants State Moved from the Ninth Circuit

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The Associated Press reports that Governor Doug Ducey (R) of Arizona is pushing to have Arizona taken out of the appellate jurisdiction of the Ninth Circuit Court of the Appeals. In this post, I will explain how the Ninth Circuit fits in the appellate court system and the reasons why the Governor of Arizona is pushing to have his state moved from the Ninth Circuit.

Interview With AILA's New Executive Director

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The American Immigration Lawyers Association (AILA) released a short interview with the new Executive Director of AILA, Benjamin Johnson. Johnson spent the interview discussing his background in immigration law and what he hopes to achieve in his tenure as AILA Executive Director. I found the beginning of the interview where Johnson explains his path to becoming an immigration lawyer particularly interesting.

NVC Sending Letters to Correct Erroneous Form I-130 Denials

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On January 26, 2016, the American Immigration Lawyers Association (AILA) reported that the Department of State’s (DOS’s) National Visa Center (NVC) has begun sending letters to immigrant visa applicants who were erroneously sent termination letters under section 203(g) of the Immigration and Nationality Act (INA) notifying them that their cases are not terminated. The issue stemmed from immigrant visa applicants who had a Form I-601A, Application for Provisional Unlawful Presence Waiver pending with United States Citizenship and Immigration Services (USCIS), but received a denial based on having made no contact with the NVC within one year.

The Supreme Court Grants Review of DAPA Case

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The Supreme Court has granted review of the Fifth Circuit's decision to uphold an injunction against the DAPA program. In this blog post, I will explain what this development means, and the unusual decision by the Supreme Court to add an issue to the case which was not decided by the Fifth Circuit.

Donald Trump and Amnesty

Written by Alexander J. Segal on

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Donald Trump's rise to the top of the Republican polls — where he sits with less than a week remaining before the first votes are cast — has been punctuated by his incoherent and inhumane immigration proposals. While I am loath to give Trump more attention than he already has, I will use my perspective as an immigration attorney and a Republican primary voter to analyze Trump's immigration platform. For this post, I will explain how Trump effectively supports immigration amnesty simultaneously with his proposal for mass deportation. Furthermore, I will look at how his views on how to handle people who are here illegally have shifted dramatically within the past five years.

My Thoughts on Implementation of Changes to the Visa Waiver Program

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On January 21, 2016, the Department of Homeland Security (DHS) announced policies to begin implementing the changes to the Visa Waiver Program that were signed into law in December of 2015. In this post, I will explain what DHS has announced and offer my thoughts on its policies, especially with regard to waiver consideration for people who do business in Iran.

New Rules for EB1B, E3, H1B1, and CW1

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On January 15, 2016, the Department of Homeland Security (DHS) posted new final rules to the Federal Register (81 FR 2068, 1/15/16). The new rules will affect the EB1B immigrant visa preference category and the H1B1, E3, and CW1 nonimmigrant visa categories. In this post, we will examine all of the new rules in 81 FR 2068.

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