Immigration Blog

Wendy Barlow's picture

Stop-Time Rule After the Matter of Ordaz

An alien who has been placed in removal proceedings and has been living in the United States without legal status for a long time may be eligible for Non-LPR Cancellation of Removal pursuant to Immigration & Nationality Act (the “INA”) § 240A(b)(1). See INA § 240A(b)(1). To be eligible for Non-LPR Cancellation of Removal, the alien must establish, among other things, he/sheAnchor has been physically present in the U.S. for a continuous period of at least ten years immediately prior to filing an EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents with the Immigration Court. 

Alexander J. Segal's picture

The Citizenship Clause Debate

Thanks in large part to the ongoing debates in the Republican Presidential primary, the concept of “birthright citizenship,” specifically that any person born on U.S. soil is a U.S. citizen from birth, has become a subject of much public debate. For my part, I think that the way the Fourteenth Amendment to the U.S. Constitution has been interpreted for the past 150 years is correct, and furthermore, I am unequivocally opposed to any attempts to change the way that birthright citizenship functions.

Alexander J. Segal's picture

New USCIS Guidance on L1B Adjudication

On August 17, 2015, USCIS released a new Policy Memorandum titled “L1B Adjudications Policy (PM-602-0111),” which builds upon previous agency guidance for adjudicating L1B Intracompany Transferee Visa petitions, especially with regard that the beneficiary possess “specialized knowledge” in order to be eligible.

Alexander J. Segal's picture

Rule on Extra Optional Practical Training for F1 Students with STEM Degrees is Vacated

In a decision with major ramifications for certain F1 students with STEM degrees who are engaging in optional practical training [OPT], the United States District Court for the District of Columbia held in a memorandum opinion in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, decided on August 12, 2015, that a 2008 Department of Homeland Security [DHS] rule extending the length of OPT for certain STEM students is invalid because DHS enacted this new rule without first serving notice and providing an opportunity for public comment.

Alexander J. Segal's picture

The Many Problems of E-Verify

I recently came across a terrific paper that I would like to share with you courtesy of the Cato Institute, “Checking E-Verify: The Costs and Consequences of a National Worker Screening Mandate,” by Alex Nowrasteh and Jim Harper. The article uses ample facts, figures, and other evidence from seeing E-Verify in practice to argue a point with which I agree wholeheartedly: E-Verify is a terrible system.

Alexander J. Segal's picture

New Rules for Work Experience for Special Religious Workers

In a decision issued by the U.S. Court of Appeals for the Third Circuit in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), held that United States Citizenship and Immigration Services (USCIS) had exceeded its authority in enacting regulations found in 8 C.F.R. sections 204.5(m)(4) and (11). In response, USCIS released an important policy memorandum on July 5, 2015, titled Qualifying U.S. Work Experience for Special Immigrant Religious Workers. The judicial holding, in conjunction with the memorandum to make USCIS regulations consistent with the Shalom Pentecostal Church decision, make it easier for many of those hoping to gain classification as special immigrant religious workers to meet the work requirements in order to qualify.

Alexander J. Segal's picture

Updated List of H2A and H2B Eligible Countries For FY-2017

On October 26, 2016, the United States Citizenship and Immigration Services (USCIS) updated its list of countries eligible to participate in the H2A and H2B visa programs for the next fiscal year. The list saw one addition to the list of countries in St. Vincent and the Grenadines, whose nationals are eligible to participate in the H2A and H2B visa programs in FY-2017.

Wendy Barlow's picture

List of H2A and H2B Eligible Countries Updated for 2016

The Director of Homeland Security, with the concurrence of the Secretary of State, has updated the list of countries whose nationals are eligible to participate in the H2A and H2B Visa programs. The list must be updated annually. It was published in the Federal Register at 80 FR 72079 on November 18, 2015.

Alexander J. Segal's picture

USCIS expands signature waivers for new Green Cards

Prior to February of 2015, every I-551 card (also known as a Lawful Permanent Resident (LPR) card or Green Card) was generally required to be signed by the card-holder. United States Citizenship and Immigration Services (USCIS) would generally only waive the signature requirement for Green Cards if the beneficiary was a child under the age of consent to provide a signature, or if the recipient was physically unable to provide a signature. However, this rule appears to now be changing rapidly.

Alexander J. Segal's picture

New Jersey / New York Asylum Liaison Meeting

A regular liaison meeting between NY and NJ asylum office leadership and representatives of the New York and New Jersey legal community took place at the offices of the Immigration Coalition in NYC on February 4, 2015. Susan Raufer, Director of the Newark Asylum Office and a staffer for the NY Asylum Office appeared at the meeting. Members of various non-for-profits representing immigrants in immigration cases in NYC area and some members of the private bar including Wendy Barlow and Alexander J. Segal of the Law Offices of Grinberg & Segal, P.L.L.C. appeared for the meeting.

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