HIV Travel/Immigration Ban Lifted – Sort Of

On July 24, 2008, the House passed H.R. 5501, which includes a provision that would repeal the HIV travel/immigration ban by amending the current health-related ground of inadmissibility to exclude any reference to HIV. The Senate passed the same bill…

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New York District Court Strikes Down Professional Licensure Law

A Court finds a New York state professional licensure statute unconstitutional under both the equal protection clause and the supremacy clause in that it discriminates against those who are not citizens or permanent residents. Plaintiff is a veterinarian on a…

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Two Year Work Cards to Be Issued

On June 9, 2008, Chertoff annouced that USCIS will begin issuing two year work permits, instead of one year work permits, for certain individuals who have pending adjustment of status cases (pending green cards). To read the release, click here….

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Office of the Inspector General Releases FBI Security Check Procedures Audit

This month the Office of the Inspector General released the results of their FBI Security Procedures Audit. The redacted, 123 page report released to the public summarizes the current FBI name check program, it’s deficiencies, and makes recommendations. Notably, last…

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Checking That You Are a U.S. Citizen on an I-9 Form Will Cause Inadmissibility

In March, 2008, the 8th Circuit held that an individual who checked the box on the I-9 Form given to him by a private employer stating that he was U.S. Citizen was found inadmissible. Despite marrying a U.S. Citizen five…

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Three High-Skilled Visa Bills Introduced into the House

On March 14, three bills were introduced into the House of Representatives relating to high-skilled visas. Rep. Smith (R-TX) introduced H.R. 5642 which would increase the numerical limitation with respect to H-1B non-immigrants for fiscal years 2008 and 2009. Rep….

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USCIS Announces Interim Rule on H-1B Visas

The USCIS announced a new interim rule today that would: Change from 2 days to 5 days the period of time during which cap-subject H-1Bs can be received to be included in any “lottery” that would occur if, as expected,…

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USCIS head, Emilio T. Gonzalez, Announces Resignation

On March 13, 2008, Director of USCIS, Emilio T. Gonzalez, announced his resignation. To read the story, click here. To read Michael Chertoff’s comments, from the Department of Homeland Security, click here. By Michelle Richart

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What Expect When You Apply to Naturalize

Individuals who are lawful permanent residents often consider whether or not they should apply for U.S. Citizenship through the naturalization process. This application process can see somewhat daunting and there are many things to know and consider before one applies…

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FBI Name Check Backlog May Clear Up in 6 Months!

According to the American Immigration Lawyers Association (AILA), DHS Secretary Chertoff indicated that USCIS and the FBI are changing parts of the name check process, with the expected result that a large proportion of the backlog should be cleared within…

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