When Immigration Matters

Immigration 101: Moving to the US from Europe: A Checklist for Expats

Posted by Karen-Lee Pollak on Thu, Sep 13, 2012 @ 10:53 AM

 In today’s world, many of us are psychologically attached to our belongings.  So, what does that mean when we need to move overseas? Do you take everything?

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Do Immigrants Have the Right To Counsel before ICE, CBP and USCIS?

Posted by Karen-Lee Pollak on Sun, Jun 03, 2012 @ 10:05 AM

"On May 31, 2012, in an effort to improve access to counsel before CBP, ICE and USCIS, the LAC and Penn State Law’s Center for Immigrants’ Rights released the report, Behind Closed Doors: An Overview of DHS Restrictions on Access to Counsel (docs/Behind_Closed_Doors_5-31-12.pdf). The report describes restrictions on access to legal representation before DHS, provides a legal landscape, and offers recommendations designed to combat DHS’s harmful practices. It also addresses recent changes to USCIS guidance that are intended to expand access to legal representation.  The report includes anecdotes from immigration attorneys across the country indicating that CBP, ICE and USCIS often interfere with noncitizens’ access to counsel in benefits interviews, interrogations, and other types of administrative proceedings outside of immigration court. Depending on the context, immigration officers completely bar attorney participation, impose unwarranted restrictions on access to legal counsel, or strongly discourage noncitizens from seeking legal representation at their own expense." IAC Legal Action Center, May 31, 2012.

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Employees applying for an H-1B visa in Hyderabad, India-New Requirements

Posted by Karen-Lee Pollak on Sat, Feb 25, 2012 @ 12:02 PM

Employers using the H-1B category are required to make certain attestations in the DOL’s Form 9035, “Labor Condition Attestation” commonly referred to as the LCA.  Now the Department of State has created its own set of attestations for employees applying for an H-1B visa in Hyderabad, India. It seems the attestations are primarily aimed at IT consulting companies who typically place their employees at third-party sites.  These attestations consist of a sworn statement by the visa applicant acknowledging certain facts.

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58 Countries Eligible for H-2A and H-2B Visa Programs

Posted by Karen-Lee Pollak on Wed, Feb 01, 2012 @ 4:25 PM
The Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A and H-2B Visa programs for the coming year. The notice listing eligible countries . Each country’s designation is valid for one year from the date of publication.

The H-2A Visa and H-2B Visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs and temporary nonagricultural jobs, respectively. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries the Secretary of Department of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

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USCIS Immigration Memo Stirs Controversy

Posted by Michael Pollak on Mon, Aug 02, 2010 @ 1:55 PM

An interesting read from Julia Preston of the New York Times regarding allegations from Republican lawmakers that the Obama administration is attempting to enact “meaningful immigration reform absent legislative action” — that is, without the consent of the American people through a vote in Congress.

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USCIS Expands Payment Options at All Domestic Offices

Posted by Michael Pollak on Tue, Jul 27, 2010 @ 10:20 AM

U.S. Citizenship and Immigration Services (USCIS) today announced that beginning October 1, 2010, domestic offices and U.S. territories, including the U.S. Virgin Islands and Guam, will no longer accept cash payment.  Eliminating the acceptance of cash will reduce USCIS operating costs.  As an alternative to cash, our customers may pay using checks (including personal checks), money orders, and credit cards.  Checks and money orders must be made payable to the U.S. Department of Homeland Security.  Processing of your application will not be affected by the use of an alternative payment method.

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George Bush Intercontinental Airport Automates CBP Form I-94W

Posted by Michael Pollak on Wed, Jun 02, 2010 @ 8:28 PM

Houston - CBP Service Port Director Estell announced that CBP at George Bush Intercontinental Airport – IAH will be going to an automated CBP Form I-94W (paperless) for Visa Waiver Program (VWP) travelers who successfully apply on-line for the required Electronic System for Travel Authorization (ESTA).  After June 8, 2010, the ESTA registered VWP travelers will not be issued a paper I-94W.  The CBP officers will stamp VWP visitors’ passports with the admission stamp and annotate their passports with the admission class and the exact admission validity date.  The stamp will be the evidence of the VWP visitors’ status.

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USCIS Update for Documentation Employers & Temporary Protected Status Beneficiaries

Posted by Michael Pollak on Mon, May 17, 2010 @ 10:03 AM

Temporary Protected Status (TPS) is an immigration benefit granted by the Department of Homeland Security (DHS) to eligible individuals in the United States who are nationals of a country (or persons without nationality who last habitually resided in such country) that has been designated for TPS.  A country may be designated for TPS on the basis of on-going armed conflict, environmental disaster or other extraordinary and temporary conditions that prevent such nationals from safely returning to their homelands.  TPS is granted to eligible individuals from the designated countries for time-limited periods, depending on the length of the country designation or an extension of that designation.

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Visa Waiver Program Now Includes Greece

Posted by Michael Pollak on Thu, Mar 11, 2010 @ 2:07 PM

Department of Homeland Security has designated Greeceas a member of the Visa Waiver Program. Greek citizens will be required to apply for an Electronic System Travel Authorization through the Web-based system and will be able to visit the U.S. without visas in approximately 30 days.  Under the Visa Waiver Program, beneficiaries may visit the United states for 90 days without first obtaining a visa.  

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Napolitano Reaffirms Immigration Reform is Top Priority for 2010

Posted by Michael Pollak on Sat, Nov 14, 2009 @ 8:37 AM

WASHINGTON DC-- Homeland Security Secretary Janet Napolitano on Friday reaffirmed President Obama's commitment to pass comprehensive immigration reform.

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