Immigration Legislation Update: Late Breaking Seminar Now Closed - Recording Available
The Immigration Legislation Update: Late Breaking Seminar has reached the registration limit and is now closed due to great demand. This seminar will be recorded and a free recording will be available to members via Agora.
CBP Working to Improve Arrivals for International Travelers
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CBP press release on agency efforts to ease international arrivals process with new technology and procedures, including information on I-94 automation, Global Entry, SENTRI, Electronic System for Travel Authorization (ESTA) and Visa Waiver programs.
Your AILA8 for May 22, 2013
House Judiciary Committee Hearing on S.744 and IRCA
On 5/22/13, the House Judiciary Committee held a hearing entitled “S.744 and the Immigration Reform and Control Act of 1986: Lessons learned or Mistakes Repeated?”
TRAC Report on Removal Decisions of ICE Detainees
Transactional Records Access Clearinghouse (TRAC) report from May 2013 showing that out of the 1,500 individuals taken into custody by ICE on a typical work day, the latest ICE data record shows that about 1,000 were eventually removed and only 360 individuals were released after posting bond.
USCIS Invitation to NSC Stakeholder Call on Refugee/Asylee Issues
USCIS invitation to a 6/13/13 NSC teleconference on refugee and asylee issues. Call-in information will be provided closer to the date of the call.
Feeling Lost on InfoNet? This Guide Will Help!
Are you new to AILA? Feeling overwhelmed by InfoNet? Don’t worry – we’ve got you covered. This presentation will take you through all the areas on InfoNet and show you what kinds of materials and resources you can find there.
Been Thinking About Signing Up for the AILA/AIC India Trip?
You won’t want to miss it! Consular meetings in New Delhi, Mumbai, and Chennai are confirmed and plans for additional activities are well underway. Sign up by June 7 for early-bird perks including a copy of AILA’s Consular Practice Handbook. Registration deadline is July 15. Sign up today!
Daily Immigration News Clips – May 22, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 22, 2013.
AILA Statement for House Judiciary Hearing on S.744 and IRCA
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AILA Statement submitted to the House Judiciary Committee for the 5/22/13 hearing on “S.744 and the Immigration Reform and Control Act of 1986: Lessons learned or Mistakes Repeated?”
S.744 Markup- 5/21/13 (Updated 5/22/13)
Summary of Day Five of Senate Judiciary Committee Markup of S.744 (May 21, 2013)
AILA Quicktake #22: Successful Markup Completed
The Senate Judiciary Committee wrapped up weeks of work on immigration reform by passing S. 744 out of committee by a bipartisan vote of 13 to 5 on May 21. AILA Executive Director Crystal Williams joins us to discuss this momentous occasion and what remains in store.
For AILA Members: Letter to the Editor Template - Support S.744
AILA members can personalize and localize this Letter to the Editor template and submit it to their local media outlets as a way to encourage their Senators to support bipartisan immigration reform.
USCIS Oklahoma City Field Office Re-Opens After Tornadoes
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USCIS press release announcing that the USCIS Field Office in Oklahoma City will re-open on May 22, 2013 at full capacity following restoration of water and power to the facility.
Practice Tip: Indicating Alternate Degree/Experience Requirements on ETA 9089
AILA NSC Liaison practice tip providing advice for drafting ETA 9089 forms to clearly indicate job requirements where a bachelor’s is required, but an alternative to a U.S. bachelor’s degree or a foreign equivalent degree (e.g., a 3-year bachelor’s degree) is acceptable.
2013 Visa Reciprocity Changes (Updated 5/22/13)
Department of State updates to the visa reciprocity tables, including updated information on Burma.
DOJ Indicts Members of International Sex Trafficking Ring
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DOJ press release announcing indictment of several Mexican nationals on charges of sex trafficking and alien harboring for using force, fraud and coercion to compel several women to engage in prostitution in Georgia at various times after bringing their victims from Mexico and Guatemala.
AILA Commends Senate Judiciary Committee and Calls On Full Senate to Show Similar Commitment to Immigration Reform
AILA commends the Senate Judiciary Committee as it wrapped up weeks of work on immigration reform by passing S. 744 out of committee with a bipartisan vote of 13 to 5.
Immigration Politics 2013
AILA Advocacy Departments’ weekly briefing.
AILA Comments on Proposed Changes to Form I-290B
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AILA’s comments on USCIS changes to Form I-290B and its corresponding instructions. Special thanks to Turid Owren, Dan Berger, and Adam Rosen. AILA Doc. No. 13052156.
CBP Announces Opening of Seasonal Border Station at Ely, Minnesota
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CBP press release announcing that the Inspection Station at Ely, Minnesota will open for the summer tourist season on May 25, 2013 and the seasonal hours of operation will be in effect until September 7, 2013. AILA Doc. No. 13052155.
Readout of President & Vice President’s Meeting with DREAMer Families
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White House press release on 5/21/13 meeting with young immigrants who received deferred action and with siblings and spouses of undocumented immigrants where President Obama reiterated his commitment to passing a bipartisan, commonsense immigration reform bill this year. AILA Doc. No. 13052154.
California Service Center Processing Time Report (5/21/13)
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CSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052153.
Nebraska Service Center Processing Time Report (5/21/13)
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NSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052152.
Texas Service Center Processing Time Report (5/21/13)
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TSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052151.
Vermont Service Center Processing Time Report (5/21/13)
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VSC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052150.
National Benefits Center Processing Time Report (5/21/13)
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NBC Processing Time Report released 5/21/13 with processing dates as of 3/31/13. AILA Doc. No. 13052149.
AILA Leadership Blog: Immigration Reform and Making a Workable H-1B Program
In a blog post, AILA Media-Advocacy Committee Chair Deb Notkin discusses H-1B provisions in S. 744, noting that while the bill increases H-1B numbers, “restrictive provisions would render the increased numbers ultimately ineffective in obtaining the talent that we need.”
Your AILA8 for May 21, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13052148.
GAO Testimony on Observations of DHS's Overstay Enforcement Efforts
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Written testimony by GAO Homeland Security & Justice Director Rebecca Gambler for 5/21/13 House subcommittee hearing analyzing DHS overstay records for national security/public safety concerns, improving data on potential overstays and planning for a biometric exit system. AILA Doc. No. 13052147.
Daily Immigration News Clips – May 21, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 21, 2013. AILA Doc. No. 13052146.
Border Security, Economic Opportunity, and Immigration Modernization Act (Updated 5/21/13)
On 4/16/13, the Senate "Gang of Eight" introduced S. 744, the "Border Security, Economic Opportunity, and Immigration Modernization Act." AILA Doc. No. 13041760.
ICE/CBP Joint House Testimony on Visa Security and Overstays
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Written joint testimony by ICE, CBP & NPPD for 5/21/13 House subcommittee hearing entitled "Visa Security and Overstays: How Secure is America?" on issues related to DHS Visa Security Program, Student and Exchange Visitor Program (SEVP), US-VISIT and more. AILA Doc. No. 13052144.
USCIS Notice of Office Closings for 2013 (Updated 5/21/13)
USCIS notice of Detroit Application Support Center will be closed due to a power outage. All applicants will be rescheduled to the next available appointment date. AILA Doc. No. 13012863.
AILA Quicktake: Final Title Under Debate in Senate Judiciary Committee
On May 20, the Senate Judiciary Committee completed Title III of the markup for S. 744 and began addressing the most controversial of the Titles - Title II. AILA Advocacy Director Greg Chen joins us to discuss the evening's late night session and the remaining debate. AILA Doc. No. 13052143.
US-VISIT Replaced By Office of Biometric Identity Management (OBIM)
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DHS press release announcing that the Office of Biometric Identity Management (OBIM) was created in March 2013 to replace the United States Visitor & Immigration Status Indicator Technology (US-VISIT) and streamline biometric identification services for federal agencies. AILA Doc. No. 13052142.
Foreign Nationals Sentenced to 3 Years in Federal Prison for Smuggling People from India
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ICE press release on sentence for two individuals found guilty of transporting groups of illegal persons from locations within India through South America, Central America and the Caribbean, and then into the U.S. by various means across the border. AILA Doc. No. 13052141.
CIS Ombudsman Invitation on USCIS Temporary Suspension of Certain H-2B Adjudications
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CIS Ombudsman invitation for a 5/30/13 teleconference on USCIS’s March 2013 temporary suspension of processing of certain H-2B petitions. The discussion will not focus on DOL’s response and the court decisions that resulted in DOL’s suspension. RSVP info included. AILA Doc. No. 13052140.
Practice Alert: DOS Explains Removal of Updated 9 FAM 40.63
DOS informed AILA that the update to 9 FAM 40.63 on 3/12/13, which stated that a minor who makes a false claim to citizenship is not inadmissible under INA 212(a)(6)(C)(ii) if he or she lacked legal capacity to make the claim, was removed as it was published prematurely. AILA Doc. No. 13052161.
S.744 Markup- 5/20/13 (Updated 5/21/13)
Summary of Day Four of Senate Judiciary Committee Markup of S.744 (May 20, 2013).
AILA Quicktake: Final Week of Markup Kicks Off in Judiciary Committee
The Senate Judiciary Committee continued the markup process as part of their effort to have immigration reform bill S.744 ready for the Senate Floor after Memorial Day. Joining us to discuss the debate thus far is American Immigration Council Executive Director Ben Johnson. AILA Doc. No. 13052057.
Op-Ed: Sessions Amendment Would Harm Military Families
The Hill published an op-ed piece by AILA member Margaret Stock on the potential impact on military families of an amendment to S. 744 filed by Senator Sessions which would mandate the imprisonment for 60 to 90 days of people who overstay their permission to be in the U.S. AILA Doc. No. 13052056.
USCIS Union Leaders Speak Out Against S.744
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A 5/20/13 press release from Kenneth Palinkas, President of the National Citizenship and Immigration Services Council, a union representing 12,000 USCIS adjudications officers and staff, adding his name to a letter by the National ICE Council detailing concerns over S.744. AILA Doc. No. 13052055.
Daily Immigration News Clips – May 20, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 20, 2013. AILA Doc. No. 13052054.
FY2013 H-2B Cap Count (Updated 5/20/13)
As of 5/17/13, USCIS receipted 22,572 beneficiaries toward the 33,000 H-2B cap amount for the second half of FY2013. This count includes 20,712 approved and 1,860 pending beneficiaries. H-2B cap count information for the first half of FY2013 is also available. AILA Doc. No. 12102342.
DOJ OSC May 2013 Newsletter
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DOJ Office of Special Counsel (OSC) newsletter for May 2013 covering issues related to recent enforcement activities, new Form I-9, webinar schedule for May-July 2013, and more. AILA Doc. No. 13052053.
CA2 Holds Petitioner Is Not Eligible for Cancellation of Removal
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The court held that the petitioner’s encounters with CBP were “formal, documented” processes through which he was determined to be inadmissible, and that his “voluntary returns” to Mexico therefore severed his physical presence. (Rosario-Mijangos v. Holder, 5/16/13) AILA Doc. No. 13052052.
Your AILA8 for May 20, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13052051.
CA7 Remands Asylum Case of Political Activist from Moldova
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The court found that the IJ and BIA applied the wrong legal standard in determining whether the petitioner had shown past persecution for his political activities in Moldova, and remanded the case to the BIA. (Prodan v. Holder, 5/20/13) AILA Doc. No. 13052050.
OCAHO Adjusts Fines to Deter Future Violations Without Being “Unduly Punitive”
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OCAHO reduces fines, finding that the fact that ICE chooses to disbelieve the employer’s explanation for completing forms late does not constitute evidence of bad faith. This is a companion case to U.S. v. Siwan & Brothers. (U.S. v. Siwan & Sons, 5/3/13). AILA Doc. No. 13052049.
CA9 Remands Asylum Case of Former Mexican Soldier
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The court remanded the asylum case for the BIA to reconsider whether members of a Mexican drug cartel were responsible for the harm suffered by the petitioner, and to determine whether the government is able to control the cartel. (Tapia Madrigal v. Holder, 5/15/13) AILA Doc. No. 13052048.
CA6 Finds German Homeschoolers Are Not Eligible for Asylum
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The court held that a German law requiring all children to attend school was not selectively applied to homeschoolers like the petitioners, and that the enforcement of the law did not amount to persecution against the petitioners. (Romeike v. Holder, 5/14/13) AILA Doc. No. 13052047.
CA4 Holds Conviction Is Not an Aggravated Felony, Reinstates Asylee Status
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The court held that the conduct the petitioner admitted to and on which his conviction for second degree assault necessarily rests does not constitute a crime of violence, and thus that he is not removable as an aggravated felon. (Karimi v. Holder, 5/13/13) AILA Doc. No. 13052046.
IJ Grants Deferral of Removal Under CAT to Mentally Ill Respondent
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The immigration judge granted deferral of removal under CAT, and held that the long-term use of physical restraints and psychotropic drugs in a Mexican psychiatric institution constitutes torture. Courtesy of Anna Markovich. AILA Doc. No. 13052045.
OCAHO Finds Fines Excessive in Light of Record as a Whole
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Fines reduced finding that absent specific evidence, there can be no presumption that the human resources training program of a large parent franchisor necessarily include I-9 compliance training at the time this store was opened. (U.S. v. Siwan & Brothers, 5/2/13). AILA Doc. No. 13052044.
TRAC Report Says 1,509 People Enter ICE Custody Each Day
Transactional Records Access Clearinghouse (TRAC) report from May 2013 showing that 1,509 individuals were taken into ICE custody each day in November and December 2012, which means that ICE will detain around 400,000 individuals during the current fiscal year at this rate. AILA Doc. No. 13052043.
USCIS Immigrant Fee Can Be Paid on USCIS ELIS Beginning May 19
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USCIS press release announcing that customers can now pay the $165 USCIS Immigrant Fee using the USCIS ELIS system. They can also view their benefit requests, receive electronic notification of decisions, and receive real-time case status updates using this new system. AILA Doc. No. 13052041.
Readout of DHS Secretary Napolitano's Visit to California
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DHS press release on Secretary Janet Napolitano’s 5/17/13 visit to California where she discussed commonsense immigration reform which helps businesses grow our economy by providing the skilled workers this country needs and also strengthens our economic competitiveness. AILA Doc. No. 13052040.
Florida Woman Indicted for Bringing Haitian Nationals to U.S. on Fraudulent H-2B Visas
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DOJ press release on indictment against a Florida woman for her role in bringing 143 Haitian nationals to the U.S. on fraudulently obtained H-2B guest worker visas that she & her co-conspirator secured based on false representations that there were jobs waiting for them. AILA Doc. No. 13052060.
USCIS Data on DACA Cases Received Through May 17, 2013
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USCIS statistics on DACA cases from 8/15/12 to 4/30/13 which shows a total of 497,960 accepted DACA requests for processing, 483,907 biometric services appointments scheduled and 291,859 requests approved. AILA Doc. No. 13051751.
AILA’s Hometown Radio Tour 2013
AILA’s Hometown Radio Tour 2013 was incredibly successful, reaching an estimated audience of nearly 53 million listeners around the country through local, regional and national outlets. Take a listen to some of the interviews recorded during AILA’s National Day of Action. AILA Doc. No. 13051750.
USCIS Invitation for Stakeholder Meeting on EB-5 Program
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USCIS invitation to a 5/23/13 stakeholder meeting on e-filing of the I-526 Form into ELIS, with an overview of the concept of a document library, soliciting feedback on managing access to the library, uploading/storing documents, and user expectations. RSVP info included. AILA Doc. No. 13051749.
AILA's Fourteen Stories: Dynamic Lawyers. Compassionate Results.
In this special publication, we have compiled some of the most heart-warming, inspirational, moving, and just plain amazing immigration moments from 2012 and 2013. AILA Doc. No. 13051748.
Seeing Over Zealous Adjudicators on VAWA, U or T Cases? AILA Wants to Know! (Updated 5/17/13)
AILA liaison is collecting case examples of RFEs on VAWA, U & T cases where USCIS has requested evidence which is above and beyond what the statute, regulations, and published guidance require. AILA Doc. No. 13030142.
AILA Quicktake: Current Status of Senate Immigration Bill 5/17/2013
Greg Chen, AILA Director of Advocacy, reviews the Senate Judiciary Committee’s markup of the “Gang of Eight” immigration reform bill to-date and looks ahead to the next week’s markup sessions, likely to be the last remaining week of the process. AILA Doc. No. 13051747.
USCIS Data on DACA Cases Received Through March 31, 2013 (Corrected)
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USCIS corrected statistics on DACA cases from 8/15/12 to 3/31/13 which was corrected on May 9, 2013 to revise the number of cases under review in October 2012 from 134,858 to 106,752 cases. AILA Doc. No. 13051746.
CA9 Rejects Matter of Silva-Trevino
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The court held that Matter of Silva-Trevino was wrongly decided, and that the IJ and the BIA improperly considered evidence beyond the record of conviction in holding that the petitioner was convicted of a CIMT. (Olivas-Motta v. Holder, 5/17/13) AILA Doc. No. 13051745.
Your AILA8 for May 17, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051744.
AAO Processing Time Report (5/1/13)
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AAO Processing Times as of May 1, 2013. AILA Doc. No. 13051743.
DOS Removes the Update to FAM Notes on False Claims to U.S. Citizenship (Updated 5/17/13)
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Transmittal removing the 3/12/13 update to 9 FAM 40.63 Notes, which clarified various issues and provided that a minor who makes a false claim to U.S. citizenship is not inadmissible under INA 212(a)(6)(C)(ii) if he or she lacked the legal capacity to make the claim. AILA Doc. No. 13032641.
AILA Election Instructions
Meet the candidates for National Officer and Elected Director positions. Many candidates have provided campaign statements describing their qualifications for office. AILA Doc. No. 13051742.
Daily Immigration News Clips – May 17, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 17, 2013. AILA Doc. No. 13051741.
Article: A Catch for Undocumented Immigrants in Recent Reforms
AILA President Laura Lichter is quoted in The Atlantic on the difficulties that some Deferred Action applicants have faced proving they were in the U.S. on June 15, 2012 and some creative and innovative ways that lawyers and clients have found to show presence. AILA Doc. No. 13051740.
International Visitors Spent $14.4 Billion in U.S. in March 2013
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Department of Commerce press release announcing new data that shows spending by international visitors to the United States in March 2013 totaled more than $14.4 billion, an increase of nearly 3 percent when compared to last year. AILA Doc. No. 13051761.
DOL News Brief Newsletter for May 16, 2013
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DOL News Brief newsletter from 5/16/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more. AILA Doc. No. 13051760.
AILA Memorandum on Eligibility of J-2 Derivatives to Obtain Nonimmigrant Classifications
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Memo by AILA’s Healthcare Professionals/Physicians Committee to USCIS Director Mayorkas on the eligibility of J-2 derivatives of J-1 waiver physicians to obtain nonimmigrant classifications other than H-4 during the J-1 physician’s three year J-1 waiver commitment. AILA Doc. No. 13051601.
Update on Receipt Notices for FY2014 H-1B Cap Cases (Updated 5/16/13)
USCIS has completed data entry and mailing of receipt notices. Rejection notices will follow. AILA Doc. No. 13041600.
USCIS Teleconference Invitation for Current & Prospective Civil Surgeons
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USCIS invitation for 5/29/13 stakeholder teleconference for current and prospective civil surgeons to discuss updates to Form I-693, Report of Medical Examination and Vaccination Record, and offer an overview of the USCIS civil surgeon designation. RSVP info included. AILA Doc. No. 13051659.
AILA Resources on I-94 Automation (Updated 5/16/13)
AILA liaison provides a list of resources found on InfoNet and related to CBP’s automation of Form I-94. AILA Doc. No. 13050248.
Practice Pointer: Automated Form I-94 Admissions Issues, Best Practices, and Problem Resolution
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CBP liaison committee practice pointer on I-94 automation which discusses various concerns, such as printing the Form I-94, locating it online, and resolving admission records issues. AILA Doc. No. 13051658.
How to Walk the Ethical Line- Being Less Stressed Out
No matter the question or the context, it is always prudent to remain within the boundary line of what is ethical. Join the conversation as our three expert panelists walk through four common and seemingly simple fact patterns that can trap the unwary lawyer. AILA Doc. No. 13051657.
ICE Arrests Former Customs Inspector for Selling Fake Documents
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ICE press release announcing the arrest of a former U.S. Customs inspector who was involved in selling counterfeit immigration documents, including employment authorization cards and B-1/B-2 non-immigrant visitor visas defrauding more than 50 people out of about $100,000. AILA Doc. No. 13051656.
AILA/CBP Liaison Q&As (4/11/2013)
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AILA/CBP liaison offers unofficial Q&As for a 4/11/13 meeting. Topics include redress, Beyond the Border, admission errors, blanket L validity, non-controlled aliens, I-94 automation, NAFTA, FOIAs, ARO, Global Entry, Trusted Traveler, access to counsel, and sequestration. AILA Doc. No. 13051655.
CBP FAQs on Form I-94 Admission Number Retrieval
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CBP frequently asked questions document on I-94 admission number retrieval, including questions on information that needs to be provided, length of time that admission record will remain on I-94 website, revalidating a visa without I-94 and more. AILA Doc. No. 13051654.
Your AILA8 for May 16, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051653.
S.744 Markup - 5/16/13
Summary of Day Three of Senate Judiciary Committee Markup of S.744 (May 16, 2013). AILA Doc. No. 13051641.
Daily Immigration News Clips – May 16, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 16, 2013. AILA Doc. No. 13051652.
San Diego Chapter ICE OPLA Liaison Minutes (April 2013)
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Notes from the San Diego Chapter’s April 2013 meeting with ICE OPLA, including information on prosecutorial discretion, case processing delays, contacting ICE, Howard termination cases, DACA, and termination for individuals who may be eligible for the Cuban Adjustment Act. AILA Doc. No. 13051651.
Ohio AILA Chapter – ICE/ERO Liaison Meeting Minutes (4/24/13)
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Minutes from the AILA Ohio Chapter’s meeting with local ICE/ERO on 4/24/13, including information on ISAP, filing an I-246 Application for Stay of Deportation/Removal, DACA, removal "quotas," ICE contact information, and bond. AILA Doc. No. 13051650.
BIA Holds Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility
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The Board held that a parent’s LPR status and residence in the U.S. cannot be imputed to an unemancipated minor for purposes of establishing the child’s eligibility for cancellation of removal. Matter of Montoya-Silva, 26 I&N Dec. 123 (BIA 2013). AILA Doc. No. 13051649.
BIA Reverses IJ, Grants Cancellation of Removal
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In this unpublished decision, the Board found that the IJ did not properly consider evidence of the country conditions in Honduras, including the effects of Hurricane Mitch and the testimony of an expert witness. Courtesy of Thomas Fulghum. AILA Doc. No. 13051648.
There’s an App for That… (Part II)
We just couldn’t get enough, so here are some more of our favorite apps that help make practicing law a little bit easier. Get connected, be productive and manage your busy practices with this week’s practice success tip. AILA Doc. No. 13051647.
Procedures for Alerting ICE of a Stay of Removal Request (Updated 5/16/13)
AILA ICE Liaison Committee practice pointer on how to use the ICE Community and Detainee Helpline to alert ICE that there is a stay of removal request pending for a detained respondent. AILA Doc. No. 13042447.
EOIR Announces Opening of Adelanto Immigration Court in California
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Executive Office for Immigration Review press release announcing the full-time presence and opening of an immigration court in the Department of Homeland Security contract detention facility in Adelanto, California on May 20, 2013. AILA Doc. No. 13051643.
DHS Notice on ICE Mutual Agreement between Government & Employers (IMAGE)
DHS notice of information collection on ICE Mutual Agreement between Government & Employers (IMAGE) program which tries to enhance compliance with immigration laws & reduce number of unauthorized workers within American workforce. Comments due 7/15/13 (78 FR 28894, 5/16/13) AILA Doc. No. 13051646.
DHS Notice on Homeland Security Investigations Forensic Lab System of Records
DHS notice of proposed rulemaking pursuant to the Privacy Act of 1974 for the "Department of Homeland Security/U.S. Immigration and Customs Enforcement—014 Homeland Security Investigations Forensic Laboratory System of Records." Comments due 6/17/13 (78 FR 28761, 5/16/13) AILA Doc. No. 13051645.
USCIS ELIS Maintenance Scheduled for May 18 and 19
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USCIS public statement announcing that the USCIS ELIS system will be temporarily off line Saturday, May 18 from 4 am EDT to 5:30 pm EDT and Sunday, May 19 from 4 am EDT to 4 pm EDT as they update the system. AILA Doc. No. 13051644.
USCIS Office in Guangzhou, China is Now Open Again
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USCIS public statement announcing that the USCIS Office in Guangzhou, China is now open and customers with previously scheduled appointments from May 13-16, 2013 will be contacted by the office when a future appointment date has been set. AILA Doc. No. 13051642.
AILA Quicktake: Title III Up Next for Senate Judiciary Committee
Stay up-to-date on the reform debate with AILA Quicktakes. The Senate Judiciary Committee continues markup of Senate Bill S.744 with hopes of completing Title IV and moving on to Title III. Here to discuss the matter further is AILA President-Elect Doug Stump. AILA Doc. No. 13051640.
House Committee Hearing on H.R. 1772 and 1773
On 5/16/13 at 10:00 am (ET) the House Subcommittee on Immigration and Border Security of the Judiciary Committee will hold two hearings on H.R. 1772, the “Legal Workforce Act” and H.R. 1773, the “Agricultural Guestworker Act.” AILA Doc. No. 13051502.
CA7 Seriously Critiques BIA Treatment of Asylum Cases Based on Forced Sterilization
(.pdf 548 KB)
The court wrote that the BIA brushed aside whether the petitioner faces a substantial risk of compulsory sterilization if she is removed to China, critiqued the BIA for its treatment of the evidence, and remanded the case. (Chen v. Holder, 5/9/13) AILA Doc. No. 13051501.
CA9 on EAJA Fees
(.pdf 477 KB)
The court denied the motion for attorney’s fees, although one Circuit Judge wrote a concurring opinion noting that “EAJA does not work well when it compels a court to cut off compensation of careful and effective advocacy.” (Sargsyan v. Holder, 5/9/13) AILA Doc. No. 13051500.
CA8 Denies Withholding of Removal to Evangelical Christians from Mexico
(.pdf 510 KB)
The court held that the petitioners did not show that the conditions in their town rose to the level of persecution, and that they could relocate to a different part of Mexico to avoid persecution as Evangelical Christians. (Alavez-Hernandez v. Holder, 5/8/13) AILA Doc. No. 13051559.
CA9 Finds Asylum Applicant’s Proposed Social Group Lacks Sufficient Particularity
(.pdf 516 KB)
The court held that the petitioner’s proposed social group - which he described as disabled persons, insulin-dependent diabetics, or insulin dependent diabetics who suffer from mental illness - lacked sufficient particularity. (Mendoza-Alvarez v. Holder, 5/3/13) AILA Doc. No. 13051558.
CA7 on False Claims to U.S. Citizenship
(.pdf 539 KB)
The court held that a baptismal certificate presented by the petitioner at the border is not sufficient evidence to constitute a representation of U.S. citizenship, noting that it did not list a country or state under “place of birth.” (Munoz-Avila v. Holder, 5/3/13) AILA Doc. No. 13051557.
CA2 on Eligibility for “Special Rule Cancellation of Removal”
(.pdf 624 KB)
The court held that, as an unadmitted alien, the petitioner cannot be ineligible for NACARA relief because of a conviction that would make him deportable under INA §237, and that the BIA’s interpretation is inconsistent with the regulation. (Reyes v. Holder, 5/3/13) AILA Doc. No. 13051556.
Practice Tip: Travel for F-1s During Cap-Gap Extension
Practice tip on the ability of F-1 students to travel and return to the United States during the cap-gap extension period. Special thanks to Tien-Li Loke Walsh and the AILA Students and Scholars Committee. AILA Doc. No. 13051555.
Your AILA8 for May 15, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051554.
Practice Alert: Closures at U.S. Consulate, Guangzhou, China
AILA liaison has learned from DOS that there was an OSHA-type problem at the U.S. Consulate building at Guangzhou, China, and the consulate will remain closed through Friday, May, 17, 2013. DOS plans to reopen the Consulate on Monday, May 20, 2013. AILA Doc. No. 13051553.
Two Siblings in California Sentenced for Running Fraudulent Document Ring
(.pdf 591 KB)
ICE press release announcing that two undocumented siblings from Mexico were sentenced to 10 months in federal prison for conspiring to produce and sell false alien registration cards and Social Security cards. AILA Doc. No. 13051552.
AILA Positions on Selected Senate Title III Amendments
(.pdf 824 KB)
AILA positions on select amendments being offered to Title III of S.744, relating to E-Verify, Asylum, and Interior Enforcement. AILA Doc. No. 13051551.
Form I-94 Quick Reference Guide for Local, State & Federal Agencies
(.pdf 1874 KB)
CBP reference guide which shows different versions of the Form I-94 Arrival/Departure Record that may be encountered in the field by local, state and/or federal agencies. AILA Doc. No. 13051550.
CBP Announces Opening of Port of Chief Mountain in Montana
(.pdf 614 KB)
CBP press release announcing the seasonal re-opening of the Port of Chief Mountain, Montana on Wednesday, May 15, at 9:00 am for the summer season. AILA Doc. No. 13051549.
AILA Quicktake: Title IV Markup Moves Forward
Markup of Title IV of the Senate Judiciary Committee immigration reform bill S. 744 moves forward with Title III next in line for debate. AILA Treasurer William Stock joins us on Skype to discuss the matter further. AILA Doc. No. 13051548.
USCIS Office in Guangzhou, China Closed From May 15 to May 17
(.pdf 578 KB)
USCIS public statement announcing that the USCIS Office in Guangzhou, China will be closed from May 15, 2013 through May 17, 2013. Customers with previously scheduled appointments through this date will be contacted by the office when a future appointment date has been set. AILA Doc. No. 13051547.
Daily Immigration News Clips – May 15, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 15, 2013. AILA Doc. No. 13051546.
DHS Joint Report on Phase I of Entry/Exit Project with Canada
(.pdf 671 KB)
DHS May 2013 joint report with Canada Border Services Agency on “Entry/Exit Information Systems: Phase I Joint Canada-United States Report” which outlines progress to establish a coordinated Entry/Exit information system and further enhance security along our shared border. AILA Doc. No. 13051545.
Litigation Timeline: Lawsuit Challenging DACA Filed by ICE Officers
Timeline of major court actions in response to litigation by ICE officers challenging the legality of the Deferred Action for Childhood Arrivals (DACA) program. AILA Doc. No. 13051544.
AILA Leadership Blog: The Importance of the Human Stories Behind Immigration
Dagmar Butte, a member of the AILA Board of Governors, emphasizes the importance of sharing case examples of the human impact of immigration policy and how those powerful stories can shape the legislative debate going on in Washington, DC.
Religious Workers + Family Law = Free on the 15th
Have the time to analyze AAO special immigrant religious workers cases? Do you know what common family law issues can come up in an immigration case? If you answered NO to either of those questions, then AILA's got you covered with our newest free educational offerings. CLE too!
EOIR Stakeholder Meeting on New eRegistry System for Immigration Practitioners
(.pdf 729 KB)
EOIR invitation for 6/7/13 stakeholder meeting regarding EOIR’s new electronic registration initiative, eRegistry, for attorneys and fully accredited representatives. RSVP info included. AILA Doc. No. 13051543.
EOIR Launches Online Registration for Immigration Practitioners
(.pdf 472 KB)
EOIR press release announcing that effective June 10, 2013, it will rollout electronic registration for attorneys and fully accredited representatives who represent aliens in proceedings before EOIR’s immigration courts and the Board of Immigration Appeals. AILA Doc. No. 13051542.
CBP Travel Advisory on 2013 Victoria Day Holiday Weekend in Canada
(.pdf 623 KB)
CBP press release on greatly increased traffic during the 2013 Victoria Day holiday weekend and reminds all travelers planning trips across the border into the United States to make sure they have their proper documents. AILA Doc. No. 13051541.
Practice Pointer: The Role of Consular Officers in Processing U Visa Applicants
(.pdf 495 KB)
The AILA VAWA, U & T committee practice pointer reminds members of FAM updates for U visa applicants and offers guidance for U visa clients wishing to travel. AILA Doc. No. 13051540.
USCIS Invitation to 5/16/13 NSC Teleconference on Business Issues (Updated 5/15/13)
USCIS invitation to a 5/16/13 teleconference with NSC on business issues. Call-in information is provided. AILA Doc. No. 13042445.
S.744 Markup - 5/14/13
Summary of Day Two of Senate Judiciary Committee Markup of S.744 (May 14, 2013). AILA Doc. No. 13051446.
Your AILA8 for May 14, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051453.
Practice Pointer: A Brief Discussion of CBP’s Presence Abroad
(.pdf 473 KB)
RDC practice pointer advises on the CBP Office of International Affairs, which ensures that CBP is represented at overseas posts to implement initiatives that promote anti-terrorism, global border security, non-proliferation, export controls, and immigration. AILA Doc. No. 13051452.
EOIR Notice on Mandatory Electronic Registry for Attorneys & Representatives
EOIR notice on mandatory electronic registry for attorneys & representatives who can begin registering there on 6/10/13. After 12/10/13, they must be registered in order to practice & may be subject to administrative suspension for failure to register. (78 FR 28124, 5/14/13) AILA Doc. No. 13051449.
USCIS Announces Redesigned Web Pages for Field Offices
(.pdf 702 KB)
USCIS press release announcing new redesigned web pages for field offices nationwide with public transportation options, names of Field & District Office Directors, mailing & physical addresses, types of naturalization ceremonies held, office-specific announcements & more. AILA Doc. No. 13051451.
DOS Notice on Fees & Charges for J-1 Exchange Visitor Program
DOS final rule on revising regulations to increase the Application Fee for Sponsor Designation or Redesignation and the Administrative Fee for Exchange Visitor (J–1 Visa Holder) Benefits assessed for providing Exchange Visitor Program services. (78 FR 28137, 5/14/13) AILA Doc. No. 13051450.
Applications for FY2013 USCIS Citizenship & Integration Grant Program Due May 22
(.pdf 585 KB)
USCIS press release announcing the deadline for the Citizenship & Integration Grant Program where those selected to receive funding will offer both citizenship instruction and naturalization application services to permanent residents. Applications are due by 5/22/13. AILA Doc. No. 13051448.
AILA Positions on Selected Senate Title II Amendments
(.pdf 688 KB)
AILA positions on select amendments being offered to Title II of S.744, relating to legalization and family-sponsored and employment-based immigration systems. AILA Doc. No. 13051447.
CBP Announces 2013 Revised Summer Hours for Montana Port of Entry
(.pdf 601 KB)
CBP press release announcing extended summer hours at the Port of Wild Horse, Montana from 8am-9pm daily beginning on Wednesday, May 15, 2013 until October 1, 2013. AILA Doc. No. 13051445.
Scam Alerts for Members
AILA warns members of scams affecting attorneys and/or their clients in this member-focused consumer protection space on InfoNet. This area is updated as alerts are issued and as scam warnings to members are posted. AILA Doc. No. 13051444.
Daily Immigration News Clips – May 14, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 14, 2013. AILA Doc. No. 13051443.
AILA Seeks Examples of Long-Pending H-2B Labor Certification Applications
The AILA DOL Liaison Committee seeks examples of applications for H-2B temporary labor certification that were filed with DOL before DOL suspended processing of H-2Bs on March 22, and remain unadjudicated notwithstanding the resumption of processing on April 24. AILA Doc. No.013051440.
Settlement Agreement on Asylum Work Authorization Class Action Lawsuit
(.pdf 1147 KB)
Class notice from U.S. District Court in Washington state on the ABT Settlement Agreement which ensures that individuals who seek an asylum application are entitled to new procedures relating to the crediting of time toward eligibility for employment authorization. AILA Doc. No. 13051442.
U.S. Consulate in Guangzhou, China Cancels Interviews for May 14 & 15
(.pdf 1081 KB)
DOS public statement stating that the U.S. Consulate Genera in Guangzhou, China will not be able to interview applicants on May 14-15, 2013 due to emergency reasons and people should check their website for latest schedule information and updates. AILA Doc. No. 13051441.
Select Amendments to Watch on Title IV
(.pdf 536 KB)
AILA positions on 26 amendments being offered to Title IV of S.744, being debated on 5/14/13 in the Senate Judiciary Committee. AILA opposes 16 offered by Sens. Grassley (R-IA) and Sessions (R-AL) and supports eight by Sens. Hatch (R-UT), Leahy (D-VT) and Schumer (D-NY). AILA Doc. No. 13051462.
AILA Quicktake: Immigration Reform Effort Turns to Business 5/14/13
The Senate Judiciary Committee continues markup of S. 744 by addressing Title Four that covers most non-immigrant, temporary visas, entrepreneurship and innovation programs, and other visitor visas. Joining us is Executive Director Crystal Williams to discuss the matter. AILA Doc. No. 13051460.
S.744 Markup - 5/9/13 (Updated 5/14/13)
Summary of Senate Judiciary Committee Markup of S.744 on May 9, 2013. AILA Doc. No. 13050961.
EOIR Notice of Relocation of Denver Immigration Court
(.pdf 608 KB)
EOIR notice that the Denver immigration court will be moving on August 1, 2013. The court will be closed from August 1 to August 6, and will reopen at its new location at 1961 Stout Street, Suite 300 (19th and Stout) in downtown Denver on Wednesday August 7, 2013. AILA Doc. No. 13051351.
USCIS Office in Guangzhou, China is Closed Until Further Notice
(.pdf 572 KB)
USCIS public statement announcing that the USCIS Office in Guangzhou, China is closed until further notice and USCIS will update the Guangzhou, China office web page when the office reopens and reschedule all appointments accordingly. AILA Doc. No. 13051350.
AILA Leadership Blog: On Tap for Tuesday’s Hearing: Nonimmigrant Visas
As the Senate Judiciary Committee prepares to take up Title IV of S. 744 tomorrow, AILA’s Executive Director Crystal Williams looks at some of the nonimmigrant visa provisions in the bill currently, both positive and negative.
Your AILA8 for May 13, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051349.
NYC Bar Letter to Senate Judiciary Committee on Reducing Detention
A 4/24/13 letter from the New York City Bar to the Senate Judiciary Committee urging Congress to take additional steps to reduce detention and ensure due process including repealing mandatory detention and the “bed quota.” AILA Doc. No. 13051348.
AIM: The Human Impact of Immigration Policy
For May's AILA Interview of the Month (AIM), a young woman joins us to tell her personal story that highlights the human impact of immigration policy and the importance of sharing individual narratives to help create change. AILA Doc. No. 13051347.
Daily Immigration News Clips – May 13, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 13, 2013. AILA Doc. No. 13051346.
U.S. Embassy in Libya Temporarily Suspending Immigrant Visa Services
(.pdf 526 KB)
DOS press release stating that the Immigrant Visa Unit in Tripoli, Libya will be temporarily suspending immigrant visa services and all immigrant visa services for Libyans residing in Libya are currently being processed by the U.S. Consulate in Casablanca, Morocco. AILA Doc. No. 13051345.
U.S. State Department Issues Travel Warning for Libya
(.pdf 547 KB)
DOS press release warning U.S. citizens of the risks of traveling to Libya and strongly advises against all but essential travel to Tripoli and all travel to Benghazi, Bani Walid, and southern Libya, including border areas and the regions of Sabha and Kufra. AILA Doc. No. 13051344.
Texas Court Takes Action to Halt Immigration Fraud Scheme
(.pdf 1376 KB)
Final judgment and permanent injunction against Just for People, Inc. for perpetrating an immigration fraud scheme in violation of the Deceptive Trade Practices Act. Penalties include $480,000; $245,773 in attorney fees and costs; and $195,325 in restitution. AILA Doc. No. 13051343.
NYC Bar Letter to Senate Judiciary Committee on Appointed Counsel
A 4/24/13 letter from the New York City Bar to the Senate Judiciary Committee urging the Senate to adopt provisions to provide free counsel to all indigent individuals in removal proceedings and in other narrow circumstances. AILA Doc. No. 13051342.
AILA Resources on 2013 Immigration Reform (Updated 5/13/13)
The most important and up to date information and resources on immigration reform in the 113th Congress. AILA Doc. No. 13020647.
Maryland Woman Receives 11-Year Prison Sentence for Sex Trafficking
(.pdf 595 KB)
ICE press release announcing that an El Salvador national received an 11 year prison sentence for recruiting a pregnant runaway to engage in commercial sex acts for a trafficking ring with ties to the notorious street gang Mara Salvatrucha Thirteen (MS-13). AILA Doc. No. 13051341.
2013 Global Immigration Forum – Register Now!
Speakers from nearly two dozen countries weigh in on current trends in global migration, giving you the insights you need to run your practice - globally. June 25-26, 2013 in San Francisco, CA. Register now.
Ohio AILA Chapter – USCIS Liaison Meeting Minutes (4/24/2013)
(.pdf 581 KB)
Meeting minutes from the 4/24/13 AILA Ohio Chapter meeting with the USCIS field office. Topics include ASCs, I-601-As, N-400 interview, Customer Identity Verification (CIV), I-130s in proceedings, motion to terminate, and DACA. AILA Doc. No. 13051340.
Carolinas Chapter – USCIS Charlotte Liaison Minutes (5/3/2013)
(.pdf 796 KB)
Meeting minutes from the 5/3/13 AILA Carolinas Chapter meeting with the USCIS Charlotte field office. Topics include processing times, emergency I-131s, I-485s, case inquiries, DACA, and Customer Identity Verification (CIV). AILA Doc. No. 13051360.
USCIS Online Customer Service Tools Unavailable on Sunday May 12
(.pdf 581 KB)
USCIS public statement announcing that several online customer service tools will not be available on Sunday, May 12, 2013 from 10am-2pm eastern time due to routine maintenance to conduct system updates. AILA Doc. No. 13051049.
Visa Bulletin for June 2013
(.pdf 599 KB)
DOS Visa Bulletin for June 2013. Employment-based second preference cut-off date for India is 09/01/04. AILA Doc. No. 13051048.
Your AILA8 for May 10, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13051047.
Daily Immigration News Clips – May 10, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 10, 2013. AILA Doc. No. 13051046.
AILA Quicktake: Current Status of Senate Immigration Bill 5/10/13
Greg Chen, AILA Director of Advocacy, discusses the Senate Judiciary Committee’s inaugural markup of the “Gang of Eight” immigration reform bill and looks ahead to the next markup session, likely to focus on Title 2, the section concerned with legalization in the bill. AILA Doc. No. 13051045.
USCIS to Expand Entrepreneurs in Residence Initiative
(.pdf 615 KB)
USCIS press release highlighting the key successes of the Entrepreneurs in Residence (EIR) initiative and further announcing plans to use the EIR model to bolster agency expertise in the areas of performing arts, health care, and information technology. AILA Doc. No. 13051044.
Readout of DHS Secretary Napolitano's Visit to New York
(.pdf 615 KB)
DHS press release on Secretary Janet Napolitano’s 5/9/13 visit to New York where she discussed the need for critical changes to the legal immigration in order to help business grow our economy by providing the skilled workers this country needs. AILA Doc. No. 13051043.
TRAC Report on Texas District Leading in Immigration Prosecutions
Transactional Records Access Clearinghouse (TRAC) May 2013 report showing that during the first six months of FY2013, the Southern District of Texas (Houston) currently leads the nation with 17,022 immigration prosecutions. AILA Doc. No. 13051042.
CBP Urges Travelers to Prepare for Upcoming Holiday Traffic
(.pdf 608 KB)
CBP press release remind the traveling public to have proper travel documents, and plan for a possible increase in traffic over the Victoria Day (May 17-20) and Memorial Day (May 24-27) weekends. AILA Doc. No. 13051041.
DOL News Brief Newsletter for May 9, 2013
(.pdf 672 KB)
DOL News Brief newsletter from 5/9/13 highlighting news stories and developments from the Department of Labor on issues including settlements on cases involving workers and more. AILA Doc. No. 13051040.
An Ethical Look at Attorney Advertising Across State Borders (Updated 5/22/13)
Whether to advertise legal services across state borders is proper is not black or white. There are many gray areas when it comes to attorney advertising. This week’s practice success tip reviews the rules in place to help guide lawyers to ethically market their practices. AILA Doc. No. 13050946.
AILA DOS Liaison Q&As (4/10/13)
(.pdf 737 KB)
DOS responses to AILA/DOS liaison Q&As, which address questions relating to online resources, Visas (B, E, Blanket L, U&T), consular returns, FAM updates, interview waiver program, DS-160, admin processing, reciprocity, LNU/FNU, waivers, IVs, ART, WRD, and an org chart. AILA Doc. No. 13050948.
DHS Assistant Inspector General Testimony on Border Security in Immigration Bill
(.pdf 603 KB)
Written testimony by DHS Assistant Inspector General Anne Richards for a 5/7/13 Senate committee hearing entitled “Border Security: Examining Provisions in the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744)”. AILA Doc. No. 13050947.
Welcome New Members
AILA would like to welcome its newest members. AILA Doc. No. 11123049.
Your AILA8 for May 9, 2013
AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less. AILA Doc. No. 13050945.
AILA Quicktake: Border Security Kicks Off Markup 5/9/2013
The Senate opened formal debate on May 9 on a comprehensive immigration reform proposal, launching the grueling process of amending a bill that could be the most sweeping overhaul of the nation’s border control laws in nearly 30 years. President Laura Lichter joins us. AILA Doc. No. 13050944.
USCIS Blog on Entrepreneurs in Residence Program
USCIS blog post on Entrepreneurs in Residence (EIR) program which is intended to streamline the current immigration system for foreign entrepreneurs – specifically, those who lead high-growth companies – to innovate new technologies, boost the economy and create jobs. AILA Doc. No. 13050943.
Five People Indicted for Immigration Fraud Scheme for Bribing DHS Personnel
(.pdf 604 KB)
ICE press release on grand jury indictment against a DHS special agent, a former immigration officer and three other individuals who allegedly participated in a long-running immigration fraud scheme that was fueled by official corruption and bribery. AILA Doc. No. 13050941.
Daily Immigration News Clips – May 9, 2013
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on May 9, 2013. AILA Doc. No. 13050940.
USCIS Report on Entrepreneurs in Residence (EIR) Initiative Summary
(.pdf 689 KB)
USCIS May 2013 summary of the Entrepreneurs in Residence (EIR) initiative highlighting its successes, challenges and measuring its impact for immigrant entrepreneurs who seek to start or grow businesses in the United States. AILA Doc. No. 13050942.
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