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Yearly Archives from 2013

(E)I-94 Cards to Replace Paper Records

As referenced in our September 2012 immigration update, CBP will be making the paper I-94 card obsolete in the next few months, and automate the process.   Foreign Nationals will no longer receive a paper I-94 card upon entry.  They will receive a passport stamp and an electronic record will be created for the individual.   The paper I-94 will be available for printing by accessing www.cbp.gov/I94, a website that is expected to be up 30 days […]

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Unlawful Presence Waiver Now in Effect

Beginning March 4, certain immigrant visa applicants who are spouses, children and parents of U.S. citizens (immediate relatives) and can show extreme hardship to the U.S. citizen relative can apply for provisional unlawful presence waivers before they leave the U.S. to apply for an immigrant visa abroad.  Other inadmissibility factors still apply.  The new process is expected to shorten the time U.S. citizens are separated from their relatives while they are abroad to obtain immigrant […]

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U.S. Supreme Court decides 7-2 that Padilla is not retroactive

In Chaidez v. United States, decided 2/20/13, the Court held that its prior decision in Padilla v. Kentucky (2010), holding that the Sixth Amendment requires an attorney for a noncitizen criminal defendant to inform that defendant of the deportation consequences that might result from their guilty plea, is not retroactive.  Judge Sotomayor and Ginsburg dissented.  The Chaidez decision means that noncitizens convicted prior to March 31, 2010 who were not properly advised of the consequences of […]

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I-Squared Act of 2003 Improving Immigration Options for Professionals

The Immigration Innovation Act of 2013 (a/k/a I2 Act) was introduced by Sen. Rubio, Coons, Hatch and Klobuchar. The bill has four sections which propose: 1) a welcomed demand based increase in the number of new H-1B to a quota from 65,000 to 115,000; 2) an easier immigration path for STEM students; 3) a recapture and “roll-over” of issued but unused immigrant visas; and 4) allocation of visa processing fees to the promotion of STEM […]

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ICE Does Not Renew Partnership with Local Law Enforcement

Director Morton announced the removal by ICE of 409,849 individuals from the U.S. for FY 2012.  He emphasized ICE’s goal to target the removal of the most serious criminal offenders.  In the past, under the 287(g) program, ICE teamed up with state and local law enforcement to retain and remove undocumented individuals that might have violated traffic laws or engaged in misdemeanors.  However, the agency will no longer be allocating resources to those efforts.  Critics […]

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Change in the Family Unity Waiver Process Good for Families of Undocumented

The proposed change which was just published in the Federal Register minimizes the amount of time that U.S. citizens are separated from their immediate relatives (parents, spouses, children) who are undocumented and in the process of applying for permanent resident status.  The updated process allows undocumented individuals, who meet certain criteria including showing that their immediate relative would suffer “extreme hardship” in their absence, to apply for a provisional unlawful presence waiver while in the […]

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