Written by: Taher Kameli, Esq. Would you like to be a resident of the United States? The United States, often referred to as the “land of opportunity”, is considered an attractive destination for many immigrants, with its strong economy, high level of education, health care, and standard of living, political freedoms, and diverse culture. If you are interested in residing in the United States, you should note that important dates will be forthcoming before the end of year 2019 for the United States’ residency by investment program (known as the “EB-5 program”). On July
Written by: Taher Kameli, Esq. The U.S. federal governmental system is based on 3 branches of government – the executive (the President), the legislative (the Congress), and the judicial (the federal courts). On immigration issues, during the Trump administration, with Congress taking little action, it generally has been the executive branch (President Trump) vs. the judicial branch (federal judges). This “executive vs. judicial” battle has arisen on the issue of asylum, with the latest development being that a District Court judge has reinstated a nationwide injunction blocking the Trump administration’s new asylum restrictions. On July
Written by: Taher Kameli, Esq. Asylum has been a basic feature of the U.S. immigration system for immigrants seeking humanitarian refuge in the United States. Asylum has been under attack by the Trump administration, including President Trump’s comment in a speech that “[t]he asylum program is a scam”. As further evidence of this attack on asylum, the top U.S. asylum official has been reassigned as part of the Trump administration’s anti-asylum policies. According to an email sent to U.S. Citizenship and Immigration Services (USCIS) staff on September 4, John Lafferty, who had been
Written by: Taher Kameli, Esq. Much has been said about the hostile policies of the Trump administration toward undocumented immigrants. While the issue probably receives less attention, the Trump administration also has not proceeded favorably with legal immigration alternatives. Specifically, based on U.S. Citizenship and Investment Services (USCIS) updated data issued on August 7, H-1B and L-1 petition denials and requests for evidence (RFEs) have increased during the Trump administration. During the first 3 quarters of the current October 1, 2018 to September 30, 2019 fiscal year (through June 30, 2019), USCIS
Written by: Taher Kameli, Esq. Government positions on immigration issues are often expressed in ideological or political terms. However, more practically, it is the authorization of funds that actually implements these government positions. For example, “Build the Wall” is just a political argument; unless funds are actually authorized to build a wall at the southwest border, the government will not actually construct any wall. The importance of funding authorization by the government is exemplified by the action of the Department of Homeland Security (DHS) to move $271 million, including $155 million from the Disaster
Written by: Taher Kameli, Esq. The anti-immigration policies of the Trump administration have especially harsh consequences when applied to migrant families. This point is especially true when these policies are applied to migrant children. As another example of the adverse policies of the Trump administration toward migrant children, on August 21, the Trump administration announced a final rule to change the Flores settlement and allow the longer detention of migrant children. The Flores settlement arose from the 1997 case of Flores v. Reno.
Written by: Taher Kameli, Esq. While it is often asserted that immigration programs can involve “life or death” consequences, this argument is especially applicable to the “medical deferred action” program. The “medical deferred action” program allows immigrants to remain in the United States for two-year periods if they can prove extreme medical need. Many of the immigrants covered by the “medical deferred action” program came to the United States through a visa or other permitted status for a period of time and are requesting to stay beyond this period of time to receive necessary medical treatment.
Written by: Taher Kameli, Esq. Throughout the country, many young adults are excitedly commencing their college years as freshmen. For those attending top-ranked schools, such as Harvard University, this excitement is probably even greater. However, in at least one case, U.S. Customs and Border Protection (CBP) has turned this excitement into disappointment, as on August 23, incoming Harvard freshman Ismail B. Ajjawi was turned away from entering the United States by CBP. Ajjawi is a 17-year old Palestinian resident of Tyre, Lebanon. He arrived at Boston’s Logan International Airport as an accepted member of
Written by: Taher Kameli, Esq. While the Federal judiciary often has been viewed as the best hope to protect immigrant rights against the anti-immigration policies of the Trump administration, concern has been expressed about whether the Supreme Court can in fact serve in this role. The argument is that the recent appointments of Justice Neil Gorsuch and Justice Brett Kavanaugh to the Supreme Court by President Trump will give the Supreme Court a conservative bent that will cause it to support the anti-immigration policies of the Trump administration. As one decision that appears to support this
Written by: Taher Kameli, Esq. The Federal judiciary has frequently been relied on to block the anti-immigration policies of the Trump administration. However, as with any litigation, there is no guarantee as to how any Federal judge will rule on any specific immigration law issue. This point was made abundantly clear on July 24 when 2 Federal courts issued different rulings on the Trump administration’s effort to significantly restrict asylum protection for migrants. These 2 cases involved lawsuits against the new rule of the Trump administration (published in the Federal Register to be effective July










