Biden Administration Gives Much Needed Legal Protection to Undocumented Crime Victims with a Sped-Up U-Visa Application Process

Jul14

By Taher Kameli and Chathan Vemuri   In a move that is sure to be welcomed by many in both the immigrant community and law enforcement, the Biden administration has decided as of June 14, 2021 to speed up the process of granting U-Visas some undocumented immigrants who are victims of crime.[1] Under the new policy, the Biden administration will expand access to work permits and deportation relief to certain immigrant victims of crime with pending visa applications.[2]   Typically, the Government is only permitted to issue 10,000 U-Visas a year, with the rest of the U-Visa applicants being left on a

July 14, 2021
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USCIS H-1B Lottery Process Will Remain Unchanged for the Following Year

USCIS H-1B Lottery Process Will Remain Unchanged this Year
Feb16

Written by Taher Kameli & Chathan Vemuri In what is sure to be welcome news for H-1B visa applicants, the US Citizenship and Immigration Services ( USCIS ) announced that the H-1B electronic registration and lottery process for this year would be identical to that of last year, as opposed to the Trump administration’s proposal to make the lottery of H-1B visas dependent on wage levels for H-1B positions.[1] Under the Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions rule (Modification Rule), H-1B application cases would have been prioritized according to the wage level

February 16, 2021
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Ninth Circuit Recognizes Right of EB-5 Derivative Beneficiaries to Seek Review of I-829 Petition Denials

EB-5 D Beneficiaries Seek Review of I-829 Petition Denials
Oct18

Written by: Taher Kameli, Esq. The Federal judiciary has generally been the governmental branch that has done the most to protect immigrant rights since the election of President Trump.  As another example of a Federal court ruling in favor of immigrant rights, on September 4, the Ninth Circuit Court of Appeals recognized the right of EB-5 derivative beneficiaries to seek review of I-829 petition denials. The case, Mu v. Barr, 2019 U.S. App. LEXIS 26668 (9th Cir. 2019), involved the derivative beneficiary (the daughter) of

October 18, 2019
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Trump Administration Announces Final “Public Charge” Rule Which Can Materially Reduce Legal Immigration

Legal Immigration Reduced Materially by “Public Charge” Rule
Sep26

Written by: Taher Kameli, Esq. Much has been written about the impact of the anti-immigration policies of the Trump administration regarding undocumented immigrants.  However, it appears that the Trump administration is now seeking also to attack legal immigration. On August 12, the Trump administration announced a final “public charge” rule which can materially reduce legal immigration. Finalizing proposed regulations that were issued on October 10, 2018 (and received more than 260,000 public comments), this final “public charge” rule (published in the Federal Register on August 14) amends U.S. Department of Homeland Security (DHS) regulations

September 26, 2019
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USCIS Announces Publication of New Rule That Significantly Revises Eb-5 Program

Eb-5 Program Revised Significantly from USCIS New Rule
Jul26

Written by: Taher Kameli, Esq. Under the EB-5 program, immigrants who invest $500,000 in a project located in a “targeted employment area” (generally rural areas and areas with high levels of unemployment) (“TEA”) that creates 10 full-time jobs generally can qualify to receive a green card, and permanent lawful resident status, in the United States.  As the EB-5 program has been popular, the announcement in January, 2017 that new regulations would be issued concerning the EB-5 program drew significant attention.  After well over 2 years, the wait for these new regulations is finally over.  On July 23, U.S. Citizenship

July 26, 2019
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Albence Selected to Be New Head Of ICE

Matthew Albence Selected to Be New Head Of ICE
May24

Written by: Taher Kameli, Esq. Could the selection of a new person to head U.S. Immigration and Customs Enforcement (ICE) signal a change in the Trump administration’s approach on immigration?  Specifically, could the selection of a new person to head ICE represent a departure from the harsh, anti-immigration policies of the Trump administration? Unfortunately, the selection of Matthew Albence to be the new head of ICE likely will only lead to even more adverse policies harming the rights of immigrants. In an April 11 email to ICE staff, Acting ICE Director Ronald Vitiello wrote,

May 24, 2019
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Denver Mayor Protests Legal Immigrants Being Denied Citizenship for Marijuana Jobs

Legal Immigrants Denied Citizenship for Marijuana Jobs
May22

Written by: Taher Kameli, Esq. Oswaldo Barrientos emigrated to the United States from El Salvador when he was a baby 29 years ago.  He received his green card at age 13 and currently remains a legal immigrant in the United States. Barrientos has no criminal record and a stable job.  Does he seem like the type of person who should be rejected when he applied for US citizenship? You probably would think no, but unfortunately such is not the case.  Barrientos in fact was recently denied US citizenship, and told that he “lacked moral character”, because

May 22, 2019
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Immigrants who engage in “marijuana related activities” may be denied U.S. Citizenship

Citizenship denied to Immigrants involved in marijuana
May13

Written by: Taher Kameli, Esq. Do you regard people who use marijuana, solely based on their marijuana use, as lacking “good moral character”?  Probably not, but unfortunately, U.S. Citizenship and Immigration Services (USCIS) has adopted a different position.  Under a “Policy Alert” issued on April 19 by USCIS, a person who engages in certain “marijuana-related activities” may be considered to not have “good moral character” and thereby may be denied U.S. citizenship. To become a naturalized citizen of the United States, an immigrant must demonstrate that he or she had “good moral character” for

May 13, 2019
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