EAH Immigration Blog

Law Week Colorado, 2017 Barrister’s Best – “Best Immigration Lawyer”

C O N T A C T : Barbara Ingram, Firm Administrator Elkind Alterman Harston, PC Telephone: 303.736.6650 Fax: 303.736.6655 www.EAHimmigration.com FOR IMMEDIATE RELEASE Law Week Colorado, 2017 Barrister’s Best – “Best Immigration Lawyer” Denver, Colorado, October 16, 2017 –  Managing Partner David A. Harston has been selected as the...
Continue reading
  944 Hits
944 Hits

New Scrutiny of I-9 Misrepresentations

All new employees are required to complete a Form I-9 when they are hired. While many new employees do so with little thought, the consequences for foreign nationals of improperly completing the form can be disastrous, leading to serious immigration consequences. Some USCIS districts have been scouring I-9 forms to...
Continue reading
  1143 Hits
1143 Hits

Where You Live Greatly Affects Ability to Find an Attorney for Immigration Court Representation

The Transactional Records Access Clearinghouse (TRAC) released new data showing that the odds of obtaining representation in immigration deportation proceedings varies widely, depending upon the community in which an immigrant lives. According to the report, if you happen to live in Honolulu, then the odds are good that if an...
Continue reading
  682 Hits
682 Hits

USCIS Delays Effective Date of International Entrepreneur Rule

On July 11, 2017, USCIS released a final rule delaying the effective date of the International Entrepreneur Rule from July 17, 2017, to March 14, 2018. The final rule would have allowed international entrepreneurs to use the parole program to stay temporarily in the United States to grow their start-up...
Continue reading
  678 Hits
678 Hits

Supreme Court to Hear Travel Ban Case in October

Despite strong opinions from the Fourth and Ninth Courts of Appeal, the U.S. Supreme Court lifted the injunction on President Trump’s travel ban and allowed a version of it to go into effect. The Supreme Court will hear the arguments for the case in October, shortly after the ban is...
Continue reading
  681 Hits
681 Hits

Immigration Reform Efforts

Several reform proposals have been introduced in recent weeks, but the RAISE Act, introduced in the Senate with strong support from Trump, has garnered much public attention. Reforming American Immigration for a Strong Economy (RAISE) Act ( S.354 ) seeks to cut legal immigration numbers in half. The bill would:...
Continue reading
  1038 Hits
1038 Hits

To our DACA clients...

To our DACA clients, families and friends: We stand with you!  We are all heartbroken about this Administration’s shortsighted decision to terminate the DACA program.  The Department of Homeland Security has issued a memorandum with details about how the program will end. You can find the details here:   https://www.dhs.gov/news/2017/09/05/memorandum-rescission-daca Additionally,...
Continue reading
  1076 Hits
1076 Hits

News in Brief

The following additional items may be of interest to our readers: Indian Nationals Eligible to Join Global Entry and Can Avoid Long Immigration Inspection Lines: Citizens of India now join a select group of countries — including the United Kingdom, Switzerland, Germany, Colombia, Mexico, Panama, and South Korea — whose...
Continue reading
  1057 Hits
1057 Hits

USCIS Reinstates Premium Processing for Certain H-1B Categories

USCIS has begun to accept premium processing I-907 requests for three cap-exempt H-1B classifications. A petitioner can file an I-907 if it is (1) an institution of higher education, (2) a nonprofit related to or affiliated with an institution of higher education, or (3) a nonprofit research or governmental research...
Continue reading
  696 Hits
696 Hits

DHS and DOL Increases the Cap for H-2B Visas by 15,000

On July 17, DHS and the DOL issued a temporary rule increasing the numerical limitation on H-2B nonimmigrant visas to authorize the issuance of up to an additional 15,000 through the end of fiscal year (FY) 2017. To file for one of these additional H-2B visas, a petitioner must meet...
Continue reading
  733 Hits
733 Hits

The Fate of Our Dreamers: Will DACA Remain?

Deferred Action for Childhood Arrivals, or DACA, was set in place by President Obama five years ago in response to the realities of enforcing immigration laws. It was another way to allow ICE to prioritize enforcement: the agency has limited funds and it is best dedicated to the removal of...
Continue reading
  921 Hits
921 Hits

Experiencing Immigration in the Trump Era

The election dust has settled and the candidate who based his campaign on tough immigration enforcement is in the White House. While change takes time, just seven months into President Trump’s term, the nation is starting to fully understand the reality of working with the Trump administration. Indeed, for the...
Continue reading
  1237 Hits
1237 Hits

N.J. Chief Justice Urges ICE to Add Courthouses to List of “Sensitive Locations”

In a recent letter, New Jersey Chief Justice Stuart Rabner requested that DHS Secretary Kelly urge ICE not to arrest individuals who show up for court appearances in state court. The chief justice said that courthouses should be added to the list of “sensitive locations” outlined in a 2011 ICE...
Continue reading
  931 Hits
931 Hits

Money and USCIS: Refund Requests and Bounced Checks

Refund Requests Generally, USCIS does not issue refunds for filing fees, regardless of the decision on the application. There are very limited exceptions: for example, when USCIS collects the incorrect fee. If an applicant or petitioner believes he or she is entitled to a refund of a fee, the first...
Continue reading
  8367 Hits
8367 Hits

ICE Recalendaring Cases that Were Previously Administratively Closed, Even Non–Criminal Related

Under the Obama Administration, certain undocumented immigrants were permitted to have their immigration cases administratively closed in the exercise of prosecutorial discretion (PD), which in essence was a form of relief from deportation. Often this was granted when an undocumented parent of U.S. citizen children was placed in removal proceedings....
Continue reading
  830 Hits
830 Hits

Enforcement-Only Bills Moving Through the House of Representatives

Two bills are winding their way through the House’s Judiciary Committee that focus on immigration enforcement tactics and ignore any major policy changes: U.S. Immigration and Customs Enforcement Authorization Act (H.R. 2406) and the U.S. Citizenship and Immigration Services Act (H.R. 2407). Included in the former bill is a provision...
Continue reading
  882 Hits
882 Hits

Supreme Court Holds Gender-Based Distinction for Acquisition of Citizenship Is Unconstitutional

The Supreme Court found unconstitutional the gender-based distinction in the immigration act, requiring a shorter period of parental physical presence in the U.S. for acquisition of citizenship through an unwed citizen mother versus an unwed citizen father. Rather than extending the shorter period of required physical presence to children of...
Continue reading
  1004 Hits
1004 Hits

Immigration Courts and Backlog

Immigration courts have an enormous backlog that has not only persisted, but grown exponentially over the years. In 2006, the average case processing time was about 198 days. A decade later the same case will take 650 days to process. Government officials attribute the backlog to a number of factors:...
Continue reading
  895 Hits
895 Hits

ICE Recalendaring Cases that Were Previously Administratively Closed, Even Non–Criminal Related

Under the Obama Administration, certain undocumented immigrants were permitted to have their immigration cases administratively closed in the exercise of prosecutorial discretion (PD), which in essence was a form of relief from deportation. Often this was granted when an undocumented parent of U.S. citizen children was placed in removal proceedings....
Continue reading
  1238 Hits
1238 Hits

New Consular Questionnaire Means More Rigorous Vetting of Certain Visa Applicants

Armed with a supplemental questionnaire, DS-5535, consular officers around the world have started more intensive vetting of some visa applicants — including requests for their social media handles (user name) — in an effort to block potential terrorists and other national security threats from entering the country. DS-5535 was rolled...
Continue reading
  948 Hits
948 Hits