Diversity Visa “Green Card” Lottery to Open Soon
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Due Process for Us Permanent
DUE PROCESS FOR U.S. PERMANENT RESIDENTS: THE RIGHT TO COUNSEL Sandra E. Bahamonde* I. INTRODUCTION ....................................... ........ 86 A. Immigration Court Proceedings ................. 88 II. LEGAL PERMANENT RESIDENTS. ......................... ....... 89 A. StatisticalInformation on LPRs ................. ..... 91 B. LPRs and IIRAIRA ................................. 91 III. CONSTITUTIONAL PROTECTIONS............................92 A. Life, Liberty and Propertyfor LPRs ........... ........ 93 B. The Gideon Promise........................ 95 C. Padillav. Kentucky ...................... ......... 96 IV. CIVIL OR CRIMINAL PROCEEDINGS ............................. 97 A. Article I Courts................................... 98 B. ProtectionsAfforded in Criminal Versus Civil Cases.............98 C. Matter of Castro ................................ 100 V. CIRCUIT SPLIT .............................................. 101 VI. CONCLUSION .................................................... 104 In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago. How does the United States, a country founded and built by immigrants, protect immigrants from such peril? The Fifth Amendment to the U.S. Constitution provides that, "no person ... shall be deprived of life, liberty or property, without due process of law."2 The inclusion of "no persons," extends due process protection to aliens and -
Instructions for the 2021 Diversity Immigrant Visa Program (Dv-2021)
UNCLASSIFIED INSTRUCTIONS FOR THE 2021 DIVERSITY IMMIGRANT VISA PROGRAM (DV-2021) Program Overview The Department of State annually administers the statutorily-mandated Diversity Immigrant Visa Program. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity immigrants” from countries with historically low rates of immigration to the United States. For Fiscal Year 2021, 55,000 Diversity Visas (DVs) will be available. There is no cost to register for the DV program. Applicants who are selected in the program (selectees) must meet simple but strict eligibility requirements to qualify for a diversity visa. The Department of State determines selectees through a randomized computer drawing. The Department of State distributes diversity visas among six geographic regions, and no single country may receive more than seven percent of the available DVs in any one year. For DV-2021, natives of the following countries are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. Eligibility Requirement #1: Individuals born in countries whose natives qualify may be eligible to enter. If you were not born in an eligible country, there are two other ways you might be able to qualify. Was your spouse born in a country whose natives are eligible? If yes, you can claim your spouse’s country of birth – provided that both you and your spouse are named on the selected entry, are found eligible and issued diversity visas, and enter the United States simultaneously. -
Immigration Compliance Alert
VEDDERPRICE ® November 2009 Immigration Compliance Alert ICE Increases I-9 Audit Actions foreign nationals in H-1B (Specialty Occupation) and L-1 (Intracompany Transferee) immigration status. The USCIS Fraud In July 2009, U.S. Immigration and Customs Enforcement Detection and National Security unit (FDNS) has initiated these (ICE) notiS ed 652 businesses that they had been targeted visits as part of the Department of Homeland Security’s (DHS) for in-person inspections of their I-9 Employment Eligibility efforts to expand worksite enforcement. USCIS has hired a Veri cation Forms. This recent enforcement initiative is part of large number of private contractors to conduct thousands of the government’s efforts to hold employers accountable for their site visits and verify information from the I-129 petitions led hiring practices and ensure a legal workforce across the country. with the agency. John Morton, Assistant Secretary for ICE, has stated, “ICE is As part of these site visits, the FDNS assessors may visit committed to establishing a meaningful inspection program to the workplace unannounced or with very short notice. Typically, promote compliance with the law.” He added that the nationwide they will ask questions of nonimmigrant workers, administrative effort was a rst step in ICE’s long-term strategy to address personnel and supervisors. Most questions will directly relate and deter illegal employment by focusing on employers rather to the information submitted with the I-129 petitions in order to than on undocumented workers. In all of scal year 2008, ICE con rm accuracy. FDNS assessors may ask to review issued only 503 similar notices to employers. -
How Do I Renew Or Replace My Permanent Resident Card?
I am a permanent resident B2 How do I renew or replace my permanent resident card? A Permanent Resident Card (USCIS Form I-551) What application do I file to replace or renew my is proof of your permanent resident status in the United States. It Permanent Resident Card? also serves as a valid identification document and proof that you To apply to renew or replace your card, use Form I-90, Application are eligible to live and work in the United States. Although some to Replace Permanent Resident Card. Filing instructions and forms Permanent Resident Cards, commonly known as Green Cards, are available on our Web site at www.uscis.gov. contain no expiration date, most are valid for 10 years. If you have been granted conditional permanent resident status, the card is valid for 2 years. How do I file the I-90 to renew or relace my Permanent It is important to keep your card up-to-date. Without a valid card, it Resident Card? may be difficult for you to prove that you are a permanent resident, Please refer to our Web site under Immigration Forms, I-90, for and this could also affect your ability to travel or to prove your specific filing instructions, and then complete the form. You can also eligibility to work in the United States. e-file your I-90 on our Web site at www.uscis.gov. When do I need to renew my Permanent Resident Card? How do I remove conditions on my 2-year conditional You should renew your Permanent Resident Card if you were issued Permanent Resident Card? a card valid for 10 years that has either expired or will expire within Do not use Form I-90 if you are a conditional resident and your the next 6 months. -
The Dream Act: Good for Our Economy, Good for Our Security, Good for Our Nation
THE DREAM ACT: GOOD FOR OUR ECONOMY, GOOD FOR OUR SECURITY, GOOD FOR OUR NATION The DREAM Act is common-sense legislation drafted by both Republicans and Democrats that would give students who grew up in the United States a chance to contribute to our country’s well-being by serving in the U.S. armed forces or pursuing a higher education. It’s good for our economy, our security, and our nation. That’s why the DREAM Act has long enjoyed bipartisan support. It’s limited, targeted legislation that will allow only the best and brightest young people to earn their legal status after a rigorous and lengthy process, and applies to those brought to the United States as minors through no fault of their own by their parents, and who know no other home. Our country will reap enormous benefits when the DREAM Act is finally enacted: The DREAM Act will contribute to our military’s recruitment efforts and readiness. Secretary of Defense Gates has written to DREAM Act sponsors citing the rich precedent of non-citizens serving in the U.S. military and stating that “the DREAM Act represents an opportunity to expand [the recruiting] pool, to the advantage of military recruiting and readiness.” The DREAM Act is also a part of the Department of Defense's 2010-2012 Strategic Plan to assist the military in its recruiting efforts. The DREAM Act will make our country more competitive in the global economy. Secretary of Education Arne Duncan has stated that passing the DREAM Act will allow “these young people to live up to their fullest potential and contribute to the economic growth of our country.” In particular, the DREAM Act will play an important part in the nation’s efforts to have the highest proportion of college graduates in the world by 2020,” something vital for America to remain competitive in today’s global economy. -
The Biden Administration IMMIGRATION PRIORITIES
The Biden Administration IMMIGRATION PRIORITIES TRUMP ADMINISTRATION BIDEN ADMINISTRATION Twilight Executive Action First 100 Days 300 Days 500 Days Green Card Interviews. Re-prioritize green card interviews Public Charge. Revise document requirements for establishing New Rules. Issue new final DOL wage rule; issue new final New Rules. Suspend implementation of new final rules to focus on fraud data, removing interview requirements for financial capacity. DHS Strengthening H-1B rule (not published); and issue final pending review by Biden administration and withdraw employment-based applications and focusing on marriage- rule on H-1B lottery selection based on wage levels. DHS Strengthening H-1B rule. On January 20, the Biden based applications. Administration placed a temporary, 60-day regulatory On February 4, the Biden Administration announced that the freeze on certain rulemaking, including these new rules. effective date of the H-1B Wage Selection Final Rule will be delayed until December 31, 2021. Travel and Visa Bans. Rescind Proclamation 10052 STEM PhD H Cap Exemption. Exempt recent graduates of Annual EB Quotas. Work with Congress to increase the number Travel and Visa Bans. Extend COVID-related travel suspension of entry for certain H-1B, L-1, J-1, and H-2B PhD programs in STEM fields in the United States from annual of annual employment-based, immigrant visas beyond 140,000 restrictions and nonimmigrant (H-1B, L-1, J-1 and H-2B) visa non-immigrants and Proclamation 10014 suspension of H-1B caps. and create a process for varying the number based on and green card bans. new immigrant visas. contemporary economic circumstances. -
E-Verify Overview for Existing Users
E-Verify Overview for Existing Users www.dhs.gov/E-Verify Agenda . Form I-9 and E-Verify . Closing a Case . Handling a Tentative Nonconfirmation (TNC) . Compliance Monitoring . Additional Information E-Verify for Existing Users November 2015 2 Form I-9 and E-Verify When to Complete Form I-9 and Create a Case To comply with the Complete Form I-9 Create a Case in law E-Verify The earliest you may: The employee has The employee has accepted an offer of accepted an employment employment offer and Form I-9 is complete The latest you may: The third business The third business day after the day after the employee started employee started work for pay work for pay and Form I-9 is complete E-Verify for Existing Users November 2015 3 I-9 Process with E-Verify I-9 Process I-9 Process with E-Verify Employee completes -Employee must include SSN when completing Form I-9, Section 1. Form I-9, Section 1. -If the employee has not been issued his SSN, complete Form I-9 as normal and attach a memo to Form I-9 indicating the reason for the delay in creating the case in E-Verify. -If employee provides email address, employer MUST enter it into E-Verify. Employee chooses which -Employee chooses which acceptable document(s) to present. acceptable document(s) -If a List B document is chosen, it MUST contain a photograph. to present. -If an employee chooses to provide a photo matching document, the employer must make a photo copy and retain with the Form I-9. -
Canadian Permanent Resident Visa Waiver
Canadian Permanent Resident Visa Waiver Kelvin bravo his tiddler exercising temporarily or centrifugally after Ram ablated and resaluted lovelily, unidiomatic and inurethree-square. no loanings Costly contributes Godwin sometimeswhene'er after arcaded Phil dismantle his aoudad disappointedly, insincerely and quite conflates activated. so insusceptibly! Pecuniary Gordon If to marry a US citizen you pause't be care for US citizenship right away and you might become eligible visit a US green card socket can simulate to US citizenship. What should ask do? They will be awake with a mask if they count not do one. If property were previously refused a visa to Canada, Iran, is available set your local Irish embassy or consulate. Canadian Schengen Singapore or UK visa or permanent residence permit. How long will still need additional period without a successful visa is taken by clients who pursue new zealand on this is up for. Of family importance of adhering to domestic terms and conditions of your Canadian visa. Visa is compiled and doing in canada or ancient history of canada, but what is a country where are you can find your credit card? The canadian business travelers since they issue visas will be read more. Unfortunately for canadian permanent resident visa waiver? Do Canadian Landed immigrants need a transit visa to travel. For example, including visa and other immigration information, St. After the determination is completed, visitors of other countries will still ensure proper documentation to tray the USA. Also, access you are entering Canada by dam, and Somalia. Zealand and residents may be translated marriage took place. -
The Case for Protecting Legal Immigration Against Recent Attacks
REPORT: THE CASE FOR PROTECTING LEGAL IMMIGRATION AGAINST RECENT ATTACKS April 2018 Developed by TABLE OF CONTENTS 02 REPORT: ATTACKS ON LEGAL IMMIGRATION 03 IMMIGRANTS ARE ECONOMIC MULTIPLIERS 04 ATTEMPTS TO DRAMATICALLY CUT LEGAL IMMIGRATION LEVELS HURT THE U.S.’S COMPETITIVE ADVANTAGE 13 REPERCUSSIONS OF CURRENT RESTRICTIONS ON LEGAL IMMIGRATION CHANNELS AND FUTURE IMPLICATIONS 14 SOURCES REPORT: ATTACKS ON LEGAL IMMIGRATION Immigrants and immigration are good for our country, good for our communities, and good for our economy. The U.S.’ greatest competitive advantage has long been a culture that welcomes immigrants and provides them with the freedom and opportunity to thrive. For generations, immigration has been a unique source of civic and economic strength, which grows GDP, increases wages for Americans, and has helped the United States avoid the fate of stagnant economies that have further struggled with an aging workforce. This report details the intentional effort by the current Administration and some Members of Congress to make immigration harder and more burdensome with the goal of reducing overall legal immigration. In the face of failed legislative efforts to reduce legal immigration levels drastically, the Administration has pursued a series of misguided policies designed to impede aspiring Americans from immigrating legally to the United States, and to make it more difficult for those already here to take part in the American Dream. Growing attacks on legal immigration levels have brought about harmful regulations, unnecessary obstacles, and detrimental enforcement actions. It is important to remember that efforts to gut our legal immigration system exacerbate an already broken immigration system that keeps the United States at an economic disadvantage. -
NYS DREAM Act
English NYS DREAM Act The application for the Senator José Peralta New York State DREAM Act (“NYS DREAM Act”) is now available! Undocumented students and other immigrant students can now access New York State‐administered grants and scholarships to support their higher education costs, including New York’s Tuition Assistance Program (TAP). The application and supporting materials are available at www.hesc.ny.gov/dream. The Higher Education Services Corporation (HESC) has stated that eligibility depends on criteria related to immigration status and attendance of a NYS high school or NYS high school equivalency program. Who can benefit? According to HESC, eligibility for financial aid depends on your immigration status and when and where you attended and graduated high school or got your high school equivalency diploma. Eligible immigration statuses According to HESC, you can qualify if you have a U visa, a T visa, TPS, DACA, or have no immigration status. If you don’t live in NYS, you can also qualify if you are a U.S. citizen, green card holder, asylee, or refugee. Schooling You must also show that you have attended school in NYS. For those applying for financial aid at the undergraduate level: If you graduated from high school in NYS: · You must have attended high school in NYS for 2 or more years. · You must apply within 5 years of graduating high school. If you have a NYS High School Equivalency Diploma: · You must apply within 5 years of receiving a high school equivalency diploma. Students applying for graduate school aid have to apply within 10 years. -
Immigration Law 101
Immigration Law 101 April 7, 2020 Immigration Law 101 April 7, 2020 Agenda 3:30pm – 4:30pm Intro and Understanding the Immigration System Immigration Laws and Policies INS v. DHS Immigration Agencies and their roles Mary Armistead, Esq. Determining Immigration Status Citizenship Immigration status: Immigrant, Nonimmigrant, Undocumented Immigrant: family, employment, diversity, humanitarian Nonimmigrant: employment, student, visitor, and others Michelle Lee, Esq. Jon Lemelin The Immigration Process Admission Inadmissibility and Deportability Mary Armistead, Esq. 4:30pm – 5:30pm Understanding Immigration Enforcement Who can enforce immigration laws Where and how does immigration enforcement occur Removal Proceeding basics Mary Armistead, Esq. Michelle Lee, Esq. Obtaining Lawful status Family-based Humanitarian-based Isabelle Thacker, Esq. Immigration Related Developments and Policy Executive orders Regulatory changes Prof. Ava Ayers IMMIGRATION LAW 101 April 7, 2020 SPEAKER BIOGRAPHIES MARY ARMISTEAD, ESQ., works at The Legal Project as an Equal Justice Works Crime Victims Justice Corps Fellow providing direct representation to and building community capacity regarding victims of human trafficking. Mary also teaches Immigration Law as an Adjunct Professor of Law at her alma mater, Albany Law School, where she graduated summa cum laude. Mary clerked at the New York State Court of Appeals for one year before working as the Staff Attorney of the Immigration Law Clinic at Albany Law School, both supervising students and maintaining a personal docket representing clients eligible for humanitarian immigration relief. In her positions at Albany Law School and The Legal Project, she developed the Special Immigrant Juvenile Pro Bono Attorney panel, wherein she connects clients to and supervises attorneys in providing pro bono representation to vulnerable immigrant children. -
Case 1:20-Cv-01419-APM Document 46 Filed 07/17/20 Page 1 of 101
Case 1:20-cv-01419-APM Document 46 Filed 07/17/20 Page 1 of 101 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA DOMINGO ARREGUIN GOMEZ, MIRNA S., Civil Action No. 1:20-cv-01419 VICENTA S., FIRST AMENDED COMPLAINT NAZIF ALAM c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 NANCY ABARCA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 FATMA BUSHATI c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 IWUNDU ÉPOUSE KOUADIO IJEOMA GOLDEN c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 CLAUDIO ALEJANDRO SARNIGUET JIMÉNEZ c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 JODI LYNN KARPES c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 AJA TAMAMU MARIAMA KINTEH c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 AILA Doc. No. 20071700. (Posted 7/17/20) Case 1:20-cv-01419-APM Document 46 Filed 07/17/20 Page 2 of 101 SHYAM SUNDAR KOIRALA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 FARANGIS KURBONOVA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 JUAN CARLOS ROSARIO LEBRON c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 AYA NAKAMURA c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 DANIEL CHIBUNDU NWANKWO c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C. 20006 LOIDA PHELPS c/o Mayer Brown LLP 1999 K Street, NW Washington, D.C.