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I'm on my way to the American Immigration Lawyers Association Conference in San Francisco and just read that the US Supreme Court in Hollingsworth v. Perry nixed section 3 of DOMA as well as Prop 8 in the Windsor case (at least as to standing to be in court). I'll be going through the decisions over the next few days. Already, our phones are ringing off the hook with couples who have been waiting for this historic moment for years. More to follow, as I'm sure there will be several gatherings … [Read more...]
June 25, 2013 by ·
Just a quick post before I head to San Francisco for the annual American Immigration Lawyers Association conference. S. 744 is on the way to a vote within the next few days, only now with a GOP peacemaking feature to keep the bill moving. It now contains provisions for 40,000 Border Patrol boots on the ground (anyone need a job?) and more fencing (700 miles) to the tune of $46 billion dollars (i.e., the full employment bill for government contractors providing border enforcement technology … [Read more...]
June 24, 2013 by ·
At first, it sounds so simple: If the US Supreme Court determines that the Defense of Marriage Act (DOMA) is unconstitutional, then many same-sex spouses expect to file their immigration petitions with USCIS immediately. But, I recommend caution. Getting married does not always solve a foreign national's immigration problems. In addition, the path to status is long and arduous. There is nothing speedy about it. More importantly, there are many issues to consider before rushing to file. The … [Read more...]
June 23, 2013 by ·
During the coming week, we could see two historic events: announcement by the US Supreme Court on the constitutionality of the Defense of Marriage Act (DOMA), and a Senate floor vote on S. 744, the comprehensive immigration reform bill. Both are likely to occur while this Seattle immigration lawyer and thousands of my fellow immigration lawyers from around the country will be convening at the annual American Immigration Lawyers Association (AILA) conference in San Francisco. (Something big … [Read more...]
May 15, 2013 by ·
I mentioned in my earlier blog post, I-94 Automation Begins: What you need to know, that US Customs and Border Patrol started implementation of its new automated I-94 system. I-94s are a key document used to verify lawful status in the US. It is used to apply for drivers licenses in many states as well as to apply for Social Security numbers, government benefits and immigration extensions and change of stay, as well as adjustment of status for permanent residence. In that post I advised that … [Read more...]
May 15, 2013 by ·
On Tuesday, May 14, the Senate Judiciary Committee completed another round of markups to Title IV of the comprehensive immigration reform (CIR) bill, S. 744. Besides additional enforcement provisions, the Senate tackled amendments to the proposed immigration law, particularly the various nonimmigrant work visa categories. The following is a short summary, the details of which can be found here with individual amendment text here. A number of Senator Hatch's proposed amendments to the H and L … [Read more...]
May 10, 2013 by ·
The Immigrant Legal Resource Center (ILRC) has put out a very useful FAQ on Selective Service registration and military enlistment rules for immigrants of all types (in legal status, not in legal status, permanent v. temporary residents, and DACA recipients). The FAQ also covers basic US citizen and dual citizen requirements. For more information, see also the Selective Service website. All males between 18 through 25 (i.e., under 26) must register for the Selective Service regardless of … [Read more...]
May 10, 2013 by ·
Below are highlights from today's opening Senate Judiciary Committee hearing on S. 744, the "Border Security, Economic Opportunity, and Immigration Modernization Act." Overall, the Committee considered 32 amendments to Title I concerning border security. The Committee adopted 21 amendments, of which 20 were adopted by a bipartisan vote. The debate and voting can be viewed on C-Span. The Committee will meet again at 10 o'clock next Tuesday. After first approving by 14-4 the Sponsors' amended … [Read more...]
May 8, 2013 by ·
A list of the Senate Judiciary Committee's proposed amendments to the massive comprehensive immigration reform bill, S. 744, "Border Security, Economic Opportunity, and Immigration Modernization Act," run the gamut from efforts to eliminate major core benefits such as eligibility for the legalization program known as Registered Provisional Immigrant (RPI) status, to efforts to expand benefits, such as to LGBT families, to minor tweaks, as well as special interest provisions. Over 300 amendments … [Read more...]
May 7, 2013 by ·
US Senate Judiciary Committee members have filed their amendments to S. 744, the "Border Security, Economic Opportunity, and Immigration Modernization Act." The amendments are being uploaded online now at http://www.judiciary.senate.gov/legislation/immigration/amendments.cfm. This is an interesting process where Chairman Senator Leahy has requested that all amendments be filed by 5pm today EST. Having them online available for the public is in stark contrast to the 2006-2007 reform efforts … [Read more...]
