Immigration Law

SUPREME CT: Who is Upside Down??

"It’s as if . . . the President is setting the policy and the Congress is executing it. That’s just upside down." - Justice Anthony Kennedy (April 19, 2016 - Supreme Court Argument)

Respectfully, Justice Kennedy, nothing is upside down. The system is working, poorly perhaps, but as intended when one branch abdicates its responsibility to fix an unworkable situation. The government had to do something, the President has acted by necessity, the consequence of Congressional inaction. His limited efforts to stabilize our society should be allow to proceed.

Military Service Path to Citizenship - Navy Memo

Service in the US military provides a path to citizenship for temporary residents or non-immigrants present in the United States who meet certain criteria, and who are willing to so serve  a period of active duty.  In a recent memo issued July 30, 2015, the US Navy has commenced a pilot program seeking such recruits with special language skills, including Arabic, Korean, Swahili, Farsi, Pashtu, Punjabi and Urdu.

A copy of this memo, which includes the applicaton, is available here .

TPS Deadline Approaches (NEPAL - December 21)

Nepalese nationals who are in the United States and meet certain criteria are eligible for Temporary Protected Status, permitting temporary legal status and work authorization since June 24, 2015, due to the ravages of the earthquake in Nepal.  However, the application period is about to expire and will do so on December 21, 2015.  USCIS recently issued a reminder to those who might be eligible to apply before the period expires.

All details are available on the USCIS website at: 

EB-5 Q&A: What qualifies as an EB-5 troubled business?

Question Detail: My retail business has experienced some loss, and I want to see if it qualifies as a troubled business under the EB-5 program. What does USCIS consider a troubled business for EB-5 investment purposes? What proof will I need to provide to show that it is troubled? If I currently have 8 employees, and get an EB-5 investor to invest, will they just have to preserve those jobs or create new ones?

EB-5 Q&A: What criminal charges preclude immigration through EB-5?

Question Detail: I have a UK Caution on my criminal record. The Caution is for Common Assault and occurred in a domestic situation whilst defending myself. Would this Caution prevent my I-526 from being approved if I apply for EB-5? And will it be a problem later during consular processing? What criminal charges would bar someone from immigrating through EB-5?