Musings on Immigration

Venezuelans received welcome news this last month when the National Assembly published a decree signed by Interim President Juan Guaido on May 21, to extend the validity of Venezuelan passports for an additional five years past their printed date of expiration. The U.S. Department of State issued a  statement ,recognizing this extension for visa issuance and consular process. They also stated that Customs and Border Patrol would recognize this decree. Obtaining a valid Venezuelan passport has been a difficult, if not impossible, task that has been a source of much concern for those seeking visas to the U.S. or have pending applications for immigration benefits. This decree will allow those currently holding a Venezuelan passport that has expired to automatically add 5 years of validity from the expiration date. While this statement can provide much needed assurance, we recommend that Venezuelans who are currently applying for an immigration benefit, including travel to the U.S. w

Marijuana is a controlled substance under federal law, which makes it is illegal to possess or distribute the drug.   Conversely, in a growing number of states it is legal to possess and distribute marijuana.   What does this mean?   Well, in the context of lawful permanent residents (green card holders or LPRs) who are wanting to apply for citizenship, it means some people could have a very big problem.   U.S. Citizenship and Immigration Services (USCIS) is the federal agency charged with approving or denying LPR applications for citizenship.   USCIS applies federal law in adjudicating those applications.   In short, a person could very well abide by the law of a state and not run the risk of criminal prosecution, but still be denied citizenship by USCIS for breaking federal law. USCIS recently issued clarification on its intentions stating that federal law “does not recognize the decriminalization of marijuana for any purpose, even in places where state or local law does.”   In