Musings on Immigration

Although we are in the midst of H-1B hiring season, not all of these H-1B workers will be successful in their new jobs.  We are frequently asked what obligation does an employer have when it terminates a foreign national employee like an H-1B visa holder, and what options are available to the foreign national employee if he is terminated.  While this is general guidance to employers in dealing with immigration matters during the downsizing process, employers terminating foreign employees should also consider arranging for immigration counsel to advise foreign employees on the consequences of termination as one of the services provided to workers being terminated.  There are many myths surrounding the termination of H-1B and other non-immigrant workers, and it is very important to understand the employers obligation, and to dispel the myths for the now former foreign worker employee. The foreign national employees referred to here do not include lawful permanent resid...

  Un abogado en Miami recientemente   dijo en Univision   Miami que todos los inmigrantes de Venezuela que están en los Estados Unidos, ya, a causa de las protestas y demonstraciones, pueden aplicar por asilo.  Esto es completamente falso!  Desaforadamente, muchos Venezolanos han sido engañados por este mal consejo. No sea engañado!  Aplicando por asilo en los Estados Unidos es un proceso complicado que nunca debe ser hecho sin consultar con un abogado con mucha experiencia en casos de asilo. Por ejemplo, si alguien ha estado en los estados unidos por más de un ano, tal persona   no   es elegible por asilo sin convencer a USCIS que su demora en aplicar era por una buena razón (en raros casos).  De hecho tal caso será negado y su caso será tirado al corte de inmigración.  Y, como muchos saben, los cortes de inmigración niegan la mayoría de casos de asilo. En el ano 2013, los cortes de inmigración solo   aprobaron los 33% ...

Usually the word “discharge” has a negative connotation, at least in the medical sense; however, could discharge may be a positive thing in the context of immigration reform?   As we all know, comprehensive immigration reform has stalled in the House, after the Senate passed a comprehensive bill last year.   Democratic representatives appear ready to try and kick start renewed efforts to revive reform by using a procedural maneuver known as a “discharge petition.”   A discharge petition is a petition that requires signature by a majority of House members which would compel a discharge of the petition from committee (where it is currently stalled), and moved to the House floor for a vote.   According to reports, Nancy Pelosi, Houser Minority Leader, plans on submitting a petition to discharge the stalled reform bill from committee as a way around John Boehner, who is currently blocking the bill from the House floor.   It is very unlikely that Pelosi will b...

Many friends ask what exactly I do as an immigration attorney and what kind of clients I meet and help.   One thing I love about my job is that I get to handle a wide variety of different cases with people from all over the world.   Though the cases may be factually different, nearly all of my cases are common in that they involve individuals with compelling cases that deserve compassionate and sensible solutions.   Here is a sampling of a few of my recent consultations (the names and countries have been changed to conceal identities): 1.      A young woman from El Salvador was brought into the United States ten years ago by her family when she was 16.   She is married to an emotionally and physically abusive U.S. citizen who constantly threatens to call immigration if she does not comply with his demands.   The husband threatens to have her deported and separated from their young child.   He controls the money completely and uses tha...

           In a word - nothing.  Allow me to digress for a moment and then put a bow on this at the end. One of the most common facts that must be shown in a deportation defense or waiver of some ground of inadmissibility is hardship. The level of hardship varies based on the type of case, from your everyday run of the mill hardship to your heightened exceptional and extremely unusual hardship. The hardship is usually to your qualifying relative. The U.S. government does not care about the affect your deportation would have on you, but supposedly cares about how it will affect your qualifying relative or relatives. One of the most common ways that hardship is shown is by demonstrating that the current conditions in the country to which you would be removed are so horrible that it would be a hardship for your qualifying relative to go and live there with you.             Unless you’ve been li...

Monday's "legal," but ethically challenged passage of SB 404 in the Senate Judiciary Non-Civil Committee hearing has created a real problem for Georgia Senators (and for House members who are considering today the possible addition of anti-immigration language from SB 404 to HB 621).  What is that problem?SB 404 violates federal law and will be struck down if it is passed. As background, on Friday evening , February 21, 2013, SB 404 was introduced into the Georgia Senate on and published on its website.  As of Monday, February 24, 2014, at 8:00 pm., SB 404 was not yet publicly assigned to a committee in the Senate, and several people were told by the clerk of the Senate around 2:00 pm on Monday that SB 404 had not be been "pulled from the hopper," e.g. read in the Senate and assigned to a committee.  Yet, around 3:00 pm, when a large group of folks opposed to SB 404 were in the Georgia House hearing room, where HB 621 was supposed to be heard on Monday (but wa...

Bad news.  We were told today that the House Committee on Motor Vehicles could possibly substitute into HB 621 the DACA Drivers License Takeaway bill language in SB 404.  At the committee hearing today, Chairman Rice said he was postponing today’s hearing on HB 621 til tomorrow.  But, while our group was in the House hearing room, the Senate Non-Civil Judiciary Committee heard, voted on and passed the actual SB 404, without amendment!! There was no notice of the hearing, nor was there anyone present to speak against it. SB 404 now goes to the Senate Rules committee, which is usually perfunctory, and which is charged by Senator Mullis.  Call Senator Mullis now and ask him to stop SB 404 for having been passed through committed in violation of Senate rules.  You can reach him at (404) 656-0057 .  We need a very loud call on this to alert Georgians that our Senators are breaking their own rules in an attempt to hurt children and damag...