Blog: Think Immigration
We believe that immigration law is an integral part of America’s past, present and future. We also know that immigration law is complicated. Here you’ll find experts writing in an accessible way about immigration issues, from big, broad ideas down to specific cases. Our members bring knowledge they’ve gleaned from the daily practice of immigration law to this space and offer their expertise to readers.
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The New Provisional Waiver – A Promising Program Foundering
For a year we waited for USCIS to put into effect changes it had discussed in processing the needed waiver for the 10 year bar found in INA § 212(a)(9)(B) for those people married to U.S. Citizens who had entered the United States without inspection. The announcement of the change to a “provisional
Where’s that Finish Line?
After what seemed like a whirlwind of action in the Senate with hundreds of amendments in committee and then hundreds more filed during the floor debate, we ended up with a bill passed at the end of June. Great timing of course because that still left a good month for the House to crank into [̷
The Secretary Stakes
I admit to a considerable amount of surprise at Secretary of Homeland Security Janet Napolitano's announcement that she'd be leaving DHS for the University of California system. I've read all kinds of news stories about how DHS Secretary is a thankless job where one gets the blame when things go wr
Numbers Add Up
Numbers can be, well, mindnumbing. But they are something that all of us use every single day. Price of gas? A number. Mortgage or rent payment due? A number. Groceries, utilities, daycare, you name it and it can be numbered. I want to share some numbers with you—powerful numbers on immigration
You Can Lead a Horse to Water…
After the House Republican Conference met this afternoon to discuss immigration reform plans, I held out hope that the Leadership of my party would see the light. (Yes, I'm an immigration lawyer and a Republican, there are actually quite a few of us out there.) Instead they've turned away from what
The “H” in the House of Representatives
Just before the July 4th holiday, we witnessed the Senate approving a largely sensible, sound, secure and smart immigration reform bill. As this bill heads to the House of Representatives, the buzz is on what the House will or will not do. Statements from House leaders range from flat out oppositi
Let’s Celebrate What Makes America Great and Keep Immigration Reform Moving Forward!
This past week was truly a historic week for our nation. The Supreme Court ruled that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional as its “demonstrated purpose is to ensure that if any State decides to recognize same-sex marriages, those unions will be treated as second-clas
“I’d Like to Thank the U.S. Senate…”
Seriously, I can't quite believe it. The Senate managed to give me a birthday gift, Christmas present, and welcome basket beyond my wildest expectations on the day that I was installed as AILA's President. S. 744, the “Border Security, Economic Opportunity, and Immigration Modernization Act“
Ding Dong, DOMA Is Dead
Cheers erupted this morning outside the Supreme Court as the ruling was announced that by a 5-4 decision, Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional. For over 15 years, because of DOMA, bi-national same-sex couples were often forced to choose between separation or staying t
Anyone else getting dizzy?
Immigration reform seems to be both alive and dead, to be closer than ever, and further away. Depending on who you listen to, you would swear that it's a done deal, yet somehow simultaneously dead. One guy says it'll never get the votes it needs to get out of the Senate, much less have any [̷
U.S. Grads Deserve Better Than the Boot
Institute an OPT Extension for Grads Who Lost H-1B Lottery During the first week of April, 2013, the U.S. Citizenship and Immigration Services (USCIS) received approximately 124,000 petitions for H-1B work visas, more than the yearly limit of 85,000. That not only means that all the H-1B slots for
House Vote to Defund DACA Requires Action Now
On June 6th, the House voted 224 to 201 to defund the infant Deferred Action for Childhood Arrivals (“DACA“) program, announced by President Obama on June 15, 2012. On a mostly party-line vote, 220 House Republicans supported the amendment introduced by Representative Steve King (R‑IA) that w
The Senate Floor Dance Is Set to Begin
Immigration reform is on tap to start up on the Senate floor next week, according to Senate Majority Leader Harry Reid (D-NV), with buy-in from many Senate Republicans led by Senate Minority Leader Mitch McConnell (R-KY). I don't mean buy-in as in committed to supporting the bill, since that is not
The Many Benefits of Immigration Reform
It is faith-restoring to see that, despite Congress' historic partisan divide, bipartisan leaders can put fear aside and do what is in the nation's best interest. The sweeping Comprehensive Immigration Reform (“CIR“) bill, S.744, the brainchild of the politically courageous bipartisan “Gang o
Immigration Reform and Making a Workable H-1B Program
It has been stated frequently over the past few years that the global competiveness of the United States depends in substantial measure on our ability to attract and retain the best talent internationally. This includes keeping the foreign students who have been educated in U.S. universities. Accord
The Importance of the Human Stories Behind Immigration
Imagine you're a hardworking staff member for a U.S. Senator. You're looking at an immigration reform bill that's nearly a thousand pages, seemingly covers a million different issues and includes provisions that will impact tens of millions of people. Immigration isn't necessarily your area of exp
On Tap for Tuesday’s Hearing: Nonimmigrant Visas
After working its way through 32 amendments related to border triggers and the rest of Title I at their markup last week, the Senate Judiciary Committee is going to jump ahead on Tuesday to Title IV, which has a mixed bag of nonimmigrant provisions for business immigration. These provisions came aft
Like Déjà Vu, All Over Again
Really? Seriously? Wow. Not the most erudite comment I've ever made but that's what I'm reduced to facing this week's Amendmentpalooza. Wow. I'm looking at the breakdown of proposed amendments to the Senate immigration reform bill (S. 744). AILA National is conducting careful analysis of the hund
Senator Leahy’s Refreshing Amendment Policy
Listen carefully. That ‘click' ‘click' ‘click' sound you hear isn't your clock. Around the country, and potentially around the world, immigration advocates and restrictionists alike are hitting the “refresh“ button over and over and over again on a Senate Judiciary Committee website. Why? W
The Time Is Now: Five Reasons Why Congress Will Pass Immigration Reform
Things are different this time around. The passion is different, the energy is different and, most of all, America is different. As Congress gets ready to take on what is arguably the most contentious issue in the country, there is no mistaking it: America is ready to create an immigration process
Why the Uniting American Families Act (UAFA) is an integral part of immigration reform
As the Senate gets ready to unveil the details for what is to be the biggest reform of our immigration laws this week, families across our nation hope their fears and struggles will be ended or at least eased with the new laws. A major concern revolves around the definition of marriage for the purp
Immigration Rally in Washington, DC: Marching for Change
On Wednesday, April 10, just the day before AILA's National Day of Action kicked off in Washington, DC, tens of thousands of protesters marched on the Capitol in support of immigration reform. Advocates came by foot, car, bus, train, and plane from all over the country. They held signs telling the
Politics of immigration: A style change or attitude change?
Last week the Associated Press (AP) changed its style manual so that the term “Illegal“ is to be used to describe an action or procedure, but not a person. No more “illegal immigrant“ in AP stories. News organizations have debated the use of the term “illegal immigrant“ before bec
A Bird in Hand—CIR and Deferred Action
With all the buzz about immigration reform, why apply for deferred action now? For those who were waiting to see how the elections turned out or whether the Obama administration's Deferred Action for Childhood Arrivals or “DACA“ program was “real“ and not just a trick, the answer is clea
Guess Who’s Coming to Dinner
Ronald Reagan once said that “All great change in America begins at the dinner table“. He was right. Guess Who's Coming to Dinner is a 1967 American drama film starring Spencer Tracy, Sidney Poitier and Katharine Hepburn. The film considered the then controversial subject of interracial marria