Law360, New York (November 10, 2015, 4:50 PM ET) — The U.S. Citizenship and Immigration Services’ Administrative Appeals Office has dismissed a renewed petition by a company that deals in real estate-related work to employ a nonimmigrant woman as an accountant and extend her classification under a visa program for specialty occupations.

The AAO rejected the arguments by the company, identified in the decision as SK&NKU- Inc., that the office previously did not properly consider the position’s duties over the scope of the entity’s varied holdings, that it ignored evidence describing the position’s functions and that…

Source: Law360

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.
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Listen to an interview with CLINIC staff attorney Michelle Mendez about a new resource for educators for working with undocumented students. Andrea Acosta of El Pregonero, Spanish-language newspaper of the Archdiocese of Washington, conducted the interview for her radio program, Abriendo Puertas, which is heard in 40 markets around the United States.

 

Source: Catholic Charities

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

Silver Spring, MD—The Catholic Legal Immigration Network, Inc. (CLINIC) is disheartened by the Nov. 9 ruling in Texas v. United States by the 5th U.S. Circuit Court of Appeals in New Orleans. The continued delay of administrative relief fails to recognize the contributions of those eligible for potential relief from deportation and poorly positions our nation to respond effectively to changing economic and social conditions.
 
CLINIC Executive Director Jeanne Atkinson said: “I am very disappointed with the 5th Circuit’s ruling, as it will prevent countless immigrant families from remaining safely together in the United States. While this political and legal battle is being played out, real lives are at stake and families continue to be torn apart.”
 
The 5th Circuit affirmed the Southern District Court of Texas’s ruling of February 2015. It blocked President Obama’s executive actions that would expand a 2012 program known as Deferred Action for Childhood Arrivals (DACA) and create the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program, announced Nov. 20, 2014. The original DACA program is not affected by the 5th Circuit’s ruling.  DAPA, as announced, would defer deportation for the undocumented parents of U.S. citizens and legal permanent residents.
 
“Today’s ruling negatively affects more than 5 million U.S. citizen children and their families, “Atkinson continued. “We urge the administration to expeditiously appeal this decision to the Supreme Court.”
 
In light of the 5th Circuit’s ruling, CLINIC recommends qualified legal immigration practitioners continue client screenings to assist those eligible for other immigration benefits. CLINIC recognizes the need for permanent changes to the United States immigration system and calls upon Congress to enact compassionate, comprehensive reforms to strengthen our families, our communities, and our country.
 
As the nation’s largest network of nonprofit immigration programs – more than 275 organizations in 46 states, the District of Columbia, and Puerto Rico – CLINIC’s affiliates stand ready to assist immigrants eligible for relief with reliable, high quality legal services.

Source: Catholic Charities

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

(Updated at 11:32 a.m. ET.)
A federal appeals court in New Orleans dealt President Obama a big blow on Monday when it ruled that Obama had overstepped his legal authority in attempting to shield up to 5 million immigrants from deportation.
The Obama administration has vowed to appeal the decision to the Supreme Court.
NPR’s Richard Gonzales filed this report for our Newscast unit:

“The 2-to-1 ruling upholds an injunction by a federal judge in Texas who blocked President Obama’s executive actions on immigration.
“It was just about a year ago when the president announced his plan to allow parents of U.S. citizens and permanent residents to remain here and work without fear of deportation.
“He also wanted to extend that protection to younger immigrants brought here as children. That plan was challenged by 26 states, led by Texas. The appellate court agreed that the president had overreached his authority.
“Immigration activists argued that the president was acting within his authority.”

In a statement, Department of Justice spokesman Patrick Rodenbush said the department disagrees with the ruling.
“The Department of Justice remains committed to taking steps that will resolve the immigration litigation as quickly as possible in order to allow DHS to bring greater accountability to our immigration system by prioritizing the removal of the worst offenders, not people who have long ties to the United States and who are raising American children,” Rodenbush said.
At issue here is whether the executive actions fit within the powers of prosecutorial discretion granted to the executive branch.
A three-judge panel of the 5th U.S. Circuit Court of Appeals said Obama’s executive action goes beyond merely saying that the executive would not try to deport these immigrants. Instead, the majority argues, Obama’s executive action also allows those individuals to be “lawfully present” in the United States.
“[Obama’s immigration plan] is foreclosed by Congress’ careful plan; the program is ‘manifestly contrary to the statute’ and therefore was properly enjoined,” the two judges in the majority write.
In English, it means that the Immigration and Naturalization Act of 1952 expressly lays out how and when an immigrant can legally remain in the country. The president, the court ruled, cannot unilaterally change that, even if Congress refuses to enact new immigration laws.
Another sticking point in this case is that the Obama administration argued that the court should not even be taking up this issue because it cannot review prosecutorial discretion action that the executive is making on a case-by-case basis.
The Obama administration argued that’s how it would roll out this program, but the court dismissed that argument.
The lone dissenter in the case, Judge Carolyn Dineen King, writes that when the court dismissed that claim, it went way too far.
“Although the very face of the Memorandum makes clear that it must be applied with such [case-by-case] discretion, the district court concluded on its own — prior to [the immigration program’s] implementation, based on improper burden-shifting, and without seeing the need even to hold an evidentiary hearing — that the Memorandum is a sham, a mere ‘pretext’ for the Executive’s plan ‘not [to] enforce the immigration laws as to over four million illegal aliens,’ ” King writes.
King concludes: “I have a firm and definite conviction that a mistake has been made.”
Copyright 2015 NPR. To see more, visit http://www.npr.org/.
Source: KOSU

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

WASHINGTON – While the ongoing migration crisis continues to preoccupy Europe’s policymakers and publics, another important migration trend has almost disappeared from the headlines, although not from policymakers’ list of concerns: the emigration of well-prepared young Europeans to other European states and, more consequentially, to countries around the world.

Even as these outflows have slowed from their post-recession peak, increased levels of mobility have once more become the norm in Europe. And as the phenomenon has grown, both high-income and growing middle-income countries have had to adjust their thinking to address the loss of the well-educated young workers upon whom economies depend for growth, innovation and competitiveness.

At the twelfth plenary meeting of the Migration Policy Institute’s Transatlantic Council on Migration, experts focused on the scale and implications of these trends in Europe and beyond and posed the question: What concrete actions can governments and societies take to mitigate the costs of emigration and capture more of its potential benefits?

Today, the Transatlantic Council launches the first in a series of reports from the meeting, with the release of the Council Statement. In Rethinking Emigration: Turning Challenges into Opportunities, Transatlantic Council Convenor and MPI President Emeritus Demetrios G. Papademetriou outlines the reality of today’s emigration, which is much more complex than past flows while still being driven primarily by individuals seeking to take account of pronounced opportunity differentials and create better futures for themselves and their families. He also identifies a number of challenges and opportunities for governments looking to address the departure of their residents and set the stage for their continued engagement with their countries of origin.

Papademetriou outlines a series of guiding principles to help governments attenuate some of the adverse effects of emigration, emphasizing the importance of long-term structural reforms that create better opportunities to retain (and attract back) talented workers, and the importance of engaging thoughtfully with nationals while they are abroad.

“Experience makes clear that policymakers can neither prevent their residents from leaving nor entice them to return without structural reforms that improve opportunities at home,” argues Papademetriou. “Governments need to develop long-term strategies that include fundamental labor market and societal reforms that can slow the exodus and create an environment that makes the country attractive to those who might be considering returning as well as would-be immigrants.”

Read the report online here: www.migrationpolicy.org/research/rethinking-emigration-turning-challenges-opportunities-transatlantic-council-statement.

Forthcoming reports in the series will examine emigration trends and responses in Australia, China, Germany, Greece, Ireland, Portugal and Spain, with an eye on how origin and destination country governments can tap into the skills and resources of energetic young workers—no matter where they end up.

On November 24, MPI will hold a webinar in which Papademetriou and Antonio Vitorino, former European Commissioner for Justice and Home Affairs and former Deputy Prime Minister of Portugal, will discuss the challenges facing countries with sizeable emigration flows and the policy responses in their toolkits. Details and registration instructions for the webinar will be available online: www.migrationpolicy.org/events


The Migration Policy Institute (MPI) is an independent, non-partisan, non-profit think tank in Washington, DC dedicated to analysis of the movement of people worldwide. MPI provides analysis, development and evaluation of migration and refugee policies at the local, national and international levels. MPI’s Transatlantic Council on Migration is a unique deliberative body that examines vital policy issues and informs migration policymaking processes across the Atlantic community. The Council’s work is at the cutting edge of policy analysis and evaluation and is thus an essential tool of policymaking.

Source: Migration Policy Ins

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

Law360, New York (November 9, 2015, 10:47 PM ET) — A Georgia district court has approved a roughly $485,000 settlement between several affiliated crop companies and a group of domestic and H-2A visa agricultural guest workers who said they weren’t paid properly, ruling that the deal was fair and reasonable.U.S. District Judge Hugh Lawson signed off on the agreement just one day after the parties submitted the deal to court, which requires Georgia crop supplier Southern Valley Fruit & Vegetable Inc. and its affiliated companies to shell out $485,000 to agricultural workers.

Southern Valley and…

Source: Law360

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

Law360, New York (November 9, 2015, 8:44 PM ET) — The Fifth Circuit on Monday upheld a block on President Barack Obama’s executive actions that could shield an estimated 4.4 million people from deportation, delivering yet another blow to the president’s attempt to tackle immigration issues without help from Congress.

Immigration activists protest outside the Fifth Circuit on Oct. 14, 2015. (Credit: AP) After almost four months of deliberations, a 2-1 panel for the Fifth Circuit affirmed a block on two controversial deferred deportation and work authorization policies created by the president’s executive actions, which were…

Source: Law360

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

Law360, New York (November 9, 2015, 8:44 PM ET) — The Fifth Circuit on Monday upheld a block on President Barack Obama’s executive actions that could shield an estimated 4.4 million people from deportation, delivering yet another blow to the president’s attempt to tackle immigration issues without help from Congress.After almost four months of deliberations, a 2-1 panel for the Fifth Circuit affirmed a block on two controversial deferred deportation and work authorization policies created by the president’s executive actions, which were announced in November 2014.

The policies would expand a program called Deferred Action…

Source: Law360

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

Law360, New York (November 9, 2015, 8:15 PM ET) — It has been almost a year since Administrative Law Judge Stacy Paddack joined the Office of the Chief Administrative Hearing Officer, and in that time she has consistently reduced fines for employers but has also shown she isn’t afraid to bring the hammer down on attorneys for ethical missteps like plagiarism.

One of only two administrative law judges to hear cases at OCAHO, Judge Paddack joined the office in December 2014, after serving as a Social Security Administration judge for four years. She brought plenty of…

Source: Law360

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.

WASHINGTON—Veterans, service members and military spouses across the country will become U.S. citizens this week as they take the Oath of Allegiance at special Veterans Day naturalization ceremonies. U.S. Citizenship and Immigration Services will highlight the sacrifices that military members and their families have made while serving our country. From Nov. 7-13, USCIS will welcome more than 10,000 new citizens in nearly 130 naturalization ceremonies across the country and around the world. Of those being naturalized, more than 255 are veterans, service members and military spouses.

Many current and former military members and their families are eligible for citizenship, including expedited screening and overseas processing, under special provisions of the Immigration and Nationality Act. Since Oct. 1, 2001, when data collection on military naturalizations began, more than 109,000 service members have become U.S. citizens, including individuals serving in Iraq, Afghanistan, South Korea, Germany, Japan and elsewhere. In 2015 alone, USCIS hosted nearly 175 naturalization ceremonies at military installations in the U.S. and abroad.

“On Veterans Day, we salute the men and women who have so courageously served our country and defended the freedoms that it was built upon. Among our brave veterans are thousands of immigrants, many of whom vowed to defend their new home even before they were citizens,” USCIS Director León Rodríguez said. “It is because of their extraordinary sacrifices, and those of their families, that we can enjoy the rights and liberties of living in this great country.”

USCIS has a robust military outreach program that provides information about immigration and naturalization to service members and veterans at military installations, Department of Veterans Affairs hospitals, universities and various military organizations. USCIS also has offices on multiple military installations, including Fort Benning, Georgia; Camp Lejeune, North Carolina; and Joint Base San Antonio-Lackland, Texas. These offices identify recruits who may be eligible for naturalization.

USCIS’ Veterans Day activities this year will feature a naturalization ceremony at the USS Torsk and USS Constellation, located at the Inner Harbor in Baltimore, Maryland, on Nov. 11. During this event, Dan Renaud, USCIS associate director for the Field Operations Directorate, will administer the Oath of Allegiance, and Sgt. Maj. Mercy A. Diez of the U.S. Army Band will be recognized as an Outstanding American by Choice.

Other ceremonies include events at:

  • American Heroes Air Show in Orlando, Florida, on Nov. 7.
  • Cullman Performance Hall of Tryon Palace in New Bern, North Carolina, on Nov. 11.
  • Joint Base Lewis McChord in Seattle, Washington, on Nov. 13.

In addition, 12 recruits will become new citizens at the Marine Corps Recruit Depot in San Diego, California, through the Naturalization at Basic Training Initiative. Developed with the Department of Defense, this program allows enlisted service members to complete the naturalization process during basic training.

USCIS invites new citizens, and their families and friends, to share their experiences from the ceremonies through Twitter and other social media using the hashtag #newUScitizen.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis), and the USCIS blog The Beacon

– USCIS

Source: uscis

These posts are not meant to give legal advice and is for reporting purposes only. Reading these posts does not establish an attorney -client relationship with Attorney Ahmad Yakzan.
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