Cambridge Immigration Law
Cambridge Immigration Law

Category: Uncategorized

Very Helpful Practice Advisory on Inspection, Entry and Admission

March 25, 2015
In this recently issued practice update below, the American Immigration Council summarizes a case where an individual who entered without inspection, clarifies the meaning of admission in different circumstances and discusses possible immigration consequences.
For more information about this practice advisory please visit the American Immigration Council website.

March 24, 2015

Washington, D.C. – The American Immigration Council is pleased to release an updated version of its practice advisory Inspection, Entry and Admission. This Practice Advisory has been updated to include a summary of arguments to be made on behalf of an individual who entered without inspection, subsequently was granted Temporary Protected Status, and now seeks to adjust his or her status. The basis for this argument—and for the court decisions which have adopted it—is that a grant of TPS satisfies the requirement in the adjustment statute that the applicant has been “admitted” to the U.S.

The advisory also discusses of the meaning of “admission” in three frequently encountered situations: when an individual is “waved through” a port of entry with no questions asked; when an individual gains entry through a misrepresentation; and when an individual gains entry by making a false claim to U.S. citizenship. With respect to each, the advisory addresses whether an admission has occurred; what the noncitizen’s status is upon entry; what possible immigration consequences there are to such an entry; and what impact this type of entry may have on a DACA application.

Attorney Ellen Sullivan Quote in the Daily Beast

March 10, 2015

The Daily Beast quoted Attorney Ellen Sullivan in a story about removal proceedings against Mustafa Ozseferoglu, a co-worker/acquaintance of the Boston Marathon bombers. In short, Attorney Sullivan stated that Mr. Ozseferoglu’s immigration case would be extremely difficult without any association–innocent or not– with the Marathon bombers. That is, in a “cancellation of removal” case such at Mr. Ozseferoglu’s case, the burden on the immigrant is extremely—almost unreasonably–high. With the specter of an illicit association with the alleged perpetrators of the Boston marathon tragedy, Mr. Ozseferoglu and his attorney face considerable challenges to successfully arguing that the United States should grant Mr. Ozseferoglu lawful status in this country.

US Government Tries to Continue expanded-DACA and new DAPA programs roll-out despite injunction

February 24, 2015

A Texas federal district court issued an injunction against the US government from implementing its expanded-DACA and new DAPA programs. In response, the US governmentn filed an emergency request to stay that injunction. If the US’s order is granted, then it would be able to begin to receive expanded-DACA applications.

AILA maintains frequent updates about this issue. Check out AILA’s website for more information about this issue and other immigration issues.

Marijuana Law at AILA Conference

February 23, 2015

This week, I’m working on final drafts of an article that will be presented at the AILA National Conference in Washington, DC in June. The article and the June presentation discusses how, and if, non-US citizens in the US can exercise their state rights to use marijuana medically and, in Colorado and Washington, recreationally. This is a fascinating example of conflict of laws that has drastic, if not devastating, effects on immigrants who choose to use state-legal marijuana.

Any non-US citizen immigrant should think carefully before using marijuana in states where it is legal. Remember that state-legal marijuana is still illegal under federal law. Violations of federal drug laws can result in loss of immigration status, revocation of US visas, removal from the US, and denial of applications for adjustment of status (green cards) and citizenship.

Hopes Dashed for Work Permits and Legal Status

February 20, 2015

Many immigrants and supporters of the immigrant community received a wonderful 2014 Thanksgiving gift from President Obama–expanded DACA, the new DAPA program, and other changes in immigration policies. However, this week, hopes were dashed for many immigrants in Massachusetts and throughout the country. See a recent Boston Globe article about Boston immigrants’ responses to this dramatic court order.

As the week wraps up, I have files on my desk containing applications that cannot be filed. My clients, their families, and I are all disheartened by this unjust turn of events. I have hope that the application process will open up again soon. Until then, immigrants can still prepare applications, but must not submit them until USCIS provides further guidance on its response to the injunction against filing expanded DACA applications.

 

Federal District Court Blocks USCIS Implementation of Expanded DACA

February 17, 2015

The USCIS website recently reported: “Due to a federal court order, USCIS will not begin accepting requests for the expansion of DACA on February 18 as originally planned. The court’s temporary injunction, issued February 16, does not affect the existing DACA. Individuals may continue to come forward and request an initial grant of DACA or renewal of DACA under the guidelines established in 2012.”

This means that President Obama’s executive action on immigration is being challenged by the courts, and that those challenges are delaying some immigrants’ ability to access immigration benefits that have lawfully been made available to them. If you planned on applying for expanded DACA, please check USCIS frequently for updates and/or consult your immigration attorney about this unfortunate turn of events.

Attorney Ellen Sullivan Published in The List

December 9, 2014

Attorney Ellen Sullivan posted a post about the effects of President Obama’s executive actions in Boston Queer Agenda’s weekly publication The List. To read her missive, subscribe to the List, or continue reading below.

 

President Obama’s recent immigration announcement is exciting for many folks who for many years have lived and worked in the US and, during that time, given themselves to communities here in the U.S. By allowing some undocumented immigrants that have children who are US citizens or lawful permanent residents to obtain temporary status in the US, President Obama demonstrates his commitment to keeping families together and avoiding devastating deportations of US children’s parents. A summary of the President’s plan is here.
The President’s plan takes much-needed humanitarian action to address the dire unfairness of keeping millions of our neighbors in the shadows. However, the new policies have serious shortcomings. First, the President’s offer of “work permits” requires vulnerable individuals to declare their undocumented status to the government, without any information about how the government will deal with their situations once the “work permits” expire in three years. It is important for individuals who may apply for the “work permit” to consider how they will be affected if/when the government ends the program. That is, what will these folks do if the government puts them into deportation proceedings after the work permits expire? For many, the opportunity to come out of the shadows-even temporarily-is worth the risk of potential detention and/or deportation. For others, such as those who fear persecution in their home countries, the stakes are much higher.
Also, the new policies fail to help many individuals and families, especially LGBT families without children and those families where a parent may not be the biological or legal parent of a child. The Huffington Post reported on this issue here.
I applaud the President’s action, yet I hold out hope for broader action that will help more of my neighbors to live more freely and productively. Feel free to get in touch with me if you have questions: Attorney Ellen Sullivan at Ellen@EllenSullivanLaw.com and 617-714-4375.

 

DHS to Expand Opportunities for High-Skilled Businesses and Workers

December 5, 2014

The Department of Homeland Security will give businesses more flexibility to hire highly skilled foreign-born workers through President Obama’s executive actions.

As an update to the current employment-based immigrant visa system, the Secretary of Homeland Security has directed USCIS to consider a few practical changes. According to his direction, USCIS ought to issue all of the immigrant visas available to qualified applicants, rather than letting many go unused. Furthermore, USCIS will update its practice for when it makes such visa applications available throughout the year. The Secretary also recommended that USCIS consider any other potential changes that would make the application process more accessible and stable to any such highly-skilled applicants and beneficiaries.

Read more about how DHS is attempting to support high-skilled workers and the businesses that hire them.

Expansion of Deferred Action for Childhood Arrivals Program

November 26, 2014

The Department of Homeland Security (DHS), which continues to implement President Obama’s proposed immigration executive action, will expand the Deferred Action for Childhood Arrivals (DACA) Program. Under this program, the DHS uses its power of prosecutorial discretion on a case-by-case basis for deferred action concerning undocumented immigrants who arrived in the United States as children. As a result of the President’s executive action, the program will no longer require—among other things—eligible immigrants to have been born after June 15, 1981, and the entry date for these individuals has been pushed back from June 15, 2007 to January 1, 2010.

 

Read more about the proposed changes to the DACA program, and please feel free to contact our office if you have any questions.

« First‹ Previous38394041Next ›