Current Immigration News

Obama’s Executive Action for Undocumented Adults

Obama's executive action for undocumented parents

The DAPA executive order expands deferred action to parents of US Citizens and Lawful permanent residents that have been in the United States since January 1, 2010.

Similar to the DACA process, DAPA will require the Applicant to show evidence of their entry in the US, their continuous presence in the US, the parent child relationship with the US Citizen or Lawful Permanent Resident (Green Card holder) child.

Eliminating Age Requirement of DACA

Previously deferred action was available to children that were brought to the United States prior to their 16th birthday along with specific age requirements and are under 31 years of age, which uses the acronym DACA.  The new executive order for DACA eliminates the age requirement.  The broader eligibility requirements should make more undocumented immigrants that entered the United States either illegally or overstayed a visa eligible for deferred action.

Pro’s and Con’s of DACA and DAPA

The primary benefit of deferred action is lowering the risk of being deported and gaining employment authorization.  Deferred action is extended to a term of 3 years as opposed to the previously granted two years.  The downside of deferred action is it does not provide immigration status such as permanent residence or naturalization.  To see if you are eligible for DACA or DAPA, please visit our Deferred Action page here.… Continue reading...

Posted in Comprehensive Immigration Reform, Current Immigration News, Deferred Action, Dream Act, Immigration Lawyer Blog, Immigration Reform, Undocumented Workers |

Will War Prisoner Be Subject To US Immigration Laws? An Immigration Lawyer Perspective

A US war prisoner, who is a Russian veteran of the Soviet war in Afghanistan who defected to the Taliban and stayed in Afghanistan is being transferred to the United States for a criminal trial as opposed to military trial. Aside from the national security implications, and now criminal implications, this very interesting from an immigration lawyer perspective. What status will the prisoner be in when entering (ie. will he be given a visa such as B1/B2 visa)? Will his entry count as an admission so that he may not accrue unlawful presence? If he married a US Citizen after his entry could he get a green card? Also, what will be his country of nationality? If he were to prevail in the criminal trial, what will be his immigration status? Will he be placed in removal proceedings? When does the 1 year clock in asylum kick in? Can he concurrently apply for asylum or withholding of removal as soon as he got to the US?… Continue reading...

Posted in Current Immigration News, Immigration Lawyer Blog |

Immigration Reform: Will Registered Provisional Status Lead to Permanent Residence?

Undocumented immigrants

Senate Bill 744, otherwise known as the Gang of Eight’s Comprehensive Immigration Reform Bill was passed by the Senate Judiciary Committee and has begun debate on the Senate floor.  While debating the bill on the Senate floor, it is my hope that a special emphasis on the visa numbers is analyzed and discussed.  It is my opinion that the current Immigration system has been severely damaged due to the insufficient Immigrant Visa Numbers and the lack of available non-immigrant and immigration visa options.  Big picture the structure of the Senate Bill is fair and does address the current problem.  But as we all know the devil is in the details and the details that caused the current immigration problem should be analyzed, solutions proposed and debated.  In other words, does Senate Bill 744 address the causes of the current immigration problem?  More specifically, are there adequate visa numbers available to eliminate the backlog and allow the current undocumented persons in the US a realistic path to citizenship?… Continue reading...

Posted in Adjustment of Status Application, Comprehensive Immigration Reform, Current Immigration News, EB3 Professional Skilled Workers, Immigration Lawyer Blog, Immigration Reform, Undocumented Workers, Waiver of Admissibility, Waiver of Inadmissibility | Tagged , , , |

The Coincidence of Immigration Reform, the Tragic Bombings in Boston and 9-11

Boston Marathon Bombing - Chicago Immigration lawyer

Tragedy in Boston Marathon Explosion

The Boston Marathon Bombings are a tragic event.  Our hearts go out to the victims and their families.  Unfortunately, these types of incidents have been a reality in the world we live in.  The September 11th bombings are an event we should not and will not ever forget.  The loss of life, the emotional suffering is something unimaginable.

Terrorist Attacks – Impact on Immigration Reform past and present

PAST: The reason I bring these events up in an Immigration blog article is there are some very real lessons from an immigration perspective.  On September 5 2001, just days before the September 11th attack, President George W. Bush and President Vincente Fox of Mexico met at the White House to discuss Comprehensive Immigration Reform.  This was a follow up meeting in which the Bush and Fox Administrations had been meeting for many months.  The result of the meeting was a set of principles in which both President Bush and President Fox agreed upon.… Continue reading...

Posted in Comprehensive Immigration Reform, Current Immigration News, Immigration Lawyer Blog, Immigration Reform, Undocumented Workers | Tagged , , , |

Foreign Entrepreneurs and the Revolving Door


There is a fascinating book that recently came out authored by Professor Vivek Wadhwa and Professor Dan Siciliano entitled “The Immigrant Exodus”, which can be found at this link.  I have not had the opportunity to read this book as it just came out on October 2, 2012 but reviewed the synopsis while researching this article.  In a nutshell, the book looks to argue that the amount of U.S. immigrant-founded start-ups is down, which is the first time in history.  The implications are a brain drain from the U.S. as foreign entrepreneurs take their ideas and capitals outside the U.S. having dire consequences to our economy.  This is something I have been arguing in this blog and to my peers and friends.  As an immigration attorney in Chicago, it is very frustrating to watch.  I have many clients come in to my office, tell me about this great business that they would like to start, where they would like to start it, and how they want to get it going.… Continue reading...

Posted in Current Immigration News, E Visa, EB-5 Investor Green Card, Immigration Lawyer Blog | Tagged , , , |