William Flynn Talks to News Radio 970 WFLA on the Status of Immigration Reform

On July 17, Buchanan Ingersoll & Rooney Shareholder William Flynn talked to News Radio 970 WFLA about the influx of Central American children on our Southern border and the impact of this increase on governmental services. Flynn also provides an update on the current status of immigration reform.

Listen to Flynn’s full interview here.  

Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers

The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s License. The list of acceptable documents was recently revised to include individuals who are the beneficiaries of approved I-601A, provisional unlawful presence waiver applications. Read More >

Immigration Court Backlog Reaches All-Time High Due to Influx of Juvenile Immigrants

According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June 2014, the number of cases awaiting resolution before the Immigration Courts has reached 375,503 – an all-time high and an increase of more than 50,000 since the start of fiscal year 2013.  Read More >

Deficient Approval Notices Issued

The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval notices has been resolved. The error occurred at the California Service Center (“CSC”) and the Vermont Service Center (“VSC”). Due to a printing error, defective extension and change of status approval notices (Form I-797) were issued that did not contain an I-94 card attached at the bottom of the document. Read More >

EOIR Seeks to Designate Temporary Immigration Judges

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country.    Read More >

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary Protected Status (TPS). In the case, two sisters from El Salvador sought TPS based, in part, on the physical presence of their mother. One of the requirements for TPS is that the foreign national demonstrate continuous physical presence in the US since the most recent designation date for the individual’s home country. In Duarte-Luna, the mother was physically present on the designation date, but the minor children did not arrive in the U.S. until two years later. In some cases, such as those involving abandonment of permanent residence, a parent’s residence can be imputed to minor children. However, the BIA held that physical presence could not be imputed for TPS purposes, as there was a distinction between matters involving “state of mind,” such as one’s residence or domicile, and objective facts, such as physical presence.   

USCIS Issues Guidance on “Extraordinary Circumstances” Under CSPA

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on evaluating claims of “extraordinary circumstances” for late filings when the applicant must have sought to acquire lawful permanent residence within one year of visa availability pursuant to the Child Status Protect Act (CSPA).   Read More >

Proponents Refuse to Give Up on Immigration Reform

The push toward immigration reform over the past year has been a long and disappointing haul. What started as an optimistic “Gang of Eight” garnering bipartisan support has become an all-out bipartisan battle. At a press conference last week, Illinois Democrat Representative Luis Gutierrez accused Republicans of “insulting Hispanics” and refusing to vote on immigration reform in the House. Gutierrez called on the President Obama to pick up the slack.    Read More >

New Mexico Supreme Court Applies Padilla Retroactively to 1990

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, 559 U.S. 356 (2010), held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of reasonable professional assistance guaranteed by the Sixth Amendment.  Since then, certain defendants who pled to criminal offenses that resulted in adverse immigration consequences have been able to challenge their pleas based on the holding in Padilla.  On February 20, 2013, in Chaidez v. United States, 133 S. Ct. 1103 (2013), the U.S. Supreme Court declined to apply Padilla retroactively, leaving it up to individual states to find independent state law grounds upon which to hold Padilla retroactive.  Read More >

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered erroneously. The new feature will allow E-Verify users to correct duplicate cases early on in the E-Verify process.

E-Verify is an internet-based system that allows employers to verify a new hire’s work authorization by checking the employee’s information against Department of Homeland Security (“DHS”) and Social Security Administration (“SSA”) databases. At the Federal level, participation in E-Verify is mandatory for federal government agencies and a few others, including businesses having contracts with federal agencies. Some states have also enacted laws mandating the use of E-Verify.  For the rest of U.S. employers E-Verify is voluntary.  

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