Sample ICE subpoena (I-138) to employers

On Feb. 22, 2011 Raymond Reza Bolourtchi* writes: "The owner of a local restaurant visited our office seeking our Firm's assistance with an I-138 (DHS Subpoena) along with a rider for delivery of all I-9, quarterly payroll, list of all existing and terminated employees and their SSA, etc.  I called the local DHS-ICE-OI officer in charge of the case and went on a fishing expedition… He informed me that the Subpoena was issued pursuant to Headquarter[s] directives as part of a National "campaign" and indicated that "thousands of these Subpoena[s] have been issued nationwide as of and since Wednesday of last week".  As to my fishing expedition, he confirmed that our client was not the target of any particular investigation but rather part of this "national worksite enforcement program or investigation".   LINK TO SUBPOENA.


* www.cblawUSA.com

AAO on "event" for O-1 purposes

"The regulatory definition of "event" provides only a short list of examples of qualifying activities and specifically states that it is not an exhaustive or definitive list, thus suggesting that officers would have the discretion to determine on a case-by-case basis what constitutes a qualifying "event." The definition includes among the list of qualifying activities the term "engagement" which is commonly defined as "employment, especially for a given period of time," or "a period of employment." ... The director's narrow interpretation of what constitutes a qualifying "event" is untenable as it would essentially prohibit private sector employers from hiring 0-1 scientists, engineers, and business leaders. ... Given that the regulations allow for an initial three-year period of stay, consistent with other employment-based nonimmigrant classifications such as the H-1B and L-1 categories, it is reasonable to believe that the "engagement" included in the regulatory. defmition of "event" may include a three-year offer of employment in the alien's area of extraordinary ability, including the "normal" duties of one's profession."  Appeal sustained.

Matter of X-, WAC 10 018 51674, Oct. 1, 2010.  [Hats off to Jean Ann Enns.]

Exchange Visitor Program teacher extensions for NC, GA, SC and VA

Karen S. Hawkins at DOS writes: "Please find attached letters from Deputy Assistant Secretary Colvin advising that the Department of State will consider an extension of program for up to two additional years beyond the maximum duration of three years for teachers in the public school systems of [North Carolina,] South Carolina, Georgia, and Virginia.   To request an Extension Beyond the Maximum Duration of Participation for teachers completing their third year this summer, you must submit a request in SEVIS and provide the required supporting documentation on behalf of each teacher to be considered. Instructions for submitting a request may be found in the User Manual for Exchange Visitor Program Sponsor Users (RO/ARO) of SEVIS:  Volume II Form DS-2019, section 2.7.1.5. The request and documentation must be received in this office before the teacher’s Program End Date in SEVIS, and no later than July 20, 2010.

Any exchange visitor teacher who has obtained a favorable recommendation for a waiver of the two year home residency requirement from the Department of State is not eligible for consideration.

In submitting a request, you must:

1.    Enter a request in SEVIS for each teacher, and pay the required fee of $246.00 through pay.gov

2.    Forward the exchange visitor’s full name and SEVIS ID number, the pay.gov receipt, and a letter from the appropriate school district official regarding an extension of the existing teaching assignment to the Department at the following address:

Office of Designation, Private Sector Programs Division
U.S. Department of State
ECA/EC/D/PS, SA-5, 5th Floor
2200 C Street, NW
Washington, DC 20522-0505"

************************
Karen S. Hawkins
Division Chief
ECA/EC/D/PS
U.S. Department of State
Tel: (202) 632-2805
Fax: (202) 632-2701
************************
Please visit us at: http://exchanges.state.gov/jexchanges

[Hats off to David Ware for providing this!]

Murthy Law Firm writes to feds about treatment of TVU students

Adam Rosen writes: "We wanted to share the attached letter that went to DHS, ICE and the CIS Ombudsman on February 3, 2011 regarding the Homeland Security Investigation raid on Tri-Valley University and students."

Adam Rosen
Supervising Attorney
Special Projects / NIW Department
Murthy Law Firm : Immigration Matters! (SM)
10451 Mill Run Circle, Owings Mills, MD 21117. USA
Tel : 410.356.5440     Fax : 410.356.5669
WebSite : http://www.murthy.com

Unpub. BIA SSN GMC CIMT cancellation victory

Mariana Collins-Romero send us this gem: "The Immigration Judge erred in holding that the respondent's act of inventing a social security number is a crime involving moral turpitude ... On appeal, the DHS has not directed us to any case law, nor do we find any, where an alien who admitted to using a fictitious social security number to secure private employment was deemed to have committed a crime involving moral turpitude under federal immigration law. ... the respondent has established her statutory eligibility for cancellation of removal. We see no reason to deny relief in the exercise of discretion. Accordingly, we sustain the respondent's appeal."  Matter of X-, Feb. 7, 2011.

Courtesy of Bender's Immigration Bulletin - Daily Edition.

Unpub. BIA remand victory: new evidence

The Board remands a cancellation case due to new medical evidence regarding the mental health of the respondents' 13-year-old USC child.  Matter of X-, Jan. 10, 2011.  Hats off to Joseph A. Dorta, of Weston, Florida.  Courtesy of Bender's Immigration Bulletin - Daily Edition.

Asylum Victory in San Antonio: "pattern or practice" - Honduras - homosexuals

"The evidence presented by the respondent, particularly the State Department Report, is very similar to that cited by the Ninth Circuit in Bromfield. 543 F.3d at 1074, 1077. Therefore, the Court finds that the respondent has shown the existence of systematic or pervasive persecution necessary to meet the pattern or practice standard. It is not disputed that the respondent is a homosexual and would be identified as such if returned to Honduras."

Matter of X-, Dec. 6, 2010, San Antonio IJ Glen McPhaul.

Hats off to Accredited Representative extraordinaire (and Director of the Bernardo Kohler Center) David Walding!

Courtesy of Bender's Immigration Bulletin - Daily Edition.

Two Recent Unpub. BIA Victories

Russell R. Abrutyn writes: "In the first decision, the BIA found that section 101(a)(13)(C) supersedes Matter of Ruis, 18 I&N Dec. 320 (BIA 1982).  In Ruis, an alien who entered without inspection was always inadmissible even if he later left the U.S. and was inspected and admitted.  In our case, the BIA held that an alien who enters without inspection can purge that ground of inadmissibility by leaving and presenting himself for a lawful admission.

In the second decision, the Board applied the Ninth Circuit’s decision in Choin to our case in the Sixth Circuit.  The Board held that a K-1 nonimmigrant who divorced the K-1 petitioner while an adjustment of status application was pending can continue with the application.

In both cases, the Respondents were represented by Marshal Hyman and Russell Abrutyn."

Marshal E. Hyman & Associates
(248) 643-0642, ext. 15
(248) 643-0798 Fax
rabrutyn@marshalhyman.com

Is USCIS Violating The INA?

EB-5 practitioners report that USCIS is issuing RFEs asking for proof of the immigration status of employees beyond normal I-9 requirements, possibly raising anti-discrimination liability issues.  Tammy Fox-Isicoff wrote to DOJ raising her concerns.  Here is their response.

Courtesy of Bender's Immigration Bulletin - Daily Edition.