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Is President Trump erasing all Immigration Laws from the Books?

Answer:  U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country even if they are unemployed. Each year the United States also admits noncitizens on a temporary basis. Annually, Congress and the President determine a separate number for refugee admissions.

Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed.

One President cannot simply ‘erase’ all the laws regarding immigration to create fear and to try to make political points. One such way to come into the U.S. is based on Family Immigration. Family unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.

What if I have money to invest in my own business, but not from a ‘Treaty Country’ to get the E-2? Not from a Treaty Country? Try the L-1 and then the Multinational Visa Petition.

Question: I wanted to start my own business in the U.S. and in fact have sufficient money. However, I was told that I am not able to do so because I am not a citizen of a ‘treaty country’. Is there anything else I can do?

Answer: Yes, you can try the L-1A which actually requires considerably less money. You will have to either have your own company, or start a company in your home country.

Question: What is the L-1A?

Answer: The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The L-1A intra-company transferee classification applies to qualified executives and managers within multinational companies. These individuals can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company.

Question: What if I am not a manger? Is there another type of L-1?

Answer: Yes.  The L1B intracompany transferee classification applies to qualified specialized knowledge employees. Such individuals may be transferred from their foreign employer to work for up to five years in the U.S. for an appropriately affiliated U.S. company.

Question: What is the difference between the L-1A and the H-1?

Answer: Many employers in the United States routinely need temporary workers that are highly skilled. Therefore, there are various temporary work visas such as H1B and L1 (L1A and L1B) that allow the employers to hire foreign foreign workers.

Question: Can somebody on the L-1 apply later for the Green Card?

DHS Announces Termination of TPS for Haitians

DHS Acting Secretary Elaine Duke announced her decision to terminate Temporary Protected Status (TPS) for Haiti with a delayed effective date of 18 months before the designation terminates on July 22, 2019.

Court Permanently Enjoins Restriction on Receipt of Federal Grant Money by Sanctuary Jurisdictions

In County of Santa Clara v. Trump, the U.S. District Court for the Northern District of California issued a nationwide permanent injunction against §9(a) of Executive Order 13768, which blocks so-called “sanctuary jurisdictions” from receiving federal grant money. District Judge William H. Orrick found the plaintiffs demonstrated that the executive order has caused and will cause them constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights.

Organizations Request Investigation of Georgia Immigration Detention Centers

On November 21, 2017,  a group of 70 immigrant rights, human rights, and civil rights organizations in sending a letter to the Georgia congressional delegation requesting an investigation of the conditions at the Stewart and Irwin County immigration detention centers in Georgia. The letter raises concerns related to due process issues, inhumane treatment and living conditions, and involuntary labor, and asks Georgia’s senators and members of Congress to investigate the conditions at Stewart and Irwin detention centers and take appropriate measures.

Ruling on Bail and ICE

Tenth Circuit in United States v. Ailon-Ailon. The court held that a federal district court judge could not deny bail to the defendant, who was facing prosecution for illegal reentry and who was also the subject of an ICE detainer, solely due to the risk that ICE would remove him before his criminal trial, finding that in the context of the Bail Reform Act, the risk that a defendant will flee does not include the risk that ICE will involuntarily remove the defendant

Court Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan

The Sixth Circuit granted the petition for review of the BIA’s denial of relief under the Convention Against Torture (CAT), holding that given the likelihood that the petitioner would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan.

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