The Houston Business Journal reported Wednesday that large numbers of expatriates are returning to Houston due to growth in the energy sector. With many of these expats come spouses and stepchildren who will need to apply for lawful immigration status in the United States. An experienced immigration attorney can assist with these processes.
The Huffington Post is reporting on a a veteran whose citizenship suddenly came into question almost 50 years after he arrived in the U.S. as a child. The story indicates that U.S Citizenship and Immigration Services (USCIS) is reviewing his case. The Immigration and Nationality Act (INA) provides for veterans to apply for expedited naturalization in some circumstances, and if this individual's parents naturalized when he was under the age of 18 he may have derived citizenship from them.
USCIS issued a memo offering its officers interim guidance on how to handle petitions which are filed with a request to use an older priority date from a previous petition. In the past two years, the 5th Circuit Court of Appeals issued its decision in Khalid v. Holder and the 9th Circuit Court issued a precedential decision in Cuellar de Osorio v. Holder. These decisions both indicated that children who turned 21 (and thus "Aged Out") before they could become permanent residents with their parents may use the priority dates from their parents' petitions in new petitions filed by their parents to try to obtain permanent residence for these adult sons and daughters. The Cuellar de Osorio case is now before the U.S. Supreme Court and a decision has not yet been made in the case.
On November 19, 2013, USCIS issued a new memo regarding the Visa Waiver Program (VWP) and VWP entrants who seek to apply for Adjustment of Status to Lawful Permanent Resident. The memo is available here.
On Wednesday, October 23 Kelly King, Chairman and CEO of BB&T, the 8th largest bank in the United States, visited Houston to address a group of BB&T employees, affiliates and clients. When asked by Attorney Karam if he supported immigration reform, Mr. King said: "Yes, I am a supporter of immigration reform. I am not in favor of people coming here illegally and not working and not paying taxes and living on our system. But for hardworking people who want to come here through proper procedures which ought to be made simple and straightforward, and they want to be qualified to be American citizens, and they want to work hard and pay taxes, the more the better. And anybody that understands anything about practical country development, organizational development - I guarantee you that is the answer. So all of these ideological people who just go crazy - "we can't let these people in" and all this stuff- I just do not get it. It's not the basis on which our country was formed. It's not rational in terms of the economic future that we have. So I am adamantly for it and I tell everybody see that, and I'll do whatever I can to spread the word."
In Patel v. USCIS, the Sixth Circuit Court of Appeals held that the Beneficiary of an I-140 (Employment-Based) visa petition had standing to sue under the Administrative Procedures Act. This decision is particularly interesting because the Petitioning Employer who filed the I-140 petition failed to obtain a labor certification for the Beneficiary before filing the I-140, which is a requirement for filing the I-140. Instead, the Petitioner included a Labor Certification obtained by a different employer for the Beneficiary several years ago with the I-140 petition. The Court appears to believe that the I-140 was approvable as filed and that USCIS was arbitrary and capricious in denying the I-140. It will be interesting to see what happens in this case!
Under section 212(a)(6)(C)(2) of the Immigration & Nationality Act, a false claim to United States citizenship renders a person inadmissible to the United States. The provision is particularly harsh as there is a waiver only for people whose natural or adopted parents were citizens and who permanently resided in the United States before the age of 16 and reasonably believed they were citizens.