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The BIA addressed convictions for solicitating a prostitute in Matter of GONZALEZ-ZOQUIAPAN , 24 I&N Dec. 549 (BIA 2008) and found that: A single act of soliciting prostitution on one’s own behalf does not fall within section 212(a)(2)(D)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(2)(D)(ii) (2006), which provides for the inadmissibility of an alien who “procured . . . prostitutes […]

H-1B Cap Count (for Fiscal Year 2011) as of September 3, 2010 Cap Type Cap Amount Cap Eligible Petitions Petition Target Date of Last Count H-1B Regular Cap 65,000 36,600 9/3/2010 H-1B Master’s Exemption 20,000 13,400 9/3/2010 Ricky Malik, Esq. greencard@mail.com

On August 13, 2010, President Obama signed into law Public Law 111-230 which contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. The H-1B fee increase applies to companies who employ 50 or more employees in the U.S., and if more than 50% of those employees are in H-1B or […]

Arrested yesterday on charges of knowingly employing and harboring illegal aliens.  It sounds like he employed undocumented immigrants, yet that definition may include harboring. ‘”ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal alien workforce,” said John P. Torres, special agent in charge of the ICE Office of Homeland Security Investigations (HSI) in Washington, D.C. “No […]

The Board of Immigration Appeals in Matter of Fidel Antonio SANCHEZ-CORNEJO, 25 I&N Dec. 273 (BIA 2010) held that “The offense of delivery of a simulated controlled substance in violation of Texas law is not an aggravated felony, as defined by section 101(a)(43)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(B) (2006), but it is a violation of a law relating […]

In Matter of CASILLAS-TOPETE, 25 I&N Dec. 317 (BIA 2010) the Board of Immigration appeals held that ” An alien is removable under section 237(a)(1)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(A) (2006), as one who was inadmissible at the time of entry or adjustment of status pursuant to section 212(a)(2)(C) of the Act, 8 U.S.C. § […]

Visa Bulletin for October 2010. CLICK HERE. Ricky Malik, Esq. greencard@mail.com

A memo circulated entitled Administrative Alternatives to Comprehensive Immigration Reform.  It is not yet official and it is unclear how it was leaked but it is indicative of the direction of some within ICE/USCIS.  This memo along with the recent John Morton memo brings some hope that ICE and USCIS will consider taking fair and just action.  However, there seems to […]

In a really bad move, Virginia Governor Bob McDonnel announced that foreign nationals with legal work permits, that is people with legal status in the United States, can no longer obtain a VA driver’s license with their work permits alone.  This makes it nearly impossible for countless thousands to obtain driver’s licenses. The VA DMV now wants an I-797 (receipt […]

The John Morton Memo of August 20, 2010 on terminating removal proceedings for aliens with pending or approved applications or petitions. A welcome directive from ICE Assistant Secretary John Morton. Ricky Malik, Esq.