Current News

 

Post-Conviction Relief

January 23rd, 2012 Written by: 

Clients who have been abandoned by their attorneys may still be eligible for post-conviction relief even if they did not always meet the court’s deadlines. The Supreme Court ruled on January 19th, 2012 that it matters when an attorney abandons their client.

This is good news for prisoners pursuing postconviction relief. Preciously the Supreme Court held that a criminal defendant has no right to counsel when filing a federal post-conviction motion, but the prisoner is still expected to meet strict deadlines. Now

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Businessweek Report on EB-5

January 16th, 2012 Written by: 

Susan Berfield of Businessweek recently reported on the Mamtek EB-5 project. As detailed in our earlier post, the Mamtek project was one that unfortunately never came to fruition. There were plans to build a large scale factory to produce a sugar substitute, known as Sweet-O. At first it was just delays, but then the plan eventually unraveled as people looked deeper and realized that the head of the company had no idea how to create a large scale manufacturing

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City of Oakland looking into EB-5 program to finance new ballpark for Oakland A’s

January 9th, 2012 Written by: 

City of Oakland Mayor Jean Quan has been wooing Chinese investors to put their money behind the Victory Court ballpark for the Oakland A’s MLB team. The ballpark investment would also include a Coliseum City project, which includes hotels, a convention center, shops and new facilities for the Raiders and Warriors, as well as a ballpark alternative.

The California Supreme Court recently cleared the way for state lawmakers to seize redevelopment money. As a result, the City of Oakland is looking for

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Large Jumps in EB-2 Priority Dates

January 8th, 2012 Written by: 

The priority dates in the employment based 2nd preference category, also known as EB-2, moved up an entire year for China and India. Beginning on February 1st, 2012 USCIS will now accept I-485 applications for individuals in the EB-2 category from China or India with a priority date of 1/1/2010 or earlier. The January 2012 Visa Bulletin indicates that this month USCIS is working on applications filed on 1/1/2009 or earlier, which had a 9 month

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New State Immigration Laws Take Effect

January 3rd, 2012 Written by: 

Many states passed immigration laws this past year including California, Alabama, Georgia, Louisiana, Tennessee, and South Carolina.

The California DREAM ACT does not go into effect until 2013, when it will help an estimated 2500 undocumented college students qualify for waivers, Cal Grants and other aid.

The controversial Alabama immigration law imposed various measures. The one that recently took effect is that beginning January 1st any employer that does business with a government agency

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Entrepreneurs Require Media Attention for H-1B Approval

December 20th, 2011 Written by: 

On August 2nd, 2011 Secretary Napolitano and USCIS Director Mayorkas made a dramatic announcement that entrepreneurs and investors could take advantage of the existing immigration system to obtain a visa and/or green card. One aspect of this memo indicated that adjudicators would view “self-petitions” by entrepreneurs for an H-1b visa more favorably.

The classic scenario is when an entrepreneur wants to start a business and sponsor him/herself for an H-1B visa. Technically it is the corporate entity,

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Senator Grassley Kills H.R. 3012

December 16th, 2011 Written by: 

Rep. Chafetz’ bill (H.R. 3012) which would phase out the per-country limit for employment-based immigrants and increase the limit for family-based passed the House. It was put into the “hotline” process in the Senate, which means that the bill can be halted if any member objects. And, not surprisingly Senator Grassley put a hold on it.

To release his hold Grassley wants dramatic changes including: reducing the employment based per-country limit to 15%

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Immigration in Perspective: Sheriff Joe Arpaio

December 16th, 2011 Written by: 

Sheriff Joe Arpaio has been found to have improperly used public funds, lost multiple law suits for violating individuals civil rights, and used his office to maliciously prosecute political opponents.  These are not things he is accused of doing, they are cases which he lost.  He parades inmates through the streets in pink underwear.  These are individuals who’ve never been convicted of a crime, but are awaiting trial.  He serves moldy, rotten food to people while using funds dedicated to

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New Poll Shows Republican Voters Also Support Immigration Reform

December 13th, 2011 Written by: 

The Partnership for a New American Economy conducted a recent poll of Iowa Republicans. The results overwhelmingly indicated that they were in favor of immigration reform. In particular they were open to the following reforms:

• 72% believe foreign-born students that received a University education in the U.S. should be allowed to enter the workforce after graduation.
• 64% want to streamline the process for employers to hire needed employees when Americans are not filling vacant jobs
• 66% want more

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U.S. Secretary of State Hillary Clinton has ordered an extensive and thorough review of J-1 visa program

December 9th, 2011 Written by: 

The J-1 visa program, which allows foreigners to come to the U.S. on an exchange program, is going to undergo an “extensive and thorough review” by the U.S. Government. The latest round of criticism against the program stems from evidence that the mafia has been using the program to import women to work in the sex industry in the U.S; this according to a federal indictment unsealed last week.

The J-1 visa program was created in 1963 to allow college

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