The Sixth Amendment requires defense counsel to provide immigration adviceBy Matthew KuenningBench and Bar, June 2010In Padilla v. Kentucky, the United States Supreme Court held that when it is “truly clear” a guilty plea will result in deportation, counsel must so advise or the representation is deficient under Strickland v. Washington.
245(i)-Adjustment of Status, a real-life exampleBy Y. Judd AzulayInternational and Immigration Law, March 2010If used properly, INA 245(i) can allow an applicant to remain in the US and process permanent residency.
Meet the Section CouncilInternational and Immigration Law, March 2010Get to know Patrick M. Kinnally and Cristen Meadows, two more members of the International & Immigration Law Section Council.
Meet the Section CouncilInternational and Immigration Law, February 2010The members of the International and Immigration Law Section Council bring to the ISBA and the Council a wide range of expertise and interests. Click to read an introduction to Section Council members Violeta Balan and Juanmanuel Garcia-Sanchez.
Pro bono attorneys neededInternational and Immigration Law, February 2010The National Immigrant Justice Center periodically publishes a list of cases for which pro bono attorneys are needed to represent asylum seekers and other immigrants in need of protection.
Divorce, Deportation, and Disciplinary Complaints: Avoiding Immigration Pitfalls in Family LawBy Macarena Tamayo-CalabreseInternational and Immigration Law, November 2009The ISBA’s International and Immigration Law Section, in conjunction with the Family Law Section and the Section of Human Rights, will be presenting a Continuing Legal Education (CLE) class on March 26, 2010.
Ideas for submissions to The GlobeInternational and Immigration Law, November 2009If any member of the International & Immigration Law Section is interested in writing an article for The Globe, but is having trouble selecting a topic, the ISBA E-Clips provide a source of ideas. Every few days there will be a case mentioned concerning “Aliens” which will mention a federal court decision. Any of these cases can be the basis of a short article or case note for The Globe.
Issues for discussionInternational and Immigration Law, November 2009At a recent Section Council meeting of the International and Immigration Law Section, the members present decided that, from time to time, questions would be posed to all the members of the Section Council. Their responses would then be provided as an item in The Globe. The concept is to broaden the discussion of issues that the international and immigration practitioner is apt to face.
Pro Bono Immigration ReliefInternational and Immigration Law, September 2009The National Immigrant Justice Center has released the following list of pro bono attorneys who provided the assistance to individuals who were granted immigration relief earlier in 2009.
A widow’s penalty: Analyzing the Third Circuit’s decision in Robinson v. NapolitanoBy Mark PhilippInternational and Immigration Law, July 2009According to Immigration and Nationality Act (INA) §201(A)(i), an alien spouse whose citizen spouse dies can only maintain “immediate relative” status if the couple had been married for two years prior to the death.
Court strikes down Illinois law prohibiting employers from using E-VerifyBy Cindy G. BuysInternational and Immigration Law, June 2009In late 2007, Illinois enacted Public Law 95-138 prohibiting Illinois employers from enrolling in the federal government’s Employment Eligibility Verification System or E-Verify until the federal government could certify that the results of the E-Verify system were 99% accurate.
Newsflash—The BIA upholds immigrant-friendly precedent!By Sara E. HerbekInternational and Immigration Law, June 2009The inspiration for this article is derived from an actual case at the AzulaySeiden Law Group. The author had the privilege of working on this case in preparing and filing the second Immigrant Petition and BIA appeal.
Immigration in the context of human rights: A focus on bi-national same sex couplesBy Natalie VeraHuman and Civil Rights, May 2009In today’s society, where there exists a rapidly evolving notion and composition of the family, our immigration laws are antiquated and incapable of securing and protecting the wide variety of family structures that exist in the United States.
Immigration relief available to domestic abuse victimsBy Julie Gerber-SollingerFamily Law, May 2009A look at three main areas of immigration relief available to families plagued by abuse, neglect, and domestic violence—the Special Immigrant Juvenile Status Visa, the U Visa, and protection under the Violence Against Women Act.
Follow-up on H-1B TARPBy Sonya SomAdministrative Law, April 2009On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (“ARRA” or the “the Act”), a massive bill that allocates $789.5 billion in federal funds and tax cuts for a variety of initiatives in an effort to stimulate the economy.
Form I-9: Delay of another Interim RuleBy Maryann BullionInternational and Immigration Law, April 2009All employers, whether they are individuals, corporations, government entities, or a small family business, have an affirmative duty to ensure they are not hiring aliens who are unauthorized to work in the United States.
Former Attorney General overturns 20 years of board precedent in last days of officeBy Shannon M. ShepherdInternational and Immigration Law, April 2009Former attorney General Michael Mukasey issued an order in the Matter of Compean, Bangaly, and J-E-C-, 24 I&N Dec. 710 (A.G. 2009), which purports to overturn Matter of Lozada and its progeny.
You’ve got to play to win: Employers and the H-1B visa lotteryBy Sonya SomAdministrative Law, March 2009Due to the statutory limits placed on issuance of new H-1B visas each fiscal year, businesses that want to take advantage of this option must be prepared to enter the annual H-1B visa lottery.
ICE raids and regulationsBy Eileen Momblanco & Morgan RussellAdministrative Law, December 2008In April 2006, the U.S. Immigration and Customs Enforcement (“ICE”) announced a more aggressive immigration enforcement campaign to hold employers more strictly accountable for employing undocumented workers.
To admonish or not to admonish… That is the questionBy Hon. Bradley T. PaisleyBench and Bar, December 2008There is a split in authority over whether trial courts must admonish defendants regarding immigration consequences that may result from a criminal conviction.
The 7th Circuit considers the Immigration Nursing Relief ActBy Anne M. SkallerupInternational and Immigration Law, August 2008The Court of Appeals in the Seventh Circuit affirmed the district court’s holding that a private complaint is not necessary for the Secretary of Labor to initiate an investigation under the Immigration Nursing Relief Act, and that if foreign nurses are not paid the same wage as domestic registered nurses similarly employed in a facility, then they are entitled to back pay for their entire H-1A visa work period.
Immigration-related raids: Employer rights and lawful responsesBy Kristin LopezLaw Office Management and Economics, Standing Committee on, June 2008The key to minimizing civil penalties and criminal prosecution in connection with immigration raids is knowing how to respond and knowing what rights an employer has. This information is intended to give general guidelines about employer rights when faced with an unannounced immigration raid and is not a substitute for legal advice.
