Posted February 4, 2010

Hola! – ยินดีต้อนรับ – 歓迎 – Ласкаво просимо – Mehmondo’stlik – Bienvenido – Selamat Datang!

 

U.S. immigration is a tricky business.  There’s no substitute for understanding what the law says, where the limits to government discretion lie, and how to maximize your gain through careful leverage of facts.  We have the insight and experience to help you meet your goals.

Find out where you stand.  One hour consultations: $125.  Ten minute phone consultations FREE.  Call 415-858-8616.

 

TO MY PAST AND EXISTING DACA CLIENTS

Posted September 5, 2017

You face no immediate risk of removal.  Loss of employment benefits will depend upon the expiration date of your card.

Call me, we will figure this out together.  No legal fees until we identify a workable solution to your case.  Russ has your back.

 

Clients applying for U.S. citizenship often ask with great concern, how will I pass the civics examination?  For many recent immigrants with less exposure to American society and media, the concern is valid.

The solution, however, can be easy.  U.S. Citizenship and Immigration Services (USCIS), the government agency that processes applications for naturalization and administers the interview and examination, provides a study guide online, found here, that contains the set of all questions that might be asked during the interview, and the answers to those questions.  Download the study materials and see for yourself.

At the naturalization interview, the civics examination comes in the latter half of the interview and is comprised of ten questions.  In order to pass the examination, the applicant must answer six of those ten questions correctly.  A mere 60% correct is a passing score. 

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The United States Supreme Court has granted certiorari (‘cert’) to the Fourth and Ninth Circuit Court cases addressing President Trump’s proposed 90 travel ban for Iran, Libya, Somalia, Sudan, Syria and Yemen. This means that the Supreme Court will hear arguments and issue what is expected to be a major ruling on the president’s executive powers as they apply to controlling U.S. immigration.

The hearings and decision will be made in the Court’s next term, commencing October 1, 2017.

The Supreme Court’s order granting cert ruled in part that the government’s request to ‘stay’ (a legal term meaning ‘suspend until further ruling’) the lower circuit court injunctions is upheld to the extent the travel ban applies to individuals from the six countries who have no bona fide connection to the United States.

“We grant the Government’s applications to stay the injunctions” blocking the implementation of the travel ban “to the extent the injunctions prevent enforcement of Section 2(c)” – referring to the Executive Order provision suspending entry from six countries – “with respect to foreign nationals who lack any bona fide relationship with a person or entity in the United States.”

“Denying entry to such a foreign national does not burden any American party by reason of that party’s relationship with the foreign national. . . So whatever burdens may result from enforcement of Section 2(c) against a foreign national who lacks any connection to this country, they are, at a minimum, a good deal less concrete than the hardships identified by the courts below.”

The Ninth Circuit Court of Appeals has upheld the ruling of a lower federal court that places a Temporary Restraining Order (TRO) on the provisions of President Trump’s controversial Executive Order suspending for 90 days visa travel into the United States from Iran, Iraq, Syria, Yemen, Somalia, Sudan and Libya.  Citizens from these countries who have been issued valid visas may again travel to U.S. ports-of-entry and request admission in their visa category.

Any legal challenge remaining would be taken by the U.S. Department of Justice, by appealing to the U.S. Supreme Court.  It is important to note that the legal (or ‘substantive’) merits of the case — in other words, the legality of the order under the U.S. Constitution — have not been argued or decided.  A ‘TRO’ temporarily stops an act based on likelihood of the challengers eventual legal success. . . in the opinion of the court issuing or upholding the TRO.

In  short, while the visa restriction provisions of the Executive Order have been suspended, it remains to be seen whether it may ultimately succeed or fail on the legal merits.  President Trump may decide to withdraw the order and issue a new Executive Order that is more narrowly designed to withstand legal challenges.

Part of the current Executive Order remains in effect.  The 120 day ban on refugee admissions has not been suspended, however waivers are available in certain cases.

These are serious legal issues with widespread ramifications for U.S. immigration law.  Check back for updates as we monitor the evolving law and politics of President Trump’s sweeping Executive Order.