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BIA Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)

Released on Wed, Jun 29, 2011

Washington, D.C.—The Legal Action Center of the American Immigration Council applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision, Matter of Le. The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The Board concluded that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, it rejected the Department of Homeland Security’s position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated.

The Board’s decision is consistent with the position that the American Immigration Council and the American Immigration Lawyers Association advocated in amicus briefs submitted to the Board in approximately a half dozen other cases where the child turned 21 after being admitted to the United States. The noncitizens in these and the many other cases before both Immigration Judges and U.S. Citizenship and Immigration Services offices throughout the country now will be able to become lawful permanent residents as Congress intended.

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American Immigration Council and Partners Sue U.S. Immigration Agencies Over Asylum “Clock”

Released on Tue, Dec 20, 2011

Washington, D.C.—Last week, the American Immigration Council’s Legal Action Center (LAC) filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) in federal court in Seattle. The lawsuit alleges widespread problems with the asylum “clock”—the system that the government uses to determine when immigrants with pending asylum applications become eligible to obtain work authorization in the United States. The class certification motion describes the nationwide impact of these policies.

The complaint, co-filed with the Northwest Immigrants Rights Project, Gibbs Houston Pauw, and the Massachusetts Law Reform Institute, was submitted on behalf of untold numbers of asylum applicants wrongfully denied work authorization due to unlawful agency policies and practices. The named plaintiffs include asylum seekers who have pursued their cases for years without work authorization—including a man from China who initially filed his asylum application in 2003.Read more...

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Immigrants are vital to recovery

Published on Sun, Aug 16, 2009

As Pennsylvania grapples with a budget deficit brought on by the current recession, state and local policy makers would do well to keep in mind that immigrant communities are a potent force for economic recovery.

Published in the Philadelphia Inquirer

Updated Practice Advisory on Deferred Action for Childhood Arrivals

Released on Thu, Oct 25, 2012

Updated Practice Advisory on Deferred Action for Childhood Arrivals

Washington, D.C. — The Legal Action Center (LAC) is pleased to release an updated Practice Advisory, Deferred Action for Childhood Arrivals. This Practice Advisory incorporates recent DHS guidance regarding fraudulent Social Security numbers, required evidence, and travel considerations for individuals who are requesting Deferred Action for Childhood Arrivals (DACA).  It also offers strategic advice for attorneys representing individuals who may qualify for DACA.  The LAC issued this advisory jointly with the American Immigration Lawyers Association and the National Immigration Project of the National Lawyers Guild.

For additional resources related to DACA, visit the Immigration Policy Center’s website

For a complete list of all LAC Practice Advisories, please visit the LAC’s website.

###Read more...

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Poll: Mexicans More Likely to Come to U.S. if Granted Amnesty

Published on Wed, Oct 14, 2009

The polling wars on immigration reform have officially begun. Today, the Center for Immigration Studies, which aims to restrict immigration to the United States and deport those who are here illegally, sent around the findings of a recent Zogby poll which finds that — surprise! — a majority of Mexicans say they think their friends and family would be more likely to come to the United States if the U.S. granted them permanent legal status. Never mind that no U.S. lawmaker is actually proposing to do that.

Published in the The Washington Independent

American Immigration Council Applauds DOMA Decision

Released on Wed, Jun 26, 2013

 For Immediate ReleaseAmerican Immigration Council Applauds DOMA Decision June 26, 2013 Washington D.C. - Today, the Supreme Court unequivocally affirmed that there is no legitimate reason for the federal government to discriminate against married couples on account of their sexual orientation.  The Justices struck down section 3 of the Defense of Marriage Act (DOMA), which defines marriage as between a man and a woman, noting in their decision, “DOMA’s principal effect is to identify a subset of state-sanctioned marriages and make them unequal.” Today’s historic decision means that our immigration system must stop treating gay and lesbian families differently than other families.   For far too long, gay and lesbian U.S. citizens and lawful permanent residents have been barred from obtaining immigration status for their noncitizen spouses.  As a result, families have been separated and spouses of U.S. citizens and permanent residents have been deported from the United States.  President Obama issued an immediate directive to the Attorney General to “work with other members of my Cabinet to review all relevant federal statutes to ensure this decision, including its implications for Federal benefits and obligations, is implemented swiftly and smoothly.” The Secretary of Homeland Security, Janet Napolitano also issued a statement to press confirming that DHS is “working with our federal partners, including the Department of Justice, [to] implement today's decision so that all married couples will be treated equally and fairly in the administration of our immigration laws."“Far too often, exceptions have been carved out to exclude immigrants from basic rights and protections. We are pleased that the Administration has made it clear it intends for this important decision to apply fully to the immigration system” said Benjamin Johnson, Executive Director of the American Immigration Council. Read more...

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Immigrant legalization viewed as a boon

Published on Fri, Jan 08, 2010

Legalizing the status of the roughly 12 million unauthorized immigrants living in this country would create jobs, increase wages and boost the sagging U.S. economy, an academic study released Thursday says.

Published in the San Antonio Express

District Court Rules Grant of TPS Is an Admission for Adjustment of Status Purposes

Released on Thu, Jun 05, 2014

Washington, D.C.The American Immigration Council welcomes last week’s ruling by the United States District Court for the Western District of Washington, which held that a noncitizen’s grant of Temporary Protected Status (TPS) qualifies as “inspection and admission” into the United States. Under the Immigration and Nationality Act, inspection and admission are eligibility requirements for lawful permanent residence (LPR). Jesus Ramirez, the plaintiff in Ramirez v Dougherty, was granted TPS in 2001 following the devastating earthquake in El Salvador, his home country, and has renewed this status ever since. He now seeks to become an LPR on the basis of his marriage to a United States citizen. The American Immigration Council and the Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief in the case, and subsequently NWIRP became counsel for the plaintiff.Read more...

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Stanislaus County inmates all get immigration check

Published on Mon, Mar 08, 2010

Each time someone is booked at Stanislaus County jail facilities, the inmate's fingerprints are sent electronically to the FBI's criminal database to check the person's criminal history.

New technology will now simultaneously send those fingerprints to immigration officials trying to identify dangerous criminals who entered the country illegally.

The technology is part of a federal initiative called Secure Communities, which checks the immigration status of anyone booked at jails across the country.

 

Published in the The Modesto Bee

Immigrant groups try to steal thunder from tea party

Published on Fri, Apr 16, 2010

Immigrant-rights groups sought to tap some of the "tea party" thunder Thursday by using the anti-tax-and-spending movement's nationwide protests to argue illegal immigrants must be legalized because they are eager to pay their full taxes.

But tea partiers, rallying on the day federal income-tax returns were due, didn't buy it.

The collision between two of the big political movements in America is expected to escalate heading in to this year's midterm elections as both push the political parties from different directions.

Published in the Washington Times