Publications

Section Newsletter Articles on Immigration Law

New STEM OPT extension rules to extend the program have been proposed By Tejas Shah, Songhee Sohn, and Peter Land International and Immigration Law, December 2015 The proposed rules preview changes to the practical training guidelines for foreign students who are currently studying or have completed studies in the academic areas of science, technology, engineering and mathematics in the U.S. and elect to work to enhance their knowledge in a STEM field.
Sometimes employer may lawfully ask for additional documents after internal I-9 audit By Michael R. Lied International and Immigration Law, December 2015 How to advise a client following an internal audit of the client’s Forms I-9.
Undocumented, documented, or citizen? By Sofia Zneimer International and Immigration Law, December 2015 This article maintains that the status of a non-citizen in the United States is not relevant and argues that such determination requires factual, statutory, regulatory, and case analysis, and requires expert opinion.
Conditional residency in immigration family law cases: Who has the burden of proof? By Patrick M. Kinnally International and Immigration Law, November 2015 The court’s opinion in Gerardo Hernandez Lara v. Loretta E. Lynch explains precisely how USCIS, the immigration judge and BIA failed to understand the fundamental concepts of what constitutes a preponderance of the evidence and who has the burden of proof in a conditional residency waiver case.
Immigration status needs expert testimony if relevant By Sofia Zneimer International and Immigration Law, November 2015 A fictionalized account that illustrates that immigration law is simply too complex to permit either party to discuss immigration status without expert testimony.
Illinois appellate court takes position on special immigrant juvenile petition By Shannon M. Shepherd Human Rights, October 2015 In Estate of Nina L., the Illinois Appellate Court vacated the trial court’s refusal to make certain findings, which would allow a minor child to petition for immigration benefits as a Special Immigrant Juvenile.
Recent cases International and Immigration Law, September 2015 Recent cases of interest to international & immigration law practitioners.
Recent H-2B program changes require careful planning by employers By Tejas Shah International and Immigration Law, September 2015 Given the flux and uncertainty within the H-2B program and the impact of the new IFR on recruitment timelines, employers with temporary worker needs during 2015 and the first half of 2016 are well-advised to begin planning now.
Recent H-2B program changes require careful planning by employers By Tejas Shah Corporate Law Departments, September 2015 Given the flux and uncertainty within the H-2B program and the impact of the new IFR on recruitment timelines, employers with temporary worker needs during 2015 and the first half of 2016 are well-advised to begin planning now.
Immigration reform and diversifying your workforce By Edward N. Druck and Tejas Shah Diversity Leadership Council, June 2015 Recent executive actions enacted by the President and the Department of Homeland Security are estimated to collectively provide work authorization to 4 million undocumented individuals across the U.S., and impact hundreds of thousands of individuals in the state of Illinois alone.
DHS extends eligibility for work authorization to the spouses of certain H-1B status holders By Tejas Shah International and Immigration Law, April 2015 It is estimated that the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years.
Practice tips By Lynne R. Ostfeld International and Immigration Law, April 2015 The latest in this regular feature from Chair Lynne Ostfeld.
Seminar regarding new Supreme Court policy on foreign language interpreters International and Immigration Law, March 2015 If you were unable to attend or tune-in on February 19, 2015, the program will be available on demand on Fast CLE at the ISBA Web site within four to six weeks of the recording date.
Illinois international business calendar International and Immigration Law, December 2014 Upcoming events of interest to international and immigration law practitioners.
Making conditional residency unconditional for immigrant clients By Patrick M. Kinnally International and Immigration Law, October 2014 The issue of the validity of a marriage in the immigration arena rests on a single concept: At the time of the marriage, did the participants intend to share a life together? But in today's world, with prenuptial agreements and spouses who may work and live in different locations, providing proof of that intent may prove a challenge.
Practice tips By Lynne R. Ostfeld and Tejas Shah International and Immigration Law, October 2014 Make sure you're aware of these useful pointers!
Save the Date—Immigration legislation & caselaw update webinar International and Immigration Law, October 2014 Stay current with changes in immigration law by watching a one-hour webinar on November 5, 2014.
Asylum status and rules: A recurring dialectic By Patrick M. Kinnally International and Immigration Law, September 2014 The issue now on the forefront of immigration asylum law is whether an asylum applicant who has obtained asylum may have that status terminated because the original grant of asylum was procured by fraud.
Recent cases International and Immigration Law, September 2014 Recent decisions of interest to international and immigration law practitioners.
Class action lawsuits should cause Illinois immigration practitioners to re-think advice to clients detained under the Immigration and Nationality Act’s “mandatory detention” provision By Shannon M. Shepherd Human Rights, June 2014 The Immigration and Nationality Act requires detention of non-citizens charged with removability who have committed certain crimes. But due to the prolonged nature of immigration court cases, this can sometimes lead to lengthy detention of non-citizens even after they have served their sentences for the crime committed—raising serious human rights and constitutional questions.
Prosecutorial discretion and administrative closure in immigration law: A new adjudicatory rule By Patrick M. Kinnally International and Immigration Law, June 2014 At first blush, it may seem curious that the concept of prosecutorial discretion has any pertinence to immigration cases. As we know, prosecutors have unmitigated powers in charging individuals with crimes, opting not to bring a charge at all, or making recommendations concerning plea bargains, sentencing, or conferring immunity to the accused, as well as witnesses.
Recent cases International and Immigration Law, June 2014 Recent cases of interest to international and immigration law practitioners.
Driver’s licenses for undocumented immigrants: From enactment to enforcement, hurdles remain By Juanita B. Rodríguez Bench and Bar, April 2014 Nearly six months after the new law authorizing temporary driver's licenses for undocumented immigrants became effective, it is time to consider whether law enforcement agencies, specifically those dealing with traffic enforcement, have modified their practices.
Recent cases International and Immigration Law, March 2014 Cases of interest to international & immigration law practitioners.
The benefits and drawbacks of a grant of withholding of removal By Kristin Michel International and Immigration Law, January 2014 It is important to determine whether a client in removal proceedings who has a fear of being removed to her home country is eligible for asylum rather than simply withholding of removal.
Immigrants’ due process rights in immigration court hearings By Helen Harnett International and Immigration Law, January 2014 On February 13, 2013, the Seventh Circuit Court of Appeals decided the case of Smykiene v. Holder, which involved motions to reopen removal orders issued in absentia.
Kane County Bar Association initiates new Immigration Law Committee By Elizabeth McGuan International and Immigration Law, January 2014 Learn more about the new committee and what they hope to discuss at upcoming meetings.
Recent cases International and Immigration Law, January 2014 Recent cases of interest to international & immigration law practitioners.
The United States Bankruptcy Code does not discriminate against non-citizens By Maura K. McKeever International and Immigration Law, December 2013 Unfortunately, non-citizens who are faced with overwhelming debt are often reluctant to file for bankruptcy for fear that the bankruptcy petition will negatively impact their immigration status or application for citizenship. Ordinarily, however, filing for bankruptcy does not impact an individual’s immigration status or application for citizenship
An update on Comprehensive Immigration Reform (CIR) and its impact on employers By Tejas Shah International and Immigration Law, December 2013 The author shares his presentation from the Section's recent CLE program, "Immigration, Legislation and Case Law Update."