Publications

Section Newsletter Articles on Immigration Law

The New U-Visa Regulations directly undermines Congressional intent to foster a better relationship between justice system and immigrant crime victims By Stavri Vako International and Immigration Law, July 2011 Each time a law enforcement agency refuses to sign a U-Visa certification, perpetrators of crimes against immigrants are not prosecuted. Immigrant victims who are willing to aid law enforcements in their investigations are blocked in their efforts by the lack of certification from obtaining relief under the Violence Against Women Act. Such result is not what Congress intended when it created the U-Visa Program.
Recent cases International and Immigration Law, July 2011 Recent cases affecting international & immigration law practitioners.
Thank you to our authors International and Immigration Law, July 2011 A list of the authors who contributed to The Globe last year.
Crimes involving moral turpitude: Do attempts count? By Mark E. Wojcik International and Immigration Law, June 2011 Section 237(a)(2)(A)(ii) of the Immigration and Nationality Act covers convictions for crimes involving moral turpitude but it does not expressly include attempt offenses.
Revisiting asylum standards in regards to opposition to drug cartels By Justin H. Lines International and Immigration Law, June 2011 This article suggests some changes to the Immigration and Naturalization Act (INA) whereby an officer facing persecution from drug cartels may be granted asylum.
H-1B cap alert, a call for more H-1B visas, and H-1B cap gap planning for fiscal year 2012 By Scott D. Pollock International and Immigration Law, May 2011 The author argues that Congress should eliminate the H-1B cap.
Illegal aliens and the balancing of immigration reform with the “in terrorem” effect By Glenn R. Gaffney Labor and Employment Law, May 2011 A look at some of the “undocumented worker” issues raised in state and federal courts, as well as the “in terrorem” effect of a defendant’s inquiry into an illegal alien’s status.
Recent immigration cases in the 7th Circuit and Illinois Supreme Court By Scott D. Pollock and Christina J. Murdoch International and Immigration Law, May 2011 Summaries of recent immigration law cases.
What intent must the government prove to convict someone of marriage fraud? By Mark E. Wojcik International and Immigration Law, May 2011 The federal circuit courts are split on what the government must prove in order to convict someone of marriage fraud.
Fei Mei Cheng v. Attorney General of the United States, 2010 WL 3896198 (C.A.3) By Lisa A. Foran International and Immigration Law, April 2011 This case will help other circuits refine their definition of “other resistance” in the INA as human rights issues come to the forefront of American/Chinese relations.
Program on Dual Nationals International and Immigration Law, April 2011 Check out the April 20th program that will feature a panel of three attorneys to discuss, “Dual Nationals and Deemed Exports: Legal Perspectives on Compliance, Immigration and HR Issues.”
ISBA E-clips International and Immigration Law, December 2010 A list of recent cases affecting international & immigration law attorneys.
Meet the Section Council International and Immigration Law, December 2010 Get to know International & Immigration Law Section Council members Juliet Boyd and Lynne Ostfeld.
USCIS changes filing requirements for immigrant foreign religious workers By Michael R. Lied International and Immigration Law, December 2010 Up to 5,000 special immigrant visas may be granted to religious workers each year. This visa is available for (1) ministers, (2) religious workers in a professional capacity in a religious vocation or occupation and (3) religious workers in a religious vocation or occupation as defined in the statute.
ISBA E-clips International and Immigration Law, October 2010 Recent cases, culled from ISBA's E-clips service, relating to international & immigration law.
The nuts and bolts of admission and adjustment of status under the Immigration and Nationality Act By Patrick M. Kinnally International and Immigration Law, October 2010 After entering the U.S., many immigrants end up in one of our 50 states, settle in, perhaps wed, or otherwise come to you and seek an adjustment of their status. Can you help them? Perhaps.
ISBA E-clips International and Immigration Law, August 2010 The ISBA's E-clips often references a case from the 7th Circuit U.S. District Court concerning immigration or Visa issues. If you're not signed up for E-clips already, you're missing out on important legal updates!
Flores-Villar v. United States By Anne M. Skallerup International and Immigration Law, July 2010 An unwed father could pass citizenship to his child only if he resided in the U.S. for at least five years after his 14th birthday while an unwed citizen mother needed to show only a continuous period of one year of residing in the U.S. prior to the birth of the child... is this a violation of the Equal Protection Clause of the Fifth Amendment? The U.S. Supreme Court will soon decide.
Local enforcement of immigration laws By Tonya Joy Reedy International and Immigration Law, July 2010 Section 287(g) of the Immigration and Nationality Act (INA) allows the U.S. Immigration and Customs Enforcement to grant its authority, under certain conditions, to local law enforcement agencies. This article discusses the varying issues related to the Section and its ramifications for Illinois communities.
Meet the Section Council International and Immigration Law, July 2010 Get to know Council members Gwendolyn Thomas and Scott D. Pollock.
Supreme Court overrules Seventh Circuit on judicial reviewability of BIA denials of motions to reopen: Kucana v. Holder, 130 S. Ct. 827 (U.S. 2010) By Susan M. Burns International and Immigration Law, July 2010 Though perhaps too early to be deemed a “trend,” two recent cases reveal a welcome effort by the Seventh Circuit to strengthen legal remedies for immigrants.
The Sixth Amendment requires defense counsel to provide immigration advice By Matthew Kuenning Bench and Bar, June 2010 In 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 example By Y. Judd Azulay International and Immigration Law, March 2010 If used properly, INA 245(i) can allow an applicant to remain in the US and process permanent residency.
Meet the Section Council International and Immigration Law, March 2010 Get to know Patrick M. Kinnally and Cristen Meadows, two more members of the International & Immigration Law Section Council.
People of the State of Illinois v. Delvillar—The Illinois Supreme Court construes statute on guilty pleas of noncitizen criminal defendants facing deportation and other immigration consequences By Christina J. Murdoch, Kathryn R. Weber, and Scott D. Pollock International and Immigration Law, March 2010 The decision may not be as devastating to non-citizens as it seems on the surface.
Meet the Section Council International and Immigration Law, February 2010 The 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 needed International and Immigration Law, February 2010 The 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.
At long last: New regulations allow adjustment of status for victims of trafficking By Andrea Taylor International and Immigration Law, November 2009 Every year, an estimated 800,000 individuals are trafficked across national borders.
Divorce, Deportation, and Disciplinary Complaints: Avoiding Immigration Pitfalls in Family Law By Macarena Tamayo-Calabrese International and Immigration Law, November 2009 The 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 Globe International and Immigration Law, November 2009 If 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.