Publications

Section Newsletter Articles on Immigration Law

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.
Issues for discussion International and Immigration Law, November 2009 At 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 Relief International and Immigration Law, September 2009 The 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.  
Immigration Consultation Corner- With multiple grounds of inadmissibility, some cannot be cured—A brief look at false claims to U.S. citizenship, fraud and other immigration violations By Scott D. Pollock International and Immigration Law, July 2009 Even attorneys that do not regularly practice immigration law are often surprised to learn of the drastic immigration consequences of fraudulent conduct or the use of false documents to obtain admission to the U.S. from abroad.
A widow’s penalty: Analyzing the Third Circuit’s decision in Robinson v. Napolitano By Mark Philipp International and Immigration Law, July 2009 According 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-Verify By Cindy G. Buys International and Immigration Law, June 2009 In 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.
Immigration consultation corner: Denial of an R-1 Visa petition for a minister of religion—To challenge or not to challenge? By Scott D. Pollock International and Immigration Law, June 2009 The author shares an immigration case that presented a tricky procedural dilemma.
Military Accessions Vital to National Interests (MAVNI): Does your client qualify for the U.S. government’s new pilot program and expedited naturalization? By Timothy B. White International and Immigration Law, June 2009 Since 1996, the Secretary of any Armed Force has had the power to authorize the enlistment of other aliens “if the Secretary determines that such enlistment is vital to the national interest.”
Newsflash—The BIA upholds immigrant-friendly precedent! By Sara E. Herbek International and Immigration Law, June 2009 The 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 couples By Natalie Vera Human Rights, May 2009 In 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 victims By Julie Gerber-Sollinger Family Law, May 2009 A 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.
“Cross-Section of Immigration and Criminal Law: Immigration Consequences of Criminal Offenses:” Upcoming CLE sponsored by the International and Immigration Law Council and co-sponsored by the Criminal Justice Council By Anne M. Skallerup International and Immigration Law, April 2009 The International and Immigration Law Council and the Criminal Justice Council have organized a Continuing Legal Education class intended to educate criminal defense and immigration attorneys who represent noncitizens of the impact that criminal offenses have on the immigration status of their clients.
Follow-up on H-1B TARP By Sonya Som Administrative Law, April 2009 On 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 Rule By Maryann Bullion International and Immigration Law, April 2009 All 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 office By Shannon M. Shepherd International and Immigration Law, April 2009 Former 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 lottery By Sonya Som Administrative Law, March 2009 Due 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 regulations By Eileen Momblanco and Morgan Russell Administrative Law, December 2008 In 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 question By Hon. Bradley T. Paisley Bench and Bar, December 2008 There 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 Act By Anne M. Skallerup International and Immigration Law, August 2008 The 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.
Navigating the Employment Eligibility Verification Process (Form 1-9) By Kevin Raica International and Immigration Law, July 2008 For over two decades, employers have been required to verify that the people they hire are legally authorized to work in the United States.
Immigration-related raids: Employer rights and lawful responses By Kristin Lopez Law Office Management and Economics, Standing Committee on, June 2008 The 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.
If the U.S. detains foreign visitors arriving at the airport, is consular notice required? By Cindy G. Buys and Mark E. Wojcik International and Immigration Law, May 2008 The issue of consular notice is presently before the U.S. Supreme Court in Medellin v. Texas, No. 06-984. 
Navigating the Employment Eligibility Verification Process (Form I-9) By Kevin Raica Law Office Management and Economics, Standing Committee on, May 2008 This article clarifies the I-9 process and provides you with a step-by-step guide to I-9 completion.
New employment-based immigration regulations cause controversy By Tahani Afaneh International and Immigration Law, May 2008 The Bush Administration recently implemented controversial changes to employment-based immigration regulations.
Immigration Service attempts to resurrect social security no-match regulation By Grant Sovern, Lisa Duran, and Benjamin Kurten Corporate Law Departments, April 2008 The Department of Homeland Security’s Immigration and Customs Enforcement agency “ICE” will issue a proposed final regulation in the Federal Register.
Diversity Visas for FY ’08 and FY ‘09—What are they and how can they be obtained? By Scott D. Pollock International and Immigration Law, February 2008 Each year since the 1995,2 up to 55,000 immigrants per year have been admitted to the U.S. as “diversity immigrants” as natives of countries with low rates of immigration.
Diversity visas for 2009: Top five questions asked by clients By Shannon M. Shepherd International and Immigration Law, January 2008 The Diversity Visa (DV) lottery program for fiscal year 2009 had open registration from October 3, 2007, until midnight on December 2, 2007.