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Irvine Immigration Law Blog

Changes proposed for H-1B petitions

The United States Citizenship and Immigration Services (USCIS) is proposing changes to regulations for how the H-1B petitions are counted. As of now, there is an annual limit of 65,000 petitions awarded by lottery and another 20,000 exemptions to that limit.

This proposal is being presented as making life easier for the applicants and their employers, but analysts believe this restriction would directly target highly skilled workers by proposing many new restrictions as well as increase the number of H-1B application denials.

Job search tips for international students seeking OPT status

Being on an international student visa in the United States today has its challenges, whether you are in college or in graduate school. You may be one of many seeking to extend your F-1 status through Optical Practical Training (OPT), juggling a time-sensitive visa application with a job market that does not seem to favor immigration. Although it may feel like the odds are against you, there are ways you can make the most of your job search as an international student graduate. Consider the following tips:

Remain in Mexico deal is legally and logistically flawed

The Trump administration is currently trying to cut a deal with Mexico where asylum seekers would possibly conduct their interviews in the U.S. and then return to Mexico. The Immigration and Nationality Act does allow the U.S. to send applicants back to Mexico, but the same law also allows asylum seekers who pass their credible fear interview to remain in the U.S. Thus, the law exempts the very applicants that the Trump administration wishes to prevent from entering the country.

According to various news reports, the administration has not thought this policy through. Immigration law attorneys point out that the U.S. cannot just throw people out and tell them to wait.

Can citizenship be taken away?

Becoming a naturalized citizen is one of the most important days in the lives of all who go through the process. Many will feel a great sense of relief, feeling that the days of uncertainty are behind them. However, others shift their concern to losing citizenship they worked so hard to get.

Someone may tell the naturalized citizen that it is impossible to lose one’s citizenship, but they would be wrong. Naturalized citizens and their children can be stripped of their citizenship in a process called denaturalization. While it was rare, it is growing more frequent in recent months. Those who are denaturalized are then subject to deportation, while those born as citizens in this country are protected by the 14th Amendment.

Judge stalls Trump's attempt to block illegal asylum seekers

A U. S. District Judge in Houston has stalled the enforcement of a new rule by the Trump administration that would block asylum seekers who cross the border illegally. This is yet another setback for the president and his efforts to impose his own restrictions without the approval of Congress. This ruling is in response to several legal groups who sued the president after he issued a proclamation saying asylum seekers who did not use official ports of entry would not be eligible for asylum. According to the administration, this is in response to the caravans of asylum seekers moving north through Mexico.

“Whatever the scope of the President’s authority, he may not rewrite the immigration laws to impose a condition that Congress has expressly forbidden,” said Judge Jon Tigar, a nominee of former President Barack Obama.

Courts blocks Trump’s attempt to end DACA

A Federal Appeals Court for the 9th Circuit last week blocked the Trump administration’s latest attempt to end Deferred Action for Childhood Arrivals (DACA). This ruling agreed with a judge’s decision last January that the president did not have the authority to rescind the program. This is good news for an estimated 700,000 individuals who were brought to the U.S. as young children by parents who immigrated without documentation.

According to a three-judge panel, “Plaintiffs are likely to succeed on their claim that the rescission of DACA – at least as justified on this record – is arbitrary, capricious or otherwise not in accordance with law.”

Dem’s control of the U.S. House means new oversight for president

The incoming majority leader for the House of Representatives Nancy Pelosi covered many topics during her acceptance speech on the night of the mid-term elections. The overall theme is that President Trump will have new checks and balances since the Republican Party will no longer control both legislative branches of government, which are the U.S. Senate and House of Representatives.

Democrats head all House committees

Extending your stay in the United States

Whether you are student, a worker or are simply visiting, there are several reasons a person may want to extend their stay in the United States. If you are grappling with the idea of staying longer than your student or work visa allows, it may be in your best interests to investigate applying for a temporary nonimmigrant visa.

There are several types of temporary nonimmigrant visas available. Choosing which is best for your situation and applying can quickly become complicated. To help you navigate the process, below are some of the most commonly used temporary visas and what they are used for.

Trump vows to end birthright citizenship

Ever since his fiery and controversial presidential campaign, Donald Trump has made his stance on immigration perfectly clear: He is almost always against it. He has enforced numerous raids by Immigration and Customs Enforcement (ICE), tried to end Deferred Action for Childhood Arrivals and even forcibly removed immigrant children from their parents.

Now, Trump is preparing for another dramatic move against immigration. He announced that he plans to use an executive order to end the practice of conferring citizenship upon infants born in the United States.

Immigration a top issue in midterm elections

The famed Pew Research Center polled 2,002 adults who lean either Republican or Democrat last June. It found that top issue in the minds of voters going into this midterm election. With 20 percent of voters wanting to hear about candidate’s policies regarding immigration, this number is higher than such topics as the economy or health care.

The Trump administration’s treatment of asylum seekers, particularly separating children from parents has been a large factor for some, although many Republican-leaning voters are supportive of the president’s policies regarding stronger borders and work visas. Democrats, on the other hand, envision a new policy where immigrants work toward gaining citizenship.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber