Stuart G. Friedman
Appeals & Immigration
Toll Free - US & Canada
Thanks to the Immigrant and Refugee Law Center for sharing the Board of Immigration’s recent unpublished ruling in Charles Borromeo Ajaelu, A058 739 058 (BIA Sept. 3, 2015). That ruling found that Georgia’s generic theft statute did not qualify as a theft offense for purposes of the INA because the Georgia …
I am frequently asked what the permissible and non-permissible reasons for a B1 visa (or “B1 status”) for Canadians. It is important to stress that anytime someone presents themselves for admission to the United States, they bear the burden of proof. If a border agent or a consular officer does …
The American Immigration Lawyer’s Association (“AILA”) just issued a public call for US-CIS to increase the visa cap for H1B workers. This year was 85,000. This was not enough. Of the 85,000, 20,000 were reserved under the advanced degree exemption which earmarks those positions for persons with graduate degrees from …
According to CNN and Globe & Mail, the EU is considering suspending its visa waiver program for US and Canadian citizens because citizens of some EU countries require a visa. This includes, Poland, Croatia, Cyprus, Bulgaria, and Romania for the US. Romanians and Bulgarians still require them for Canada. “The …
For any new US startup, it is imperative that the company have a good business plan even if the company has been in business abroad before this time. An EB-5 visa was denied in In the Matter of Ho, 22 I&N Dec 206 213 (Assoc. Comm. Examinations 1998) because of a poorly crafted business plan. …
Last Friday, the US Citizenship and Immigration Services was literally buried in petitions under the so-called “H1B” category for skilled non-immigrant workers. The H1B visa is a highly prized visa because it can be converted to an immigrant track in the fifth year and because non-citizens can be sponsored for …
A relatively unnoticed ruling in Mellouli v Lynch suggests that Descamps v United States could apply to certain drug offenses. Mellouli v. Lynch, No. 13-1034, 2015 WL 2464047 (June 1, 2015). In overruling Board of Immigration Appeal’s ruling in Matter of Martinez-Espinoza, 25 I&N Dec. 118 (BIA 2009), the high …
This is a belated shoutout to Professor Savino for his 2010 NYU Journal of International Law article on the uses and abuses of Interpol Red Notices. The article is called “Global Administrative Law Meets Meets Soft Powers: The Uncomfortable Cases of Interpol Red Notices” and can be found here. The …
Many US citizens have been turned back for having a single drunk driving conviction. Under Canadian law, a drunk driving is consider an “hybrid offense” and can be prosecuted as a felony (“indictable”) offense. This has meant that an American with a comparable offense was deemed inadmissible under the the …