Archive for April, 2011

Even if Trump is right, he’s wrong.

Sunday, April 24th, 2011

Donald Trump, among others, is raising the issue again. President Obama is not entitled to be President because he was not born in the United States. Not because Hawaii was not a state yet, as Hawaii was admitted to the Union on August 21, 1959, and Barack Obama was born on August 4, 1961, but because President Obama was actually born abroad. Not that there is any proof he was born abroad, but because of some concerns about the availability…

What a difference a day makes.

Saturday, April 23rd, 2011

Creating a minor buzz is a recent development in the State of Washington. On April 15, 2011, the governor of Washington, Christine Gregoire, signed a bill which reduces the maximum sentence for a gross misdemeanor to 364 days.  The punditry has commented that this is an important law for aliens because it stops many crimes from being classified as aggravated felonies. This is an important effect of the law, but not the most important one. More important is that it…

Posada Carriles prosecution an example of a USCIS interview being part of a criminal investigation.

Sunday, April 17th, 2011

When America decides it doesn’t want a foreigner around anymore, it has a few ways of getting rid of him. First, and easiest, is to get rid of the ones without papers. Some may recall the NSEERS program  of the early 2000’s, where citizens of some Muslim nations had to turn themselves in for inspection and those without lawful status were arrested to remove them. Two, arrest and charge the person with crimes, punish him for his crimes, and then…

USCIS’s latest on Visa Waiver Adjustments leaves many questions unanswered.

Friday, April 8th, 2011

In the ongoing saga about those seeking adjustment of status as immediate relatives under the visa waiver program, U.S. Citizenship and Immigration Services (USCIS), through the American Immigration Lawyers Association (AILA) [USCIS’s peculiar way of announcing policy], on April 7, 2011, announced the following policy advisory: All field offices have been instructed to adjudicate I-485 applications filed by individuals who last entered the U.S. under the Visa Waiver Program (VWP) and overstayed on their merits UNLESS the potential beneficiary is the…