Tills Visa Law

Stephen K. Tills, Attorney at LAW

Immigration in Chaos

Wow, I don’t think many practitioners in the field of Immigration law would have foreseen the chaos of the last several years. Whether it is Presidential Action creating lawful status out of thin air for millions of people unlawfully present, only to have it blocked in Federal Court,

From left, Judge Thomas M. Reavley, Appellate Judges: Chief Judge Carolyn Dineen King, and Judge Emilio M. Garza (Fifth Circuit Court) taken at Baylor Law School ..by Alan Hunt

From left, Judge Thomas M. Reavley, Appellate Judges: Chief Judge Carolyn Dineen King, and Judge Emilio M. Garza (Fifth Circuit Court) taken at Baylor Law School ..by Alan Hunt

or the visa bulletin fiasco, or Central American families risking their lives after a pull back by Border Patrol, and on and on. And to think that the administration wants the Supreme Court in June, or October, to overrule the 5th Circuit, so that the Executive Actions can be implemented, with 6 or three months left in the administration?
WAIVERS
There have been a few positive changes.  Ex., People who have been present illegally in the U.S. for more than one year are barred for ten years from re-entering the U.S., if they leave.  If someone who crossed the border illegally, gets married to a U.S. citizen and wants to receive an immigration visa at a U.S. consulate abroad, he can’t because he is inadmissible for 10 years unless granted a waiver at the consulate.  The Obama administration made an administrative change in 2013 to allow that person to first file the waiver in the U.S. before departing, and thus know that he will likely be readmitted with the Immigrant visa with minimal delay.
waiver-APPS3
EXECUTIVE ACTION
There are other positives.  However, this administration wants the Supreme Court to overturn the Texas decision in this year’s term.   If the Supreme Court were to overturn the 5th Circuit decision, how can this administration expect U.S. CIS to be able to handle the millions of applications with only months left in the administration? How would that effect the adjudication of the other visa applications, those from U.S. employers, schools, churches, and family preference petitions? There is no guarantee the Presidential Action would survive after the next President takes office.

WORK VISAS FOR FOREIGN GRADS
Another Executive action effective January, 2016. There is the new rule proposal to unilaterally increase the number of work visas for foreign grads.
See the report from  Breitbart:   http://www.breitbart.com/big-hollywood/2015/12/30/obamas-agency-reveals-plan-give-work-permits-myriad-foreign-college-graduates/

WORK PERMITS
Does the U.S. economy require more foreign bachelor / advanced degree graduates in the U.S. to compete for jobs in the current economy?  This administration believes so:  ” The 181-page rule focuses primarily on giving work-permits to foreign college-grads who will compete against Americans for white collar jobs, despite the large number of American graduates now stuck in lower-wage positions and struggling to pay off college debts. The rule will also make each foreign graduate much cheaper for U.S. employers to hire than many U.S.-born college grads.”

Graduation Day!  U.S. College Graduates.

Graduation Day! U.S. College Graduates.

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