Today, August, 6, 2009, U.S. Immigration and Customs Enforcement (“ICE”) has announced an overhaul of the current immigration detention system. Currently, when foreign nationals are arrested for immigration violations or other offenses that affect their immigration status, they are detained in one of over 350 decentralized, penal institutions. The institutions are either jails operated by [...]

According to the Associated Press, a federal indictment was unsealed last week that names a Salt Lake City law firm, three attorneys, and five other employees, alleging visa fraud and alien smuggling. Allegedly the majority of 700 visa petitions (resulting in over 5,000 visas) filed by the Alcala Law Firm were fraudulent. The alleged conspiracy [...]

According to ABC News affiliate WTVD Channel 11, an Immigration Services Officer with the United States Citizenship and Immigration Services (“USCIS”), was arrested on July 15th on charges of blackmail and extortion. The Officer, Bedri Kulla, was based in USCIS’ service center off of Roycroft Drive in Durham County. Allegedly, Mr. Kulla was blackmailing foreign [...]

U.S. Immigration and Customs Enforcement (‘˜ICE’) has launched a new effort to audit the Form I-9 employment eligibility verification records of businesses nationwide. According to the Los Angeles Times, ICE issued audit notices to more than 650 businesses around the nation on July 1, 2009.

Yesterday, June 22, 2009, USCIS announced that it will resume the “Premium Processing Service” for certain categories of Form I-140, Immigrant Petition for Alien Worker. Generally, the Immigrant Petition for Alien Worker is the second step in the employment-based Permanent Residency Process. Under the Premium Processing Service, USCIS guarantees petitioners that, for a $1,000 processing [...]

Currently, the 1996 Defense of Marriage Act prevents immigration officials (USCIS) from recognizing gay marriages, even from states or countries where they are now legal. This is true of nonimmigrant visas, permanent residency, naturalization, many waivers, and defenses to removal. For example, current law allows opposite-sex spouses of nonimmigrant visa holders (such as an H-1B [...]