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  1. ImmigrationDaily's Avatar
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  2. ImmigrationLawBlogs's Avatar
    With regard to all the hypocritical "outrage" coming from many of Donald Trump's Republican supporters and even from Fox News over Trump's, in effect, kissing Putin's ring (or, more accurately, some other place) at their "summit" in Helsinki. one doesn't quite know whether to laugh or cry.

    What does it matter if Trump kowtows to Putin in a big "thank you" for favors done in helping to put Trump in the White House?

    Even if Trump turned the White House over to Putin for six months out of each year while Trump went off to play golf at Mar-a-Lago with all his H-2B servants there to wait on him, what would the Republicans have to object to?

    No president in modern history is doing more to accomplish the goal of most Republicans (not all of them) to roll back the non-discriminatory legal immigration system that America has had for the past half century and turn this country back toward the white Europeans only 1924 immigration system which Trump's AG Jeff Sessions praised so highly as a Senator only 3 years ago, and which Adolf Hitler also wrote about admiringly in Mein Kampf some 90 years earlier.

    No modern president has also done more to start dismantling Franklin Roosevelt's New Deal which was designed to help all Americans achieve a decent standard of living, and instead set up a privileged white elite in America, while destroying the labor unions, regulations, health insurance and government programs that have helping so many millions of Americans of all races, colors and creeds achieve economic security over the past 80 years; while obliterating or turning back the gains made by women, gays and other traditionally discriminated against groups in this country.

    The Republicans have already accomplished so much of this agenda under Trump's regime. Why would they turn against him now over a little thing like putting the interests of a hostile foreign dictator ahead of those of the country which "elected" him (thank to that same foreign dictator's interference) to the highest office in this land?

    Roger Algase
    Attorney at Law


    Updated 07-16-2018 at 10:58 PM by ImmigrationLawBlogs
  3. ImmigrationLawBlogs's Avatar
    Talking about overlooking the forest and focusing on the trees, I notice that while, as usual, the July 10 Immigration Daily issue has some excellent comments about specific immigration issues, there is no comment as yet about Trump's latest Supreme Court nomination - a judge who, evidently, has such an expanded view of presidential power as to put the president virtually above the law entirely.

    Does anyone rationally believe that this kind of thinking will have no effect on immigration policy? Anyone who is that shortsighted should re-read the Supreme Court's latest Muslim Ban decision, which is bad enough on the issue of upholding a virtual presidential dictatorship over immigration policy in the name of "national security".

    The new nominee, according to the reports I have seen, seems to think that a president is entitled to act like a dictator merely because he or she is the president - no national security fig leaf needed any more, thank you.

    No wonder Trump appointed Judge Brett Kavanaugh to this key position.

    Are the Democrats going to take this mortal threat, not only to America's immigration system as we know it, but to the checks and balances and separation of powers on which our entire democracy depends lying down? Are the American people?

    I will be commenting on this issue further in my own forthcoming Immigration Daily post.

    Roger Algase
    Attorney at Law
    Updated 07-10-2018 at 03:41 PM by ImmigrationLawBlogs
  4. ImmigrationLawBlogs's Avatar
    There is an alarming parallel between Jeff Sessions' referral of key deportation cases to himself in order to destroy the independence of the Immigration Court system and make himself both the prosecutor and judge in as many of these cases as possible, on the one hand, and Trump's demand to the DOJ to investigate a baseless right wing fantasy that the FBI planted a spy in Trump's campaign, on the other.

    Both of these actions are those of an emperor or dictator, not a leader committed to democratic principles.

    They both show that if America loses its democracy and turns into a one-man Trump dictatorship, as could very easily happen in the near future, the seeds for the destruction of our freedom will have been sowed in his administration's mass deportation and related white supremacist immigration agenda.

    This could turn out to be the template for the destruction of our democracy.

    Roger Algase
    Attorney at Law
    algaselex@gmail.com




    Updated 05-22-2018 at 10:09 AM by ImmigrationLawBlogs
  5. IDBlog's Avatar
    Dear OPE:

    This proposed policy is excessively aggressive in characterizing unlawful presence (UP).

    This goes far beyond the concept applied to other nonimmigrant classifications, for which a violation of status without a written finding by DHS or a judge does not trigger UP. The sensible rationale behind the basic policy is that UP has such harsh consequences that it should only be triggered in situations where the alien has clear notification of the end of lawful status: expiration of I-94 or written finding by DHS or judge.

    If the UP screws are to be turned on F, J, and M aliens, it should be only for those people about whom the SEVIS system has reflected an event reflecting cessation of lawful status, so that there is an utterly objective and verifiable event, but even as to this the UP consequence should not attach unless SEVIS sent an email to the alien giving written notice of such event.

    The rules about violating status are too complex to attach UP, as opposed to removability, without clear contemporaneous notice to the alien. This proposed policy goes too far.

    Specifically, these two bullets should be revised as follows:

    • The day after the SEVIS or other DHS system or representative sends clear written notice to the F, J, or M nonimmigrant that he or she no longer pursues the course of study or the authorized activity or has engaged in an unauthorized activity;

    • The day after the SEVIS or other DHS system or representative sends clear written notice to the F, J, or M nonimmigrant that he or she has completed the course of study or program (including any authorized practical training plus any authorized grace period, as outlined in 8 CFR 214.2) or the program period reflected in the most recent Form I-20 or DS-2019 has expired without a filing for change status or similar filing;

    Respectfully,
    Robert C. Divine

    My contacts and bio: www.bakerdonelson.com/Robert-c-divine


    On May 11, 2018, at 3:53 PM, U.S. Citizenship and Immigration Services <uscis@public.govdelivery.com> wrote:
    Dear Stakeholder,
    U.S. Citizenship and Immigration Services (USCIS) is posting a policy memorandum for public comment, changing how the agency calculates unlawful presence for F-1, J-1, and M-1 nonimmigrants and their dependents (F-2, J-2, and M-2 nonimmigrants). These changes are designed to reduce the number of nonimmigrants who overstay their periods of admission and clarify how USCIS implements the unlawful presence grounds of inadmissibility. Over the years, DHS has also made significant progress in its ability to track the activities of F, J, and M nonimmigrants.
    Individuals in F, J, and M status who failed to maintain their status before August 9, 2018, will start accruing unlawful presence on that date based on that failure, unless they had already started accruing unlawful presence on the earliest of any of the following:

    • The day after DHS denied the request for the immigration benefit, if DHS made a formal finding that the individual violated his or her nonimmigrant status while adjudicating a request for another immigration benefit;
    • The day after their I-94 expired; or
    • The day after an immigration judge, or in certain cases, the Board of Immigration Appeals (BIA), ordered them excluded, deported, or removed (whether or not the decision is appealed).

    Individuals in F, J, or M status who fail to maintain their status on or after August 9, 2018, will start accruing unlawful presence on the earliest of any of the following:

    • The day after they no longer pursue the course of study or the authorized activity, or the day after they engage in an unauthorized activity;
    • The day after completing the course of study or program, including any authorized practical training plus any authorized grace period;
    • The day after the I-94 expires; or
    • The day after an immigration judge, or in certain cases, the BIA, orders them excluded, deported, or removed (whether or not the decision is appealed).

    USCIS encourages F, J, and M nonimmigrants to check the policy memorandum that updates Chapter 40.9.2 of the Adjudicator’s Field Manual for more information on this change and to talk to their Designated School Official (DSO) if they have any questions. In addition, the Study in the States website has government resources that explain the rules and regulations governing the international student process in the United States.

    The 30-day public comment period begins today and closes on June 11, 2018. For complete information on the comment process, visit the Policy Memoranda for Comment page. The guidance will go into effect on August 9, 2018.

    Remember, the wrong help can hurt! To learn about protecting yourself against immigration services scams, visit our Avoid Scams page at uscis.gov/avoidscams. Additionally, you can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.

    For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis), and Instagram (@USCIS).

    Kind regards,

    Public Engagement Division
    U.S. Citizenship and Immigration Services

    https://ci3.googleusercontent.com/pr...p_original.jpg
    Please do not reply to this message. Contact us at Public.Engagement@uscis.dhs.gov with any questions.
    To view a list of upcoming local and national engagements, please visit uscis.gov/outreach.
    To update your RSVP, modify your email address, or to unsubscribe from our mailing list, please visit your Subscriber Preferences Page.

    https://ci4.googleusercontent.com/pr...a_original.jpg


    U.S. Citizenship and Immigration Services sending to rdivine@bakerdonelson.com
    20 Massachusetts Ave NW, Washington DC 20529 · 1-800-375-5283





    NOTICE: This electronic mail transmission with any attachments may constitute an attorney-client communication, protected health information (PHI) or other confidential information that is in fact confidential, legally protected from disclosure and/or protected by the attorney-client privilege. If you are the intended recipient, please maintain confidentiality and be aware that forwarding this e-mail to others may result in a waiver of these protections and privileges and regardless electronic communications may be at times illegally accessed and viewed. If you are not the intended recipient, this e-mail is not intended for transmission to you, nor to be read, reviewed, used, distributed or even received by you or any other unauthorized persons. If you have received this electronic mail transmission in error, please double delete it from your system immediately without copying, reading or disseminating it, and notify the sender by reply e-mail, so that our address record can be corrected. Thank you very much.


    Robert C. Divine
    Updated 05-15-2018 at 03:53 PM by IDBlog
  6. ImmigrationLawBlogs's Avatar
    One cannot help but be sickened and disgusted by the Republican leadership's craven and cowardly refusal to stand up against Trump's threats to fire special counsel Robert Mueller and thereby plunge this country into one-man dictatorship. See the April 19 Washington Post editorial:

    McConnell to Trump: Fire at Will

    This is just like the Republicans' sheeplike refusal to stand up against Trump's racist immigration agenda.

    One could accuse the Republicans of having sold their souls to Donald Trump in what those who are familiar with the works of the immortal poet Johann Wolfgang von Goethe have accurately called a Faustian Bargain, for the sake of enacting their agenda of tax cuts and for the rich, environmental destruction for big polluters and deregulation for large companies that prey on middle class and less well-off Americans in a variety of ways, but looking at the Republicans' white supremacist immigration policies over the last 2 or 3 decades, it is questionable whether they had any souls left to sell.

    Roger Algase
    Attorney at Law
    Updated 04-19-2018 at 05:36 PM by ImmigrationLawBlogs
  7. ImmigrationLawBlogs's Avatar
    Trump may not be a very good president, or even an honest businessman. Whether he has the slightest understanding of or belief in democracy is also certainly open to question.

    But by his latest tweet calling his fired former FBI director, James Comey, a "slimeball" Trump is once again showing what he does best (besides arresting, incarcerating and excluding non-white immigrants, that is) - entertainment.

    Unfortunately, being president of the United States is not a reality show. Nor are his ICE arrests, private immigration prisons. or continuing rants and activities against Latin American, Muslim and black immigrants.

    Roger Algase
    Attorney at Law
    Updated 04-13-2018 at 11:22 AM by ImmigrationLawBlogs
  8. ImmigrationLawBlogs's Avatar
    Anyone concerned about the danger of fascism in America inherent in Trump's threats to fire special counsel Mueller and place himself completely above the law in all aspects of American life, not only immigration, should read Chauncey DeVega's Salon.com April 12 article on this topic which I discussed in my comment in the April 2 - April 6 ilw.com letters section.

    See:

    http://blogs.ilw.com/entry.php?10490

    For a direct link to DeVega's article, see:

    https://www.alternet.org/trump-traum...attack-america

    The title of the article is:

    The Definition of a Fascist? Trump thinks any attack on him is an attack on America


    Roger Algase
    Attorney at Law
    Updated 04-12-2018 at 05:18 PM by ImmigrationLawBlogs
  9. ImmigrationLawBlogs's Avatar
    To understand the real significance and danger of Donald Trump's escalating threats to fire Special Counsel Robert Mueller, it is important to read Chauncey DeVega's April 12 Salon.com article:

    The Definition of a Fascist? Trump thinks any attack on him is an attack on America

    https://www.alternet.org/trump-traum...attack-america

    DeVega writes:

    "When the president claimed that Mueller and the FBI's investigation into his affairs was 'an attack on our country', he christened himself a fascist leader in all but name.

    Trump believes that he is the state, as did the absolute monarchs of earlier centuries, and as did totalitarian despots like Hitler and Stalin. He believes that he is above the law and that all legal power and authority flows from him. For Trump...checks and balances are a threat to his authoritarian agenda."

    DeVega's above comment is no less true of Trump's immigration policies than it is of the rest of his agenda.

    If Mueller is fired and Trump is not impeached in response (as is very unlikely, considering that his racist anti-immigrant agenda has gained him so much support from rank and file Republican voters) America will become a fascist dictatorship in all but name. As with Hitler and other tyrants, Trump's uncontrolled will be the supreme law of the land, not only in immigration, but in everything else as well.

    Roger Algase
    Attorney at Law
    Updated 04-12-2018 at 12:59 PM by ImmigrationLawBlogs
  10. ImmigrationDaily's Avatar
    Hello,


    I would like to share my experience to see if my case is out of ordinary.


    I am a beneficiary of EB-3 green card application. The I-140/I-485 were filed by my employer in 2016 and I-140 was approved.


    Since then I had an interview at the local office. I was questioned for more than 1 hour and at the conclusion of the interview I was told to wait for reply. More than six (6) months passed, but I did not receive any reply. Last month I called USCIS to inquire about status of my case.


    Last week, somebody from USCIS case to my employer to check about me. Today, early in the morning, I was visited by USCIS representatives at my home. They questioned me for almost 1 hour and left without offering any explanation for their actions.


    After that, they again visited my employer, demanding all documents regarding me.


    I personally never heard of anything similar to that.

    Can you tell me if this normal?


    Thank you.
    S N
  11. ImmigrationLawBlogs's Avatar
    And about Trump's plans for a totalitarian style military parade, showing that his white supremacist immigration agenda is only one part of a larger assault on America's democracy, see:

    https://www.alternet.org/news-amp-po...ugh-streets-dc

    Roger Algase
    Attorney at Law
  12. ImmigrationLawBlogs's Avatar
    Donald Trump took America a frightening and dangerous step closer to dictatorship on February 5 when he accused the Democrats of "treason" for not applauding during his State of the Union speech.

    For more on this, see Republican columnist Jennifer Rubin's February 6 Washington Post column:

    Trump's lapdogs now accept the labeling of opponents as 'treasonous'

    (Sorry, i don't have a link. Please go to Google to access.)

    For the immigration implications of Trump's remark, and others like it which lump both political opponents and non-white immigrants together as people who do not "love our country", see my own February 6 ilw.com blog on Trump's latest step toward bringing about a fascist America.

    http://blogs.ilw.com/entry.php?10372-Trump

    Roger Algase
    Attorney at Law
    Updated 02-06-2018 at 12:04 PM by ImmigrationLawBlogs
  13. ImmigrationLawBlogs's Avatar
    Meanwhile, don't forget to get your copy of Michael Wolff's "Fire and Fury" before the books are all sold out. If even 10 percent of the book (as reported in the media - I haven't read it) is true, Trump has to be the most unfit president in the nation's entire history.

    Of course, this is a country which still values the right to free speech (for the president at least), and no one will challenge Trump's right to defend himself - in this case, by tweeting that he is really a "genius".

    Somehow, this is completely new information. No one seems to have realized this fundamental fact before, least of all the people who have been working most closely with him in the White House.

    Roger Algase
    Attorney at Law
    Updated 01-06-2018 at 02:05 PM by ImmigrationLawBlogs
  14. ImmigrationLawBlogs's Avatar
    The latest New York Times story by Michael Schmidt, dated January 4, shows a mountain of evidence piling up against Trump with regard to possible obstruction of justice in the Russia investigation.

    https://www.nytimes.com/2018/01/04/u...ia-mcgahn.html

    The question of Trump's fitness to serve as president now goes far beyond issues of racism and authoritarianism in his immigration agenda.

    If the president were a Democrat, with one fiftieth of this amount of evidence, Trump's supporters would be screaming for impeachment and criminal prosecution, and we would be seeing nothing else on Fox News 24 hours a day.

    Roger Algase
    Attorney at Law
    Updated 01-05-2018 at 01:32 PM by ImmigrationLawBlogs
  15. ImmigrationLawBlogs's Avatar
    For immigration advocates, as well as for everyone who cares about the well-being and financial future of ordinary Americans who have been betrayed big time by Trump's new tax law and his deregulation mania, there isn't a lot to laugh about in Donald Trump's America these days.

    But one thing that is not without its funny side is to read the latest report about two of America's most notorious white supremacist bigots, Trump and Steve Bannon, going after each other and calling each other crazy.

    They are both right, at least in the sense that they share an irrational hatred of non-white immigrants and both support measures which would limit most or all future legal immigration to applicants from Europe or other predominantly white countries, in a throwback to the openly racist "national origins", Europeans-only immigration law of 1924.

    Trump now says that Bannon, whom he formerly praised effusively and who was the chief architect of Trump's original version of the Muslim Ban and much of the rest of his anti-immigrant agenda, has "lost his mind."

    Let the rest of us get out of the way and let the two of them fight it out over each other's sanity.

    See Washington Post , January 3:

    Trump slams Bannon:

    Go at it, fellas!

    Roger Algase
    Attorney at Law
    Updated 01-04-2018 at 05:40 PM by ImmigrationLawBlogs
  16. ImmigrationLawBlogs's Avatar
    It also is featured on Paul Schmidt's immigrationcourtside.com blog.

    BATTLE OF THE PUNDITS: RAPPAPORT V. LITHWICK – NOLAN SAYS “If the Supreme Court allows the courts to continue to do this to Trump, they will interfere with any national security decision he makes that impacts a country with a large Muslim population, regardless of the circumstances.” – DAHLIA SAYS “Thousands of people will be harmed for no reason other than Donald Trump dislikes Muslim countries and crafted a nearly legal theory to achieve his ban after two abject failures.” – YOU DECIDE!

    http://immigrationcourtside.com/2017...curity-decisi/
    Updated 12-07-2017 at 09:22 PM by ImmigrationLawBlogs
  17. ImmigrationLawBlogs's Avatar
    My article on the Supreme Court's stay request was posted on the Supreme Court's December 6th newsletter.


    http://www.scotusdaily.com/

    Nolan Rappaport
    Updated 12-07-2017 at 09:23 PM by ImmigrationLawBlogs
  18. ImmigrationLawBlogs's Avatar
    For an even more alarming story about Trump's mental health, see:

    https://www.salon.com/2017/11/30/two...s-mental-state

    Roger Algase
    Attorney at Law
  19. ImmigrationLawBlogs's Avatar
    For the latest from Joe Scarborough about the growing doubts concerning the president's mental health, a matter of the most urgent concern to immigrants, Americans, and everyone in the world to does not want to see a nuclear war with North Korea, see:

    http://thehill.com/homenews/media/36...e-has-dementia

    and:

    https://www.alternet.org/news-amp-po...nd-morning-joe

    And for a timely warning of how Trump's latest unhinged Twitter attack on Muslims (see my November 30 ilw.com "Blogging" comment on this topic) could be one more step on the road to fascism in America, see, Alternet.org (November 30):

    International Politics Expert Warns the U.S. is Sliding into Fascism

    https://www.alternet.org/news-amp-po...liding-fascism

    Roger Algase
    Attorney at Law
    Updated 12-04-2017 at 10:29 AM by ImmigrationLawBlogs
  20. ImmigrationLawBlogs's Avatar
    With today's shocking announcements of indictments against three of Donald Trump's campaign aides (and a guilty plea by one of them), Trump even though he may not have been directly involved, is effectively finished as president. No matter how often he may shout "Crooked Hillary!", "Crooked Hillary!", no one is going to believe in his honesty or trustworthiness any more (if anyone ever did). It is now only a matter of time before Trump will have to resign, unless he is sooner impeached by a Democratic Congress to come (with the help, no doubt, of at least some Republicans).

    Even if there are no more charges (which there very likely could be), Trump's administration has now been exposed as a sewer of corruption, lies and bad faith.

    Is his immigration agenda any different?

    Roger Algase
    Attorney at Law
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