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  1. Undocumented Youth Stage Mass Sit-in at Texas Attorney General Office

    by , 07-26-2017 at 10:01 AM (Matthew Kolken on Deportation And Removal)
    Immigrant Youth From Across The Country Come To Texas For First Undocumented Led Escalated Action Under The Trump Administration
    This action comes in response to the recent threats facing the Deferred Action for Childhood Arrivals (DACA) Program and the introduction to the DREAM Act bill in Congress

    Austin, TX- Immigrant youth from across the country are gathering in Texas to take escalated action and pledge their renewed commitment to winning permanent protection, dignity and respect for all 11 million undocumented immigrants.


    Who:
    Undocumented youth, parents, and allies


    What:
    Mass sit-in at Texas Attorney General’s Office, in the first and largest undocumented led direct action since Trump’s inauguration. 300 W 15th St, Austin, TX


    When:
    Wednesday, July 26th 10:30 AM


    Texas has become the battleground state in the struggle for immigrant rights in the Trump era. It leads the country on mass deportations and recently passed the most anti-immigrant statewide law. It was Texas Attorney General Ken Paxton who spearheaded the call for the repeal of DACA. Undocumented youth in Texas and across the country are confronting attacks on the immigrant community head on. For the DACAmented young people participating in this action, the threat of facing ICE retaliation is real- just as it was seven years ago when the first undocumented youth began risking arrest. Austin Mayor Steve Adler and Travis County Sheriff Sally Hernandez have said that the police department does not transfer immigrants over to ICE and we expect them to honor that commitment.


    “With DACA under threat, we know that some will put their hope in DC politicians. But we also know that we won DACA not because of any politician, but because our community took fearless action. We marched, we walked-out, we stopped deportations and shut down detention centers. We took risks and put our bodies on the line to tell the people of this country that we were ‘Undocumented, Unafraid, and Unapologetic,’” said Maria Fernanda Cabello, a spokesperson for Movimiento Cosecha. “This moment calls for us to be brave again; to create a moral crisis that will change the narrative on immigration in this country.”


    Immigrant youth have always known DACA was temporary, which is why we need permanent protection, dignity and respect for all. This moment is bigger than any piece of legislation. DACA is under attack while our parents, who were never even given the temporary protection DACA provides, are denied dignity and respect in a country that has never recognized them. It is time for the immigrant community to show this country that it depends on us. We will not stop fighting until we have won permanent protection, dignity and respect for our parents, our communities, and all 11 million undocumented immigrant
  2. REGISTER FOR MU HEALTHCARE IMMIGRATION WEBINAR ON AUGUST 1

    by , 07-26-2017 at 08:43 AM (Chris Musillo on Nurse and Allied Health Immigration)
    MU Law is pleased to announce a free healthcare immigration webinar on August 1, 2017 at 3PM ET for all clients and friend of the firm. It is ideal for US employers, staffing companies, recruiters, and others interested in healthcare immigration.

    Click here to REGISTER

    The Healthcare Immigration Seminar will feature these topics:

    • Green card Immigration for Nurses and Physical Therapists (Schedule A occupations)
    • Filing for Green card when you have an Unanticipated Worksite
    • Visa Screens and Healthcare Worker Certificates
    • FCCPT and the future of PT immigration
    • H-1B visas for PTs, OTs, Med Techs, and other allied healthcare workers
    • Managing Social Security Numbers and Licensure
    • H-1B cap-exempt entities
    • Immigration under the Trump administration
    • Legislative and Regulatory changes that may be on the horizon

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn

  3. How Sessions' Faustian Anti-Immigrant Bargain With Donald Trump Could Lead to the End of American Democracy. Roger Algase

    There is an old joke about a politician who is told by one of his advisers that there is a way to guarantee that he, the politician, will never lose an election, no matter how long his career may last. Curious, the politician asks what he would have to do in order to achieve that enviable result.

    The adviser tells the politician that all he, the politician, has to do is agree to sell his soul to the Devil. The politician answers:

    "That sounds simple enough, but what's the catch?"

    While the above, of course, is only a joke, and no rational person would ever seriously accuse any of our elected officials of having sold his or her soul to, let alone actually being, the Devil, one can find at least a faint echo of this joke in the souring of the relationship between the Attorney General and former long term anti-immigrant Senator, and the president of the United States, Donald Trump.

    This is a relationship that was founded on one essential element that has been and still evidently is common to both men, namely opposition to immigration by non-European racial and religious minority groups. If their common pursuit of that policy goal seemed like a relationship that was "made in heaven" from the point of view of accomplishing that objective, it is now rapidly moving, at least for Sessions, in the direction of that other, opposite, place instead.

    This is because there was a "catch" in the implied bargain between Sessions and Trump.

    In return for Sessions' support as the first Senator actually to endorse him for president and someone who could be of immense help in rallying anti-immigrant voters to Trump's side, Trump held out the promise of bringing to actual fruition Sessions' long held goal of rolling back fifty years of progress in making the American dream available to immigrants from outside Europe, as contemplated by the immigration reform act of 1965.

    As immigration rights advocate Linda Chavez wrote about Sessions in September, 2016:

    "It's no coincidence that accompanying Trump on his visit south of the border was Sen. Jeff Sessions, arguably the most anti-immigrant politician since Senator William Paul Dillingham, whose opposition to immigrants from southern and eastern Europe resulted in the first mass restriction legislation in the early 1900's."

    http://www.newsmax.com/LindaChavez/t.../02/id/746424/

    But the "catch", which may or may not have been obvious to Sessions at the beginning, was that by entering into a bargain whereby Trump gave Sessions enormous power and control over America's immigration system as Attorney General of the United States, a power that Sessions might very arguably have only dreamed of ever having without Trump, Sessions would also be required to forego any ethical and legal scruples on his part which would have stood in the way of Trump's drive to absolute power.

    However, by recusing himself from the Russia investigation of possible illegal contacts between Trump, or his top campaign officials, between officials and or private individuals in that country, Sessions chose to honor the rule of law, rather than the absolute "loyalty" which Trump demanded of FBI James Comey before firing him as FBI Director and which Trump, evidently, demands of everyone whom he considers to be a subordinate; "loyalty" which would put Trump so far beyond the rule of law as to set the stage for the end of democracy in America and its replacement by one man rule. See: The Guardian, July 25:

    https://www.theguardian.com/us-news/...mp-feud-russia

    and Salon (May 12):

    http://salon.com/2017/05/12/donald-t...get-it-report/

    As a result, Sessions, according to all the latest news reports (as of July 25), is now at risk of being forced out of or fired from his position, and thereby losing the power to turn America's immigration system, for perhaps decades to come, back in the direction of the 1924 "Nordics"- only immigration act which barred all but a very few of the world's Jews, Eastern and Southern European Catholics, Muslims, Asians, Africans and Middle Easterners from coming to the United States as immigrants, and which Sessions praised so highly in his January, 2015 Immigration "Handbook" for Congressional Republicans.

    http://www.aila.org/infonet/senator-...ation-handbook

    In my forthcoming further comments on this issue, i will examine in more detail how Sessions, in only six short months since becoming Attorney General of the United States, has impressed his legal stamp on the nation's immigration system.

    To begin with, however, here is a description from a source that supports Sessions' goals of the way he has already made major changes in immigration enforcement policy (to the obvious detriment of minority immigrant communities throughout the United States):

    http://washingtonexaminer.com/how-je...rticle/2620354

    As head of the DOJ, of course, Sessions has also been responsible for devising the deceptive, if not meretricious (from the Latin word meretrix) legal argument that Trump's Muslim ban orders were allegedly not aimed against Muslims as a religion, but were only national security measures - an argument which the overwhelming 4th Circuit majority blew apart in its IRAP decision, and which few other federal courts have taken seriously.

    Ironically, even though the heart of Sessions' DOJ's legal strategy in the Muslim ban cases rested on the same claim of absolute presidential power which Trump is now asserting in connection with the Russia investigation, and which threatens to end Sessions' own tenure as Attorney General (as well as America's two and a half centuries of history as a democracy), even this broad assertion of Trump's claimed authority to rule as a dictator, not a democratically elected leader, in the area of admission of immigrants to the US, has not been enough to satisfy Trump, who has been openly critical of the DOJ's strategy in defending his Muslim ban.

    http://www.reuters.com/article/us-br...-idUSKBN18W1BR

    Roger Algase
    Attorney at Law
    algaselex@gmail.com





    Updated 07-26-2017 at 05:45 AM by ImmigrationLawBlogs

  4. USCIS Launches Mobile Form for Replacing Green Card

    by , 07-25-2017 at 06:54 PM (Matthew Kolken on Deportation And Removal)
    July 25, 2017
    USCIS Launches Mobile Form for Replacing Green Card
    Redesigned Form I-90 offers mobile-friendly alternative to replace Green Card

    WASHINGTON — Lawful permanent residents who file the online Form I-90, Application to Replace Permanent Resident Card, without assistance from an attorney or accredited representative, can now file their form and upload evidence entirely on a mobile device. The redesign of the online Form I-90 also allows lawful permanent residents to navigate the site more easily, making the process of renewing or replacing Green Cards more convenient.

    The new mobile-responsive design provides an intuitive method for answering questions, navigating through sections, and uploading evidence on a mobile device. Instructions for filing Form I-90 require providing certain evidence, such as a copy of government-issued identification. For those filing through a mobile device, it may be easier to take a photo of the evidence and upload it directly from their mobile devices. The redesigned online form also provides a more personalized experience, as users are directed to answer only those questions specific to their case.

    There are no substantive changes to the policy or content of the form, and the online version has parity with the questions and content on the paper form.

    Applicants can access the online Form I-90 through myUSCIS by creating a USCIS online account at https://myaccount.uscis.dhs.gov/. There is no cost to set up an account, which offers a variety of features including the ability to track the status of an application and to communicate with USCIS through a secure inbox.

    Customers who wish to file Form I-90 with the assistance of an attorney or accredited representative will continue to use the previous version of the online Form I-90.

    Additional information about Form I-90, including guidance on the application process, is available at uscis.gov/i-90.

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

    - USCIS -
  5. PORTING AN I-485 TO A NEW EMPLOYER

    by , 07-24-2017 at 09:24 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    Last year the USCIS issued new guidance regarding when a foreign national can port his/her I-485. Under the American Competitiveness in the Twenty-First Century Act (AC21) a foreign national can change his/her employer or job during the green card process once the I-485 has been pending for 180 day or more.

    When changing positions, the green card applicant and their new employer, must file a form I-485(j) with the USCIS confirming the new employer is taking over the green card case, agrees to pay the prevailing wage, and that the new position is the same or similar to the position described in the green card application.

    The USCIS will consider the totality of the circumstances when determining if the green card job and the new job are the same or similar. Specifically, 2016 memo describes how Immigration Officers can review the occupation codes assigned to both jobs by the Department of Labor when determining if the two jobs are the same or similar.

    Evidence that the positions are the same or similar can include:


    • · The job duties of both positions;
    • · The skills, expertise, education, training, licenses or certifications specifically required to perform each job;
    • · The wages offered for each job; and
    • · Any other material and credible evidence relevant to the determination.


    Green card applicants can also port their I-485s when, in their new position, they are primarily responsible for managing the same or similar function of their original job. For example, if a PT is promoted to Senior PT and supervises other PTs and PTAs. It is also acceptable for the applicant to manage workers in a different occupation if the change in position is a normal career progression. For instance, if an OT is promoted to Rehab Manager, the OT may be supervising other OTs as well as OTAs, PTs, PTAs, SLPs, and others.



    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
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