Thomas K. Brown Immigration

Current Events in Immigration Law

NYT: A Fatal Ending for a Family Forced Apart by Immigration Law

This is a really sad story.  In some cases, out of status immigrants can legalize inside the US without leaving.  For many, this isn’t an option.  Instead, they must leave the US and hope to return legally.  Usually this involves seeking a “hardship waiver” — a form of relief where immigrants can return to the US despite being required by law to wait outside for 3 or 10 years.  It involves a showing of some kind of extraordinary hardship — not the usual hardship (if there is such a thing) associated with separated families.  Consular posts have a huge amount of discretion in these cases and there’s really no effective path to appeal an adverse decision.  Faced with that, Mr. Encalada took his own life.

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February 12th, 2010 Posted by Thomas Brown | waivers | no comments

March 2010 Visa Bulletin

The link is here.

Here’s the family table:

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st 22JUN04 22JUN04 22JUN04 01OCT92 01MAR94
2A 01APR06 01APR06 01APR06 01JUL04 01APR06
2B 01FEB02 01FEB02 01FEB02 15JUN92 22AUG98
3rd 22MAY01 22MAY01 22MAY01 08OCT92 01MAR92
4th 15JAN00 15JAN00 15JAN00 08DEC95 01SEP87

And here’s the employment table:

  All Charge-ability Areas Except Those Listed CHINA- mainland born INDIA MEXICO PHILIP-PINES
Employ-ment -Based          
1st C C C C C
2nd C 08JUL05 01FEB05 C C
3rd 15DEC02 15DEC02 01JUL01 01JUL02 15DEC02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/ Regional Centers C C C C C
5th Pilot Programs C C C C C
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February 11th, 2010 Posted by Thomas Brown | visa bulletin | no comments

What TPS for Haitians is and is not

An article in the Christian Science Monitor clarifies exactly what Temporary Protected Status (TPS) is.  I agree with the author — the United States is the leading western hemisphere democracy and in the best shape to assist with the unfolding humanitarian crisis gripping Haiti right now.  TPS is one of many tools at our disposal.  Here’s a link to the article.

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February 3rd, 2010 Posted by Thomas Brown | tps | no comments