October 2012  

Be Safe for Halloween

---a message from our Personal Injury Team

During this time when our children are trick-or-treating, it is important to exercise extra caution. Make sure that your young ones don't wander off alone too far. Also, be careful while driving at night and watch out for the little trick-or-treaters that may step onto the road. By practicing some simple safety tips, we can ensure that we all have a Happy Halloween.

--- from the Personal Injury Team at NeJame Law.

What is SB 1070; Why is it Understandable, yet Wrong; and What is the Solution


With the Supreme Court's ruling striking down much of Arizona's SB 1070 law, the debate lingers. So who is correct? Is Arizona correct in criminalizing unlawful presence within its borders, or did Arizona usurp too much power in passing this law? This debate isn't easy and emotions can run high on both sides.

A Victory for Business Visas -- L-1 (Intra-company) Transferees


In a non-published opinion, the Administrative Appeals Office (AAO) reversed the U.S. Citizenship and Immigration Service (USCIS) and found that there was indeed a qualifying relationship between the foreign company and the U.S. company for the purposes of an L-1 visa.

Background: The L-1 Visa is available for foreign national executives, managers and other persons with specialized knowledge who have been working for a non-U.S. company and who may be transferred to a U.S. company. The U.S. company must be a subsidiary, branch, affiliate or joint venture partners of the non-U.S. company.

In its decision dated October 4, 2012, the AAO noted that the USCIS was wrong to deny the L-1 petition based solely upon the fact that the foreign company’s purchase of memberships of the U.S. company were for $51. Specifically, in this case, a Mexican company had made a subsidiary in the U.S. by acquiring the 51% of the U.S. company at a dollar a unit. The USCIS denied the petition claiming that given the revenue of the U.S. company, the dollar per unit price was too low to make a qualifying relationship between the two entities.

However, the AAO overturned this decision and noted that the USCIS may not supplant its business judgment for that of the owners.

In conclusion, many practitioners have felt that the L-1 visas have been under assault by the USCIS examiners who over-scrutinizee the requirements of the regulations. Thus, the above decision is a much-needed vindication for L-1 businesspersons and their advocates.


In This Issue

Newsletter Issues


Q & A - The DACA Update

Q: Dear Immigration Counselors,
My son is eligible to file for deferred action as someone who arrived as a child. Is there a deadline to file for this?


A: Dear C.S., as of the date of this answer, there is no legal deadline to file for Deferred Action for Childhood Arrivals (DACA). Further, you and your son should consult with an experienced immigration attorney and then make an informed decision about whether he should apply. In some cases, it is best to not apply. Below is the DHS’ published number of DACA cases processed so far:

1. Intake Number of requests accepted for processing  
2. Biometrics Number of biometric services appointments scheduled
3. Case Review Number of requests under review
4. Approved Number of requests approved         

Data represents period August 15 - October 10, 2012

To ask Immigration Counselors your questions, please email attorney@immigrationcounselors.com

Your Visa Bulletin

Visit http://www.travel.state.gov/visa/bulletin/bulletin_5779.html to check the recent priority dates for Immigrant Visa Bulletin.

Be sure to review the most recent month.


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