Saturday, October 8, 2016

End of the Line: Keeping Track of When You're Next in Green-Card Quota

by Anish Vashistha

This blog post includes the recording of my twenty-first show, which originally aired Friday September 30, 2016. It was my final show of the season. This twenty-first podcast focuses on the October 2016 U.S.-Department-of-State Visa Bulletin and the USCIS Adjustment-of-Status filing chart, but there were a lot of good questions asked during the show as well. One can click here to listen to the entirety of the show.

Friday, September 23, 2016

Want to become a U.S. Citizen?: Timing the Naturalization Application when There's Negative History

by Anish Vashistha

This blog post includes the recording of my twentieth show, which originally aired Friday September 23, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This twentieth podcast focuses on complicated naturalization cases wherein there may be criminal history or other type of negative history, and one can click here to listen to the entirety of the show.

Sunday, September 18, 2016

The Easy Immigration Cases and the Hard Ones: Knowing When a Specialist is Needed

by Anish Vashistha

This blog post includes the recording of my nineteenth show, which originally aired Friday September 16, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This nineteenth podcast focuses on knowing when an attorney at all is required for an immigration case and knowing when a specialist must be utilized to obtain a positive result, and one can click here to listen to the entirety of the show.

Saturday, September 10, 2016

For the Savvy Investor: The E-2 Nonimmigrant Visa

by Anish Vashistha

This blog post includes the recording of my eighteenth show, which originally aired Friday September 9, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This eighteenth podcast focuses on nonimmigrant-investor-related options, and one can click here to listen to the entirety of the show.

Tuesday, September 6, 2016

Not Going as Planned: Changing Direction in an Immigration Strategy

by Anish Vashistha

This blog post includes the recording of my seventeenth show, which originally aired Friday September 2, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This seventeenth podcast focuses on a theme consistent with how the show itself went: flexibility to adapt to circumstances despite having a preexisting strategy, and one can click here to listen to the entirety of the show.

Wednesday, August 31, 2016

Looking for Help: How to Pick a Good Immigration Lawyer

by Anish Vashistha

This blog post includes the recording of my sixteenth show, which originally aired Friday August 26, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This sixteenth podcast focuses on the types of values one may want to find in an immigration lawyer, and one can click here to listen to the entirety of the show.

Saturday, August 20, 2016

JMTRs: Requesting ICE's Assistance with Reopening Removal Proceedings

by Anish Vashistha

This blog post includes the recording of my fifteenth show, which originally aired Friday August 19, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This fifteenth podcast focuses on pursuing joint motions to reopen removal proceedings, and one can click here to listen to the entirety of the show.

Thursday, August 18, 2016

When Will I Get My Green Card?!: Employment-Based Immigration and the Visa Bulletin

by Anish Vashistha

This blog post includes the recording of my fourteenth show, which originally aired Friday August 12, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This fourteenth podcast talks about the interesting trends in the Visa Bulletin, and one can click here to listen to the entirety of the show.

Saturday, August 6, 2016

Raising the Dead: Bringing Someone Back to the U.S. Following Deportation

by Anish Vashistha

This blog post includes the recording of my thirteenth show, which originally aired Friday August 5, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This thirteenth podcast talks about how one can go about trying to reopen the removal proceedings for someone who has already been ordered removed and has actually been removed from the U.S., and one can click here to listen to the entirety of the show.

Friday, July 29, 2016

The ULP I-601A Pardon Gets Applied Universally: The Current Administration Continues to Implement Small Immigration Reforms But with Big Impacts

by Anish Vashistha

This blog post includes the recording of my twelfth show, which originally aired Friday July 29, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This twelfth podcast talks about the new expansion of the provisional-unlawful-presence to all those who are eligible for the traditional-unlawful-presence waiver, and one can click here to listen to the entirety of the show.

Saturday, July 23, 2016

Immigration-Related Reforms Under the Next President and Focusing on Something More than the Undocumented

by Anish Vashistha

This blog post includes the recording of my eleventh show, which originally aired Friday July 22, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This eleventh podcast talks about what changes under Immigration Law and its enforcement one can expect with the next presidential administration, and one can click here to listen to the entirety of the show.

Friday, July 15, 2016

Taking Them to Court: Suing the Government for Unreasonable Delays or Unfair Decisions

by Anish Vashistha

This blog post includes the recording of my tenth show, which originally aired Friday July 15, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This tenth podcast talks about federal-court-litigation-related options for when there is a long delay or unfair decision regarding a pending immigration-related benefit(s) application, and one can click here to listen to the entirety of the show.

Friday, July 8, 2016

Understanding the Importance of Law Enforcement: The Victim-Based Immigration-Related Categories

by Anish Vashistha

This blog post includes the recording of my ninth show, which originally aired Friday July 8, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This ninth podcast talks about the victim-related immigration categories, and one can click here to listen to the entirety of the show.

Monday, July 4, 2016

Being Able to Vote in the Upcoming Election: Some of the Issues that Arise in the Naturalization Process

by Anish Vashistha

This blog post includes the recording of my eighth show, which originally aired Friday July 1, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This eighth podcast talks about some of the issues that arise in the adjudication of naturalization applications, and one can click here to listen to the entirety of the show.

Wednesday, June 29, 2016

So SCOTUS Killed your Immigration-Reform Dreams? Here's What You Can Do Now!

by Anish Vashistha

This blog post includes the recording of the seventh show, which originally aired Friday June 24, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This seventh podcast talks about the recent U.S. Supreme Court Decision upholding, based on a tie between the Justices, the injunction against institution of the President's announced Executive Actions relating to Deferred Action for Parental Accountability ("DAPA") and Expanded Deferred Action for Childhood Arrivals ("Expanded DACA"), and one can click here to listen to the entirety of the show.

Sunday, June 19, 2016

Proactive v. Reactive Immigration Policies in Wake of Domestic Mass Shooting

by Anish Vashistha

This blog post includes the recording of my sixth show, which originally aired Friday June 17, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. This sixth podcast talks about the mix of law enforcement and immigration but does have a tangent about the Child Status Protection Act, and one can click here to listen to the entirety of the show.

Saturday, June 11, 2016

Understanding when You're an Immigrant Victim

by Anish Vashistha

This blog post includes the recording of my fifth show, which originally aired Friday June 10, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. The topic of this fifth podcast was supposed to be victim-related categories, but almost all of the time was used up answering questions asked by callers, one of whom may fall within one or more of those victim-related categories. One can click here to listen to the entirety of the show.

Thursday, June 9, 2016

General Principles of U.S. Immigration Law

by Anish Vashistha

This blog post includes the recording of my fourth show, which originally aired Friday June 3, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. The topic of this fourth podcast is what underlies or otherwise is the overriding purpose of U.S. Immigration Law, and one can click here to listen to it.

Tuesday, June 7, 2016

Asylum Summary with Some Tangents

by Anish Vashistha

This blog post includes the recording of my third show, which originally aired Friday May 27, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. The topic of this third podcast is what to keep in mind when applying for asylum; however there were three calls during the show, and the callers did not ask about asylum. Nonetheless, one can click here to listen to the podcast.

Sunday, June 5, 2016

How to Avoid Crooked Immigration Consultants and What to Do If You've Already Been Victimized by One

by Anish Vashistha

This blog post includes the recording of my second show, which originally aired Friday May 20, 2016. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. Anyway, the topic of this second podcast is how to avoid fraudulent immigration-law practitioners as well as what one can do if s/he has been victimized by such a fraudster, and one can click here to listen to it.

Saturday, May 14, 2016

So You Weren't Selected in the H-1B Lottery: What Can You Do Now?

by Anish Vashistha

I have come to the conclusion that it's easier for people to listen to me discuss a certain subject rather than to read what I have written about it. Therefore, and because I am always seeking to make others' lives easier, I will be posting my weekly radio talks on the blog as podcasts. This blog post includes the recording of my first show, which luckily for me went out live on the air on Friday the 13th. If you want to hear the shows live, then tune in to 980AM at 2:30pm (California time) every Friday afternoon. Anyway, the topic of this first podcast is what one can do if s/he was not selected in the H-1B lottery for the fiscal-year 2017 filing season, and one can click here to listen to it.

Sunday, April 17, 2016

The Drama of / Debate on the Expansion of DACA and the New DAPA Heads to the U.S. Supreme Court

by Anish Vashistha

Once again it has been far too long since my last blog post. However, I've been working instead on building a published-case database going back to the beginning of 2015. The database may be found here, and it includes all immigration-related published decisions since January of last year until the present from the U.S. Court of Appeals for the Ninth Circuit ("Ninth Circuit"), the U.S. Department of Justice's Executive Office for Immigration Review's Board of Immigration Appeals ("BIA"), the U.S. Department of Homeland Security's U.S. Citizenship and Immigration Services' Administrative Appeals Office ("AAO"), the California Supreme Court, and the California Courts of Appeal. Having such a database would free the blog from the restrictions caused by having to summarize and to comment on every case that gets published.

For those who follow the blog closely and have now seen the published-case database, the lack of discussion for case opinions that were issued in December 2014 would likely be alarming. To calm those unnerved by this void, I will go ahead and summarize the relevant cases from that month. In U.S. v. Garcia-Santana, the Ninth Circuit held that for a State conspiracy statute to trigger the "Conspiracy" Aggravated-Felony deportability ground under Section 101(a)(43)(U) of the Immigration and Nationality Act ("INA"), such statute must contain as an element proof of an overt act in furtherance of the conspiracy. I previously wrote about that case, but the Ninth Circuit decided to withdraw its prior opinion dated February 20, 2014 and issue a new opinion on December 15, 2014. Separately, the BIA held in Matter of Velasquez-Cruz, that a foreign national's departure from the U.S. after having been convicted criminally in U.S. District Court for illegal entry interrupts the ten-year period of continuous residence required to be established to be eligible for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents ("Non-LPR Cancellation").

Now that everyone is caught up with the latest published decisions, attention can be turned to what the U.S. Supreme Court will do in U.S. v. Texas, for which oral argument begins tomorrow. The case concerns of course the U.S. President Barack Obama's executive actions dated November 20, 2014 to expand the already-existing Deferred Action for Childhood Arrivals ("DACA Expansion") and the new Deferred Action for Parental Accountability ("DAPA"). Now, I have written previously about how the changing demographics in the U.S. have created an environment wherein the racially dominant group(s) in the U.S. feel that power may be shifting to other racial groups within the U.S. and how such perceived prospective power passing causes concerns within the racially dominant group(s) in the U.S. These concerns unsurprisingly spread from the narrow issue of Comprehensive Immigration Reform ("CIR") into mainstream politics and currently is playing a tremendous role in this year's presidential election.

To ensure that there is no shortage of drama, the passing of Associate Justice Antonin Scalia combined with the unlikelihood that the U.S. Senate will confirm President Obama's nominee to fill the vacancy in the ninth seat on the U.S. Supreme Court means that there is a chance that there could be four-four tie, thereby leaving the U.S. Court of Appeals for the Fifth Circuit's decision intact, i.e., no DACA Expansion or DAPA. Some take solace in that possible scenario because it means that there will not be a precedential decision from the U.S. Supreme Court on the issue that would disrupt the ability of President Obama or a future president from trying again to issue the same or similar executive actions on immigration.

Others, however, observe an opportunity: instead of foreseeing a four-four tie, they view a chance for a five-three win, leading to the overturning of the permanent injunction, the implementation of DACA Expansion and DAPA, and the issuance of a precedential decision protecting the president's power to issue such executive actions on immigration. Such a line of thinking involves the reliance on Chief Justice John Roberts' not voting with the rest of the conservatives.

Of course there are other possible scenarios, but they do not lead to the level of drama that a conclusive decision would have, and this year has shown that the American people have not yet had their fill of political drama.