David C. Tobin
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Category Archives: Immigration Law

Potential Progress on Immigration Reform

Both sides in Congress seem to agree that some sort of comprehensive immigration reform is necessary. Until now, however, that has been the extent of their agreement. Nevertheless, recent moves by the Republican-controlled House of Representatives have indicated that some compromise may be possible in the future.  In an announcement on January 30, 2014, House… Read More »

U.S. Supreme Court Decision in Arizona v. United States

The immigration enforcement law passed by Arizona in 2010 made national headlines and was both controversial and influential. Although the Supreme Court struck down many provisions of the law, the most controversial aspect, the so-called show me your papers provision, remains. Other provisions of the law were struck down because they were obstacles to the… Read More »

Changes to Immigration Laws for Same-Sex Couples Following the U.S. Supreme Court’s Decision on DOMA

In Windsor v. United States, the U.S. Supreme Court struck down a major provision of the Federal Defense of Marriage Act (DOMA). As a result of the Windsor decision, visa applications based on same-sex marriages will be adjudicated the same way applications for opposite-sex spouses would be. Engaged same-sex couples will also be treated the way… Read More »

Living the DREAM: the Push Toward Immigration Reform

Our firm assists individuals and institutions move forward with the immigration processes needed to fulfill their residency and business goals. Right now, immigration law is on the front burner of American politics. First introduced over a decade ago, the Development, Relief and Education for Alien Minors (DREAM) Act was intended to serve as a pathway… Read More »

Intracompany Transfers and U.S. Immigration Law

In an increasingly globalized economy, companies are no longer bound by national borders. And while U.S. immigration policy and law aims to reserve domestic work for domestic workers, it also recognizes that companies operating in the U.S. should be able to use their current employees when necessary, regardless of their national origins. For this reason,… Read More »

What is a Labor Department Certification?

In an increasingly globalized economy, employers throughout the United States have turned to foreign shores to get the talent they need to operate their businesses. There is, however, a frequent misconception that employers’ primary goal in doing this is to import cheap labor, increase competition among potential employees and thereby decrease the overall market wage…. Read More »

Who Qualifies for Deferred Action Status?

In general, if you would have qualified for benefits under the DREAM Act, you qualify for deferred action status under Deferred Action for Childhood Arrivals (DACA). Under DACA, you may apply for deferred action status. If granted, deferred action status will give you a legal work permit, a Social Security number, and — depending on… Read More »

Deferred Action and Licenses to Drive

The DREAM Act — Development, Relief and Education for Alien Minors — seems indefinitely stalled in the legislature. To make some progress on the issue of illegal immigrants who entered the country as children — who did not choose to violate American immigration law — President Obama recently instructed the Department of Homeland Security (DHS)… Read More »

I Have an Approved I-130: Can I Apply for Deferred Action?

To qualify for benefits under the Obama Administration’s take on the DREAM Act, you must currently not have legal status to live and work in the United States. The Deferred Action for Childhood Arrivals (DACA) program, in effect since August 15th, 2012, aims to help ‘innocent’ out-of-status immigrants — those who arrived as children and… Read More »

What’s the Difference Between a Green Card and a Visa?

In colloquial English, we describe all non-native born people who live, study or work in the United States as immigrants, and non-native born people who come to travel and take in the sights as tourists.  But federal law restricts the immigrant category to people who want to live in the United States permanently.  All others… Read More »

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