Wilner & O'Reilly, APLC
One Practice. One Focus. One Passion: Immigration Law.

August 2015 Archives

Trump plan challenges birthright citizenship

The dean of a California law school says the issue of birthright citizenship has been settled law since at least March 28, 1898, when the U.S. Supreme Court ruled on the case of a Chinese American who had been born in 1873 in San Francisco. The Court noted that its interpretation of the meaning of the 14th Amendment depends on the adoption of Anglo-American law dating back to 1608, long before the establishment of the nation. In a nutshell, any person born here is a U.S. citizen, according to the dean.

California children can benefit from parents' new ciitzen status

California parents may be interested to learn that their own quests for citizenship can have direct impacts on their childrens' status. There were already multiple avenues by which children who were under the age of 18 on Feb. 18, 2001 could obtain citizenship. Under today's more-lenient guidelines, however, many other children may be eligible for citizenship based on their parent's naturalization.

Updates to H-1B amendments for workplace changes

A recent clarification of employment visa requirements may have left some California employers scrambling to meet an August 19 deadline. USCIS determined in April that employers are required to file an amended H-1B petition if a worker under such a visa will move to a different geographical work location. Although a situation arose involving one worker and their employer, USCIS indicated that all employers were responsible for updating their H-1B petitions if workers had been relocated outside of the same metropolitan areas initially used on the petitions.

California representative proposes EB-6 visa category

A California member of the U.S. House of Representatives is one of two sponsors of a bill that would modify the rules and regulations surrounding investment visas. The legislation, termed the Entrepreneurial Business Creating Jobs Act, seeks to add an EB-6 category for foreign individuals who are able to raise money for a business by securing investors.

Court order affects some DACA work permit holders

Residents of California who have received work permits under the Deferred Action for Childhood Arrivals program may be affected by court action that took place in Texas on Feb. 16, 2015. A federal court issued an injunction against the expansion of that program, and that nullified all three-year work permits that were sent out to DACA applicants after the injunction. Some permits were issued prior to the injunction but were returned. Because these were re-sent after the injunction, they are also invalid. DACA is a program that was formulated to provide undocumented individuals who came to the U.S. as children an opportunity to remain and work legally.

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