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August 2015 Archives

Obtaining citizenship through the green card lottery

As many South Carolina residents realize, a green card can be an important factor for an individual who wants to remain in or immigrate to the United States. They may be surprised to know that some green cards are granted by lottery. Each year, the nation offers 50,000 visas through its lottery program, allowing some potential immigrants to bypass the typical application process.

Trump questions birthright citizenship laws

Anyone who is born in South Carolina is automatically considered a U.S. citizen regardless of their parents' immigration status. In 1898, the U.S. Supreme Court affirmed the concept of 'birthright citizenship" in a case involving a Chinese-American who was refused re-entry to the U.S. after visiting China. The court decided that the United States' founders had written birthright citizenship into the 14th Amendment after adopting Anglo-American laws dating back to 1608.

Birthright citizenship and the 14th Amendment

Most South Carolina residents know that immigration has been a major issue in American politics. Some lawmakers are arguing that "birthright citizenship," or automatic citizenship for those who are born in the U.S., should be ended. However, legal scholars have argued that the 14th Amendment to the U.S. Constitution protects birthright citizenship.

H-2 workers sue employer for unpaid overtime

Unscrupulous employers sometimes take advantage of immigrant workers who come to South Carolina or other states on H-2 temporary foreign worker visas. Though the H-2 visa program allows immigrants to work legally in the United States, some employers threaten H-2 workers with deportation when they complain about poor working conditions.

Newly proposed EB-5 bills wending through Congress

Foreigners who are considering starting new ventures in South Carolina may be interested to learn about three different proposed bills currently moving through Congress that would each change the EB-5 visa program in different ways. All are geared to reforming the program, which allows people to invest in new businesses in the United States and then move to the country in order to run them.

The Simeio decision and H-1B update requirements

Many South Carolina business owners may be confused about whether they need to file H-1B updates for employees who moved to new work locations before the decision in Matter of Simeio Solutions, LLC, or Simeio, came out. The ruling, which was issued on April 9, requires employers to amend H-1B visas for employees anytime those employees were moved to a new geographical location.

Feds ask judge not to release immigrant children from detention

South Carolina readers may be interested to learn that the U.S. government has asked a federal court to reverse its decision to release all children and their mothers who were detained while entering the U.S. illegally from Mexico. The Justice Department filed the request in the U.S. District Court for the Central District of California on Aug. 6.

Visa applicants told to return work permits

Those who have immigrated to South Carolina and other states may find that they are being asked to turn in their work visas if they were issued after February 16, 2015, due to a federal injunction placed by a judge in Texas, according to recent reports. The court order places on hold the issuance of any visas based on the Obama administration's Deferred Action for Childhood Arrivals program and will affect at least 2,100 applicants who were erroneously mailed work permits after that date.

Immigration officials battle judge over contempt

Officials in South Carolina as well as throughout the United States have found themselves battling the federal government over the issuance of more than 2,500 work permits that were declared invalid after a controversial immigration initiative was halted by the courts. Some may soon be affected by the ruling, including Homeland Security Secretary Jeh Johnson.

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