Immigration Visa Attorney Blog

We wanted to make sure you were aware of an interesting piece of legislation that was recently introduced by two members of the U.S. Senate.

In May, Senators Lamar Alexander, a Republican from Tennessee and Chris Coons, a Democrat from Delaware, introduced Senate Bill 3192, which carries the title: "Sustaining our Most Advanced Researchers and Technology (SMART) Jobs Act of 2012.

According to the authors, SB 3192 is designed to create a path for non-citizens who earn a masters or doctoral degree in a STEM field from an American university to remain in the country for up to a year while they search for employment related to their field of expertise. Once they have received employment, they would be eligible for a green card. Additionally, these STEM-specific green cards would not count towards any caps or limits already in place.

Continue reading "Senate Bill 3192" »

A recent case brought before the Sixth Circuit Court of Appeals highlights the issue of immigrants facing removal based on the Immigration and Nationality Act's (INA) policy dealing with so-called crimes involving moral turpitude (CIMT).

INA code refers to elements of CIMT as most commonly involving fraud, larceny and "intent to harm persons or things." Along with giving or being aware of false testimony, there is a long list of crimes the government believes contain "an inherently evil act." Everything from arson, to bribing a public official, to assault and murder is included.

In the case before the Sixth Circuit, the judge was asked to rule on whether the crime of felony-flight is one that involves moral turpitude. Mexican native Armando Ruiz-Lopez entered the country in 1991 and had been living in the U.S. for six years when he was pulled over for speeding less than a mile from his home. He continued driving and pulled into his driveway where he was arrested. As a first-time offender Ruiz-Lopez received a 40-day prison sentence and two years of community supervision for felony flight.

Continue reading "Crime Involving Moral Turpitude" »