Spike in EB-5 Visa Applications Amidst U.S. Recession

Wealthy foreign investors are turning to the EB-5 visa program as a way to qualify for residency in the United States in the aftermath of the U.S. recession. Most of the applicants are from China, with increasing interest from the Latin American elite who are eager to leave home countries, such as Mexico and Venezuela, that are rife with drug violence and political turmoil, according to a report by The Miami Herald.

EB-5 visa applicants are required to invest either a minimum of $500,000 in a U.S. project or business within a high unemployment or rural area, or a $1 million anywhere in the U.S., so long as the investment generates at least 10 jobs for U.S. workers within 2 years. Once the petition is approved, the applicant may bring his or her family to the U.S. under a conditional EB-5 visa that may become permanent if the investment is a success.

There is a risk that if the requirements are not met by the end of the two-year period, the applicants will face deportation. If the project is modified, the applicant must complete a new application to comply with USCIS requirements. The applicant must be able to prove that the investment money was obtained legitimately.

The Obama administration hopes that by making the EB-5 visa process more efficient, wealthy foreign nationals will make investments that will create more jobs for Americans. There is a bill in the Senate that proposes a similar program to help the housing market where foreign nationals would qualify for a visa if they spend $500,000 on real estate.

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Spaulding Hospital North Shore Treats Libyans Injured During Revolution

Libyans who were injured during the uprising against Moammar Khadafy's regime are being treated at Spaulding Hospital North Shore in Salem, Massachusetts. The Libyan National Transitional Council cooperated with the US State Department to facilitate the transfer of the twenty-two wounded men, who are between the ages of 16 and 49. The injuries include bullet wounds, broken bones, post-traumatic stress disorder, nerve and spinal damage, according to The Boston Globe's report. Several of the patients were civilians who were protesting peacefully or transfering medical supplies when they were severely beaten by Khadafy's forces.

The hospital staff prepared for the Libyan patients by undergoing cultural training sessions, installing satellite television so that patients can watch Arabic-language programming, and providing access to computers with Skype to help the patients keep in touch with family members in Libya. One of the patients told The Boston Globe that "It has been a kind and very sincere welcome. It has changed completely my vision of America."

Department of Homeland Security to Review Immigration Court Deportation Proceedings

The Department of Homeland Security ("DHS") will review pending
immigration court removal and deportation proceedings to determine which
cases should be dismissed because they qualify for discretionary
relief. Cases involving immigrants who qualify for Dream Act benefits,
have close family relations, are elderly, or who served in the military
may be dismissed at the request of DHS. DHS will seek to more quickly
adjudicate cases where the immigrant has been convicted of a serious
criminal offense, are threats to national security or who have prior
orders of deportation. DHS intends to begin by reviewing newly filed
immigration cases and then expanding the review to longer pending
cases. DHS intends to provide their attorney with more authority to
seek dismissal of appropriate cases. DHS is quoted as stating: "We are
empowering the attorneys [DHS Trial Attorneys] nationally to make them
more like federal prosecutors who decide which cases to bring."

Prosecutorial Discretion for Deportations Handled Unevenly

The New York Times reported that the Department of Homeland Security is applying new policies encouraging consideration of prosecutorial discretion unevenly throughout the United States. In various cases, Immigration and Customs Enforcement (ICE) has granted relief to immigrants facing deportation even without advocacy. Many of these cases involve immigrants who would have qualified for relief under the DREAM Act pending before Congress. In other circumstances, ICE has resisted granting prosecutorial discretion in the face of guidelines encouraging leniency.

GLAD Event: "Access Denied, DOMA and Immigration A Community Forum"

Specialists from GLAD, Immigration Equality, and Iandoli and Desai P.C. will discuss the latest developments in the fight against the Defense of Marriage Act (DOMA) as it relates to immigration tomorrow, Saturday Oct. 29, 2:00-5:00 p.m. at Harriet Tubman House, 566 Columbus Avenue, Boston, MA 02118. See GLAD website for more information and to RSVP.

Report Highlights Laws and Policies That Fail to Protect Children With LGBT Parents

A report recently released by the Movement Advancement Project, the Family Equality Council, and the Center for American Progress, highlights the hardships faced by children of LGBT parents in the United States. The report is entitled All Children Matter: How Legal and Social Inequalities Hurt LGBT Families, and explains that current laws create barriers to achieving "loving, stable homes for children" by denying children of LGBT parents legal ties to one parent, parents' ability to act as effective guardians of their children, denying LGBT families financial protection when a parent dies or is disabled, and denying children of LGBT parents the protections of family unity under federal immigration law. The report also illustrates that LGBT families are more likely to fall through government safety net programs, and are more likely to be poor. The report concludes with "recommendations for policymakers to help reduce or eliminate inequities, and improve the lives of children with LGBT parents." A copy of the full report can be found here. Also see video of panel discussion of the report hosted by Center for American Progress Event:

NY Highest Court Rules Deported Immigrants Entitled To Appeals

The New York Court of Appeals, in a decision on two companion cases (People v. Gardner and People v. Ventura), ruled yesterday that the Appellate Division, Second Department, abused its discretion by declining to hear appeals in criminal cases because the defendants had been deported after being released from jail. Carlos Ventura was deported to the Dominican Republic in 2008 after being convicted of stealing a car. Damian Gardner was deported to Jamaica for overstaying his visa in 2009 after being convicted of seventh-degree drug possession and serving 60 days in jail. The Court of Appeals ordered review of both cases on the merits and stated: "Ventura and Gardner had an absolute right to seek appellate review of their convictions...[they] were involuntarily removed from the country and their extrication lacked the scornful or contemptuous traits that compel courts to dismiss appeals filed by those who elude criminal proceedings...they, and other similarly situated defendants, have a greater need to avail themselves of the appellate process in light of the tremendous ramifications of deportation." See article in Wall Street Journal. The opinion can be found here.