Rachel Browning’s Legal Blog

Smith & Garg, LLC

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Entries from August 2008

Sabe sus acentos extranjeros?

August 27th, 2008 · No Comments

As an immigration attorney, I regularly work with individuals from foreign countries in all parts of the globe.  I’m struck by how some people seem to learn foreign languages with relative ease, such that you barely detect an “accent” from them, while others work for years at it and still sound as though they just began learning. [...]

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Tags: Uncategorized

Dept. of Labor Says Employer Cannot Reject U.S. Worker Based on Resume Alone

August 27th, 2008 · No Comments

The Department of Labor (DOL), Board of Alien Labor Certification Appeals (BALCA), issued a potentially far-reaching decision recently regarding the affirmative processes in which an employer must engage to evaluate potential U.S. workers applying for the job it seeks to offer a foreign worker.
The labor certification process is the first of a series of steps [...]

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Tags: Employment Based Petitions · Green Cards · Immigration · Permanent Residency · Uncategorized

New Resource for Asylum Seekers Fleeing Persecution from Gangs

August 21st, 2008 · No Comments

Recently the Washington Office on Latin America (WOLA, at www.wola.org) published the “Central American Gang-Related Asylum Resource Guide,” intended to give attorneys, activists, policymakers and human rights workers the relevant data needed to understand the complicated and evolving presence of gangs in Central America and the growing number of gang-related asylum cases making their way [...]

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Tags: Comprehensive Immigration Reform · Humanitarian Relief · Immigration · International Law · Uncategorized

The EB-1 Outstanding Researcher Visa

August 14th, 2008 · No Comments

The EB-1 “Outstanding Professor or Researcher” category is available to professors and researchers who are recognized internationally as being outstanding in a specific academic area, with an established, peer recognized research record.
To be eligible, the alien must have:

An offer of employment for a tenured or tenure-track position or a comparable “permanent” research position. The U.S. [...]

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Tags: Adjustment of Status · Artists · Business Law · Employment Based Petitions · Green Cards · Immigration · Permanent Residency · Uncategorized

International Treaties, the ICJ and the Medellin Decision

August 8th, 2008 · 3 Comments

On Tuesday the U.S. Supreme Court (5-4) denied a motion for a stay of execution requested by Jose Ernesto Medellin, a Mexican citizen on death-row in Texas for the 1993 rape and murder of two teenage girls in Houston.  Medellin’s request for a stay was based on a last ditch hope that either the U.S. [...]

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Tags: Constitutional Law · International Law · Uncategorized