Immigration Update

October, 2013                                                            Vol. 5 Issue 9

In this October Update
Federal Government Opens
Impact of Government Shutdown
November Visa Bulletin
House Immigration Bill
DS-160 for K Visas
Denial of Green Card based on False I-9 Claim
New and Noteworthy
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Federal Goverment Opens, but 
Backlogs Remain

After a self-inflicted shutdown, Congress and President Obama came to an agreement and federal agencies doors reopened. The after effects will be lasting for some time. E-Verify, visa applications and immigration reform will slowly but steadily ramp up to preshutdown status. Hopefully, Americans and immigrants will not see a repeat performance in January.

Past and Future Impact of  the Governmnet Shutdown on Immigration Services
american-flag-building.jpgFor 16 days in October, many immigration and employment verification services were affected as a result of the federal government shutdown. Based on the temporary resolution this situation could repeat itself again in January. Click here to read an overview of how services were impacted and guidance for the future.

November Visa Bulletin Released

In the employment categories, the Bulletin shows no movement for EB-2 or EB-3 India. EB-2 China advanced by 23 days and EB-3 China, Mexico and worldwide advanced by 92 days. The family categories show slight progress but FB-2A remains unchanged for all nationalities with a cutoff date of September 8, 2013.  We expect slow progress in December as a result of the federal government shutdown and cases not being processed. Click here to read the entire bulletin.
House Democrats Introduce
 Immigration Bill, H.R. 15

On October 2, H.R. 15, comprising 1137 pages, was introduced in the House.  The bill is based on the bipartisan Senate bill, S.744 and unlike others considered by the House provides a pathway to citizenship for undocumented immigrants currently in the U.S., conditioned upon them meeting multiple requirements.  The bill enhances border security measures, mandates E-Verify for all employers over a five year period, eliminates country-specific limits on employment-based visas and raises the H-1B cap to up to 180,ooo based on market needs.  Some House Republicans have indicated that they are open to consider this bill.  Click here to read more.  

 DOS Transitions to DS-160 for K Visas

The DS-160 Nonimmigrant Visa Electronic Application has finally replaced the DS-156, DS-156K and DS-230.  For most K Visa cases already in process at a U.S. embassy or consulate, the DS-160 is not required.  Click here to read more.

Green Card Denied Based On False Claim to U.S. Citizenship on Form I-9

 The Board of Immigration Appeals (BIA) sustained the denial of a "green card" application for a citizen of Ghana who was admitted to the U.S. as a student and to obtain employment claimed to be a citizen on the Form I-9. In denying the appeal, the court noted that a false claim to U.S. Citizenship is a violation of U.S. immigration laws for which there is no waiver.  To read the opinion, click here.


 I am honored by recent professional recognitions 
The American Lawyer & Corporate Counsel magazine teamed up with Martindale-Hubbell™ and selected Jep Barbour and me as "2013 Top Rated Lawyers."   
Jep was recognized as top healthcare lawyer and I was recognized as top immigration lawyer.  We are both 
AV rated attorneys, the highest rating possible by Martindale-Hubbell.  
I was featured as a Thought Leader in the October/November issue of Jacksonville's 904 magazine. Click here to read the article.  


 Got Pink?


On Friday, October 4th, Marks Gray, P.A. employees participated in Lee National Denim DayŽ, a fundraiser created by LeeŽ Jeans where participants donate money in exchange for wearing jeans to work. Marks Gray employees proudly wore their pink ribbons to support American Cancer Society research.
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Giselle Carson
Attorney at Law
Marks Gray, P.A.
1200 Riverplace Blvd., Suite 800
Jacksonville, FL 32207
(904) 398-0900
If you need assistance with any immigration-related issues, please contact Giselle Carson or Thyra Reveron at (904) 398-0900.

Marks Gray, P.A. is dedicated to customer service. We monitor proposed and current developments in the law. The contents of this newsletter are not intended as legal advice related to individual situations. If you have any questions about your particular situation, please contact a lawyer.