Crimes Involving Moral Turpitude: Posner’s Blistering Concurrence in Arias v. Lynch (7th Cir. 2016)

posnerJudge Richard Posner of the U.S. Court of Appeals for the Seventh Circuit is perhaps the most-cited legal scholar of the twentieth century. His reputations for brilliance and for rudeness are both on display in his concurring opinion in Arias v. Lynch (7th Cir. 2016). Continue reading Crimes Involving Moral Turpitude: Posner’s Blistering Concurrence in Arias v. Lynch (7th Cir. 2016)

Quick Takes on U.S. & China Visa Law News

visa-law-news-briefsHoping to Work in China? If You’re a Class C Foreigner, It May Be Tough (Didi Kirsten Tatlow for the New York Times, Sept. 21): Another preview of the unified work permit for foreigners.

Unified Work Permit for Foreigners on Way (China Daily, Sept. 9): China plans to combine the existing two tracks to obtain work authorization into a single process. Currently, one track involves applying to the Human Resources and Social Security Bureau for a work permit (就业证), and the other track involves applying to the Foreign Expert Bureau for a foreign expert permit (专家证). The new process will result in issuance of an ID card with a unique ID number for the foreign worker. A pilot program will begin in Beijing, Shanghai, Tianjin, Hebei, Anhui, Shandong, Guangdong, Sichuan, and Ningxia beginning in
October. Continue reading Quick Takes on U.S. & China Visa Law News

Nonimmigrants: Admission, Rights, and Responsibilities

passport-graphic designThis article discusses the requirements and procedures for admission to the U.S. as a nonimmigrant. It also covers your responsibilities in order to maintain legal nonimmigrant status.[1] It’s important to be familiar with these responsibilities because a violation may make you ineligible for extension of status or change of status, ineligible for adjustment to lawful permanent resident status, and in some cases deportable from and inadmissible to the United States. Continue reading Nonimmigrants: Admission, Rights, and Responsibilities

USCIS Proposes Rule to Allow Parole for Certain Start-Up Entrepreneurs

startupForeign entrepreneurs would have an easier time starting businesses in the U.S. under proposed regulations released Aug. 26 by the Department of Homeland Security, according to Bloomberg. Continue reading USCIS Proposes Rule to Allow Parole for Certain Start-Up Entrepreneurs

Chinese Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

NPCDid you think the Cold War was over? The U.S. Immigration and Nationality Act still makes ineligible for permanent residence and citizenship certain persons who have been members of or affiliated with the Communist Party. The Chinese Communist Party (CCP) has some 80 million members, so this ground of ineligibility is a key issue for immigration lawyers representing Chinese clients.

Continue reading Chinese Communist Party Membership Makes Some Ineligible for U.S. Green Card and Citizenship

China Planning New Agency to Regulate Immigration

Exit-Entry BureauBloomberg is reporting that the Chinese government is planning to create a new agency to regulate immigration. The agency would be formed by “merging and expanding the ministry’s border control and exit-entry administration bureaus and could be set up before year-end.” The story cites as its only source “people with knowledge of the plans.” Continue reading China Planning New Agency to Regulate Immigration

Non-Scandal? Dual Chinese-Canadian Nationals Denied Chinese Visas

hong-kong-canadaSeveral media outlets reported this week on two teenagers who applied for mainland Chinese visas in Toronto but were denied. The Chinese Consulate did not explain the denials, but apparently the reason was that although the teenagers were born in Canada and hold Canadian passports, they had acquired Chinese nationality at birth through their parents born in Hong Kong, so should travel on Chinese travel documents. Continue reading Non-Scandal? Dual Chinese-Canadian Nationals Denied Chinese Visas

The Meaning of “Extreme Hardship” for Waiver Purposes

hardshipA person found ineligible for a visa may nonetheless qualify one of the various “waivers” allowing visa issuance. Often, issuance of a waiver requires that the applicant prove a qualifying relative will experience “extreme hardship” if the waiver is not granted. Continue reading The Meaning of “Extreme Hardship” for Waiver Purposes

Uturn Asia: Gambian Migrants to China Going Back Home

africans-in-chinaThere are many different stories of Africans students, traders, and professionals pursuing their own Chinese dreams.

Dating back to the Cold War, there have been African students on scholarships to Chinese universities. Today, many report home about the luxurious conditions, excellent teaching, and the warm welcome. Continue reading Uturn Asia: Gambian Migrants to China Going Back Home