SEC files complaint against Joel Burstein for conduct related to the Jay Peak EB-5 Fraud

On September 6, 2018 the SEC filed a complaint against Joel Burstein for conduct related to a fraudulent scheme connected to an EB-5 regional center. The SEC alleges that Mr. Burstein aided and abetted fraud “in connection with the purchase or sale” of securities, and aided and abetted fraud in the offer or sale of… Read More

Background on SEC v. South Atlantic Regional Center, et. al

This suit has been a long time coming. Both the SEC and the Department of Homeland Security have been aware of the issues with this project since at least as early as March 31, 2015. Investors in this project filed suit against the regional center, the promoters, and others in March 2015. The hotel at… Read More

Simple Planning for Canadians seeking admission to the US as visitors

Unlike citizens of most other countries, Canadians are not required to obtain a visa before applying for admission to the U.S. as visitors (8 CFR 212.1(a)). Instead, Canadians may apply for admission to the US as a visitor by proceeding to a US port of entry and presenting themselves for inspection. To be classified as… Read More

Overlooked details in the story of the Canadian yarn merchant at the U.S. border

A week or two ago CBC ran this story about a Canadian vendor who landed a vendor’s booth at a trade show in Maryland. She loaded approximately “11 grand” worth of product into her car, along with an employee, her parents, and paperwork apparently in order, then proceeded to a U.S. port of entry. Ultimately,… Read More

Extended Visitor Travel to the US and CBP Procedures at Vancouver International Airport

A few months ago a friend reached out to me for some guidance crossing the border. His long-time girlfriend had to attend an 8-month training in the US for work. Her company took care of her work-authorization, but my friend was on his own. Lucky for him, his employer was going to allow him to… Read More

The admissibility of Elizabeth May

On the Jeff O’Neil Show this morning they mentioned that Elizabeth May had been charged with contempt of court. Breathlessly, the hosts proclaimed that now she “can’t cross the border.” Apparently this situation is much more benign. May has been charged with civil contempt, but the judge recommended that she be charged with criminal contempt. In either… Read More

What does the rule prohibiting “evidence of… immigration status” mean?

The Washington State Supreme Court recently ordered the creation of a new rule of evidence to become effective on September 1, 2018. Generally, in both civil and criminal cases “evidence of a party’s or a witness’s immigration status shall not be admissible.” In civil and criminal cases there is an exception when “immigration status is an essential… Read More

First-person account of the naturalization interview and ceremony

Update 6/7/2018: Since this post has become the most popular piece on this blog, I thought I should invite readers to contact my office with questions about the naturalization process. On Tuesday January 30, 2018 I became a US citizen. I submitted Form N-400 just before Christmas of 2016, and completed biometrics in early 2017.… Read More

Workplace Enforcement and Basic I-9 Compliance

On January 10, 2018 Immigration and Customs Enforcement (“ICE”) executed its “7-Eleven Operation.” According to ICE’s Deputy Director, Thomas D. Homan, “ICE will continue its efforts to protect jobs for American workers by eliminating unfair competitive advantages for companies that exploit illegal immigration.” Both Fox News and NPR described ICE’s efforts as “raids.” On the… Read More