In a recent call with EB-5 stakeholders, USCIS discussed several tips for avoiding EB-5 fraud. Similar tips can be found on the SEC’s website, which includes an investor alert issued in 2013. Some of the tips, however, may be less than effective. For example, asking if the promoters are being paid will not help if the promoters do not tell the truth. Instead of relying on the word of promoters, prospective EB-5 investors may want to focus on conducting independent research and learning from SEC enforcement actions in the EB-5 context. Read More
Prescription medication: a hidden risk when crossing the US border
Imagine traveling to the United States by car with your prescription medication in a pill organizer. You are referred to secondary inspection while officers search your car and discover your pill organizer. Later, local police arrive, inform you that you have the right to remain silent, and issue you a notice to appear in court to defend a criminal charge. Read More
Border Security: America’s Front Line – Season 1, Episode 8
This show is available on Netflix, and is worth watching for anyone practicing U.S. immigration law because the penalties presented on camera are far less severe than the actual penalties that the travelers likely suffered. While not necessarily deliberate, the picture presented to viewers may set up unwitting travelers to a game of ‘gotcha’ at the port of… Read More
A template for DHS rulemaking petitions
On November 28, 2016 the Department of Homeland Security (DHS) published a final rule defining the process for submitting a rulemaking petition to this agency. This rule adopts the changes to 6 CFR Part 3 published in DHS’s interim rule on July 21, 2016. Except for petitions to the Coast Guard and FEMA, any rulemaking petition… Read More
E Visa Power Rankings
The existence of a treaty is the first requirement for obtaining an E visa. Below are the power rankings for E visa treaty countries based on duration of visa validity. The rankings are organized along the ROYGBV scale as follows: 60-month validity 48-month validity 24 to 36-month validity 12-month validity Less than 12-month validity 0-month validity (but still… Read More
Brief Notes and Comments on Proposed Changes to 8 CFR
On May 4, 2016 the Department of Homeland Security published proposed changes to Title 8 of the Code of Federal Regulations. While the greatest focus on these proposed changes has been on the fee increase, there are some other areas that may be important and warrant comment. The point of this post is not to… Read More
Welcome
to the Pacific Northwest Cross Border Law Blog (“PNXBLB”). The goal of this blog is to serve as a practice resource for other attorneys, so you won’t see any advertising masquerading as thoughtful content. Daily updates are unlikely because producing useful posts will take some time. If we are achieving our goal, however, then there should… Read More