COMMENTS ON PROPOSED PUBLIC CHARGE RULE – 83 FR 51114

USCIS’s proposed public charge rule violates the Due Process and Equal Protection clauses of the Fourteenth Amendment as applied to spouses of U.S. citizens. Additionally, the proposed rule exceeds USCIS’s statutory authority when applied outside the context of applications for visas, admission, or adjustment of status. Lastly USCIS has made analytical errors in studying this… Read More

Additional tips to avoid becoming an EB-5 fraud victim

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