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Kathleen Campbell Walker
El Paso, Texas
Past President and General Counsel- American Immigration Lawyers Assoc.; Shareholder Cox Smith Matthews law firm
Interests: Immigration and International Trade Law; Border Security; Languages; Travel; Showing Horses; and Fly Fishing
Recent Activity
It seems innocuous – an anachronistic paper form being replaced by an electronic process. Customs and Border Protection (CBP) will start a money saving and security enhancing project to end the issuance of the paper I-94 (arrival/departure) record at air and sea ports (not land) in a staged process starting... Continue reading
Posted Apr 30, 2013 at Immigration in Focus
The Senate summary issued today of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (BSEOIM) is an intricate, complex, and bold proposal. (See attached) It provides for some radical changes to our dysfunctional immigration system. The Gang of Eight should be congratulated for having the intestinal fortitude... Continue reading
Posted Apr 16, 2013 at Immigration in Focus
USCIS clarified on April 9 with a Federal Register Notice that the new Form I-9 must be used as of MAY 7, 2013. The summary language from the notice is posted below: SUMMARY: On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register... Continue reading
Posted Apr 12, 2013 at Immigration in Focus
United States and Citizenship Services (USCIS) has posted contradictory information on the exact date that the new I-9 form (Rev. 03/08/13)N must be used. The revision date is referenced on the lower left hand corner of the form. The Federal Register notice indicates that prior versions of the form can... Continue reading
Posted Mar 28, 2013 at Immigration in Focus
United States Citizenship and Immigration Services (USCIS) issued a new version of the Form I-9 today, March 8, 2013. http://tinyurl.com/c96fsr The Form I-9 is required to be used by employers to verify the identity and employment eligibility of new hires. When is it effective? March 8, 2013. Yes, employers hiring... Continue reading
Posted Mar 8, 2013 at Immigration in Focus
In my January 2, 2013 blog entry, I discussed the announcement by U.S. Citizenship and Immigration Services (USCIS) about a change for certain immediate relatives that would help spouses and parents of U.S. Citizens reduce the time of separation due to the processing of waivers of unlawful presence. Please refer... Continue reading
Posted Mar 6, 2013 at Immigration in Focus
The automatic spending cutback ("sequestration") is scheduled to take place March 1, 2013, at 11:59 EST. Notices to employees subject to furloughs will go out with a possible start date of approximately 30 days from now. The Department of State (DOS) has warned that sequestration will result in diminished consular... Continue reading
Posted Mar 1, 2013 at Immigration in Focus
Has the goal of immigration reform for our current dysfunctional system truly met its match in the constantly changing condition precedent of “Border Security?” The Secure Border goal has been a consistent roadblock thrown up against any form of immigration reform moving forward on the hill since 2007. Let’s face... Continue reading
Posted Feb 20, 2013 at Immigration in Focus
Secretary Napolitano of the Department of Homeland Security (DHS) was again under the microscope during the February 13 Senate Judiciary Committee hearing on Comprehensive Immigration Reform regarding the attainment of the elusive undefined goal of “border security.” The goal that continues to muck up efforts to achieve immigration reform. From... Continue reading
Posted Feb 17, 2013 at Immigration in Focus
Due predominantly to the Republicans poor showing in the recent election and the strength of the Hispanic vote, it appears that immigration reform legislation is on more than just life support. We have the bipartisan Senate principles announced on the 28th, the bipartisan business I-Squared Act of 2013 to be... Continue reading
Posted Jan 29, 2013 at Immigration in Focus
On January 2, 2013, Department of Homeland Security (DHS) Secretary Janet Napolitano announced the posting of a final rule in the Federal Register that allows certain immediate relatives of U.S. citizens who are physically present in the U.S. to apply for a provisional unlawful presence waiver from within the U.S.... Continue reading
Posted Jan 2, 2013 at Immigration in Focus
The Diversity Visa (DV) program is a congressionally-mandated annual program that allows up to 55,000 applicants from nations that are historically under-represented in terms of migration to the United States (U.S.) to qualify each year for immigrant visas. The program, which is administered by the Department of State (DOS), is... Continue reading
Posted Sep 21, 2012 at Immigration in Focus
Wednesday, August 15, is the first day that a person may apply for deferred action under the Deferred Action for Childhood Arrivals (DACA) process. U.S. Citizenship and Immigration Services (USCIS) held a stakeholder call on August 14 in which the forms and process were outlined. USCIS has posted detailed information... Continue reading
Posted Aug 14, 2012 at Immigration in Focus
Contrary to the normal interpretation of the word, “expire,” the current Form I-9 (OMB-0047) with a revision date of 8/7/09Y and an expiration date of 8/31/12 will not expire on August 31. On August 13, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice on its website for employer... Continue reading
Posted Aug 13, 2012 at Immigration in Focus
On June 20, 2012, the U.S. Embassy in Mexico City announced a program to attempt to encourage foreign direct investment in the United States (U.S.). U.S. consular operations in Mexico rank number four worldwide in the U.S. State Department for the issuance of E-1 (Treaty Trader) and E-2 (Treaty Investor)... Continue reading
Posted Jul 1, 2012 at Immigration in Focus
Today, the Supreme Court of the United States (SCOTUS) issued its opinion regarding whether to uphold the Ninth Circuit’s decision that the United States (U.S.) had established a likelihood of success on its preemption arguments against the implementation of four provisions of the Arizona statute known as S.B. 1070. One... Continue reading
Posted Jun 25, 2012 at Immigration in Focus
Now that the dust has settled on President Obama’s June 15th announcement that certain undocumented who came to the United States (U.S.) under the age of sixteen and are low immigration enforcement priorities will be able to apply for deferred action perhaps in 60 days (August 22, 2012). As noted... Continue reading
Posted Jun 22, 2012 at Immigration in Focus
On June 15, 2012, President Obama announced that the U.S. Department of Homeland Security (DHS) will grant deferred action to undocumented immigrants who meet certain criteria. This directive provides a temporary reprieve from deportation for many undocumented immigrants who would have qualified for immigration benefits under the failed DREAM Act,... Continue reading
Posted Jun 19, 2012 at Immigration in Focus
I am currently at the Annual Conference of the American Immigration Lawyers Assoc. (AILA) in Nashville. USCIS will be briefing us today on their announcement of the discretionary grant of deferred action and potential work authorization to certain students without status in the U.S. today. Continue reading
Posted Jun 15, 2012 at Immigration in Focus
On January 19, 2012, President Obama announced that the Departments of State (“DOS”) and Homeland Security (“DHS”) are working together to improve visa and foreign visitor processing and to promote travel for certain foreign travelers in order to create jobs and spur economic growth in the United States (“U.S.”). The... Continue reading
Posted Jan 19, 2012 at Immigration in Focus
Believe it or not, for those foreign nationals subject to registration in the U.S., a failure to notify of a change of address within ten days from the date of the change can expose the foreign national to removal from the U.S. as well a misdemeanor charge punishable by a... Continue reading
Posted Aug 23, 2011 at Immigration in Focus
On August 18, 2011 in a letter addressed to Senator Reid and 21 other Senators http://tinyurl.com/43hwtbt, Secretary Napolitano of the Department of Homeland Security (DHS) gave procedural legs to a prosecutorial discretion memorandum issued by John Morton, Director of Immigration and Customs Enforcement (ICE), in June. http://tinyurl.com/6j49mv3. Some are already... Continue reading
Posted Aug 22, 2011 at Immigration in Focus
This week, United States Citizenship and Immigration Services (USCIS) announced the availability of its Self Check employment eligibility confirmation system to residents in an additional 16 states. Back in March of this year, USCIS started the system for residents of Arizona, Colorado, Idaho, Mississippi, Virginia, and District of Columbia. http://tinyurl.com/66a8sqo... Continue reading
Posted Aug 19, 2011 at Immigration in Focus
Texas legislators managed to put the state in a less competitive position to attract foreign physicians with the passage of SB-189, which modifies Chapter 163 of the Texas Medical Board ("TMB") Rules. The bill becomes effective on September 1, 2011 and the TMB rules related to this provision will become... Continue reading
Posted Aug 18, 2011 at Immigration in Focus
You would think that foreign investors trying to invest money in the U.S. and create jobs might be welcomed with open arms in such difficult economic times, but many investors decide to go to other countries due to the complexity and unpredictability of our immigration laws. On August 2, the... Continue reading
Posted Aug 17, 2011 at Immigration in Focus