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Full-Text Articles in Law
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Ending The Widow Penalty: Why Are Surviving Alien Spouses Of Deceased Citizens Being Deported?, Jayme A. Feldheim
Fordham Law Review
Although our nation generally permits aliens to apply to become lawful permanent residents of this country through their marriages to American citizens, U.S. Citizenship and Immigration Services (USCIS) automatically denies these applications when the citizen spouse dies within two years of the marriage. Termed the “widow penalty,” certain federal courts have rejected this policy as being both unreasonable and in opposition to the plain meaning of 8 U.S.C. § 1151, the statute which categorizes aliens as immediate relatives of U.S. citizens and thus grants them this opportunity. This conflict between the Agency and the judiciary, in turn, has caused a …
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Outsourcing Immigration Compliance, Eleanor Marie Lawrence Brown
Fordham Law Review
Immigration is a hot-button issue about which Americans have sent a clear message. They prefer not to admit more aliens until the government is able to screen credibly for entrants who will abide by the terms of admission and sanction those who do not. While immigration debates now focus almost entirely on undocumented workers, they have overshadowed another critical, yet poorly understood, challenge: designing institutions to screen properly for aliens who are visa-compliant and sanction noncompliant aliens. Because failed guest worker programs unquestionably increase the size of the undocumented population, this Article addresses the difficulty of institutional design by analyzing …
A View From The Immigration Bench, Noel Brennan
A View From The Immigration Bench, Noel Brennan
Fordham Law Review
No abstract provided.
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Regulating Immigration Legal Service Provider: In Adequate Representation And Notario Fraud, Careen Shannon
Fordham Law Review
Immigrants are often easy prey for bogus or incompetent attorneys, "notarios," scam artists, and other bad actors who take advantage of immigrants' limited knowledge of U.S. law, lack of English fluency, and lack of cultural knowledge to charge exorbitant fees for wild promises of green cards and citizenship that the bad actors annot-or in some cases never inteded to-deliver. Such exploitation is merely a symptom, however, of the larger prolem of inadequate access to competent legal counsel by foreign nationals seeking to navigate our labyrinthine scheme of immigration laws, regulations, and policies. ontrary to popular belief, not all of these …