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John Patrick Leyba Can Now Call Himself a Cowboy

April, 2008
John Patrick Leyba

The Exchange Visitor Program is pleased to announce John Patrick Leyba as April’s Exchange Visitor of the Month. Each month, we select an exchange visitor who has made an effort to get involved in his/her community and explore American Culture. Read more...

LGBT Couples Facing Increased Immigration Tensions

Published on Mon, Oct 10, 2011

CHICAGO—According to the Immigration Policy Center, there are approximately 36,000 same sex, bi-national couples living in the United States. These couples have to reach out to alternative methods such as student visas or other legal resources in order to remain together.

 Kevin Goodman is associate dean at St. James Cathedral, in Chicago. He met Anton Pulung-Hartanto, who is originally from Indonesia, at Disney world in 2000.

“I went to Disney with a youth group, to try to show them that one could have a religious experience in a place like that, and that’s where I met my partner”, said Goodman at a forum on LGBT Immigrant Rights held at the Adler School of Professional Psychology on September 27th.

Pulung-Hartanto worked at Disney, in Florida, as a cultural host with a Q-1 visa, which is provided specifically for cultural exchange programs.

They have been together for 12 years and plan on marrying next spring in Vermont, said Goodman.

The Final Option

Goodman is from New Orleans and grew up tied to the All Saints’ River Ridge Episcopal church. He studied communication and worked as a television producer. But he’s always been interested in Asian cultures, which is why he traveled to Xi’an in the Republic of China and has taken Asian Studies courses. He also studied in the theological seminary in New York, where his work with indigent youth and people with HIV began.

When he arrived in Chicago he worked with The Night Ministry program, specifically with indigent youth in the Lakeview neighborhood. He was also working with the St. Matthew church in Evanston through the Ravenswood Community Services agency and now with St. James Cathedral.

When Pulung-Hartanto’s Q-1 Visa expired, he applied for a Student I-20 visa which allowed him another 10 years in this country. He studied culinary arts at Saint Augustine College.Read more...

Published in the New American Media

LAC Wins Release of H-1B Fraud Documents for AILA

For Immediate Release

LAC Wins Release of H-1B Fraud Documents for AILA

November 9, 2012

Washington, D.C.—USCIS released in full the four remaining contested documents in a FOIA lawsuit brought by the American Immigration Council’s Legal Action Center (LAC) and Steptoe & Johnson LLP on behalf of AILA. The documents plainly describe - in more detail than documents previously released in this lawsuit - “fraud indicators” that result in greater scrutiny of certain H-1B applications. These documents are troubling evidence of a near presumption of fraud in H-1B applications submitted by small and emerging businesses and for certain types of positions at these businesses.  The following documents were released:

Background of the LawsuitRead more...

Understanding the Final Rule for J-1 Trainee and Intern Programs

New final rules became effective Sept. 9, 2010 for J trainee and intern programs 22 C.F.R.§ 62 (2010). With few exceptions, the final rule will produce little change to the way J trainee and intern programs have been administered since the interim-final rule of 2007.

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American Immigration Council Sues U.S. Immigration Agencies Over Asylum “Clock”

Published on Tue, Dec 20, 2011

WASHINGTON, D.C.—Last week, the American Immigration Council’s Legal Action Center filed a nationwide class action lawsuit against U.S. Citizenship and Immigration Services and the Executive Office for Immigration Review in federal court in Seattle. The lawsuit alleges widespread problems with the asylum “clock”—the system that the government uses to determine when immigrants with pending asylum applications become eligible to obtain work authorization in the United States. The class certification motion describes the nationwide impact of these policies.

The complaint, co-filed with the Northwest Immigrants Rights Project, Gibbs Houston Pauw, and the Massachusetts Law Reform Institute, was submitted on behalf of untold numbers of asylum applicants wrongfully denied work authorization due to unlawful agency policies and practices. The named plaintiffs include asylum seekers who have pursued their cases for years without work authorization—including a man from China who initially filed his asylum application in 2003.

With limited exceptions, federal law requires USCIS to grant work authorization to any person with an asylum application pending for 180 days. In calculating this period, however, USCIS relies on determinations made by immigration judges who work for EOIR. As a result, arbitrary EOIR policies on when the “clock” should start and stop—combined with growing backlogs in U.S. immigration courts—have unlawfully prevented asylum seekers from working. The suit alleges these policies violate the Constitution, federal statutes, and governing regulations.
Read more...

Published in the New American Media

LAC News Room

The Legal Action Center puts out press releases about ongoing developments in immigration law, posts on the Immigration Impact blog, the Immigration Slip Opinion blog, and we also compile links to news clips that feature Legal Action Center staff.

Immigration Council Urges Broad Interpretation of § 212(h) Hardship Waiver

May 22, 2014: The American Immigration Council and the American Immigration Lawyers Association (AILA) filed an amicus curiae brief urging the Court of Appeals for the Eighth Circuit to rehear Roberts v. Holder, 745 F.3d 928 (8th Cir. 2014). In that case, the court narrowly interpreted the hardship waiver found in INA § 212(h), thus depriving many lawful permanent residents (LPR) of the opportunity to apply for this waiver.  The Immigration Council and AILA urge the court to withdraw this decision and instead, to join the six other courts of appeals which have interpreted the waiver more broadly. Read More...Read more...

Stephen Colbert Mentions IPC Blog in "Tip of the Hat/Wag of the Finger"

Published on Mon, Dec 12, 2011

Last night, Stephen Colbert gave a shout out to the Immigration Policy Center's blog in a segment called "Tip of the Hat/Wag of the Finger." Steven Colbert gave a shout out (video below), in his own unique way, to the IPC for lifting up the problems with the original definition of “anchor baby” released in the latest edition of the American Heritage dictionary.

Watch:

Published in the Colbert Report

Tax Assistance for J-1 Participants

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Exchange Visitors who were in J visa status during calendar year 2013 must file Federal and State income taxes by the deadline of April 15.

We cannot legally provide you with tax advice or endorse services from tax accountants. This page provides links to and descriptions of resources located on the IRS website (www.irs.gov). If you have Tax Law Questions, you should contact the IRS directly as your primary source of information:

http://www.irs.gov/uac/Tax-Law-Questions


Here is a list of topics discussed in this tax guide. Click one of the following links to jump to the relevant information:

Resources for J visa holders filing taxes

I did not earn any income in 2013, but I was present as a J-1 exchange visitor. Do I still need to file taxes?

Your host company must send you form W-2 by January 31. Contact your host company if you have not yet received form W-2.

I have my W-2 but do I need any other forms before I can file my taxes?

What is a Tax Treaty?

Which form should I file, 1040NR or 1040NR-EZ?

FORM 1040NR-EZ and FORM 1040NRRead more...

Quick Fact: The cost of mass deportation

Mass deportation would cost $206 billion to $230 billion over five years.

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