SAME or SIMILAR ???

January 22, 2010 § Leave a comment

It is common for immigrants — just like US citizens — to get new jobs for many reasons: if a company goes out of business, merges or lays them off, etc.

However, in some instances, the Immigration Service denied petitions for green cards based on approved sponsorship, when an immigrant changes employers.

This week, the Board of Immigration Appeals ruled that an Immigration Judge may also decide if an immigrant who applies for a green card through one company can still be approved through a new one.

Thus we see another important decision which removes “court stripping.”

Immigration Judges now have authority to rule whether a new job is the same or similar to the old one.  If so, deportation is stopped and a green card may be approved.

Example: an Italian restaurant sponsors a cook for permanent residence.  One day, the boss relocates and the immigrant cannot travel to the new place.

So the guy finds new work.  The menu is different, but the man is still hard at work preparing meals in a hot kitchen.

Such a person (and his wife and kids) might face deportation, if Immigration concluded that the new job was not the same or similar enough.

And the judge couldn’t do anything about it.

Not anymore.  The Immigration Judge can now take another look.

We applaud this reasonable ruling.

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