CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT

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The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral. https://atomic-temporary-10880024.wpcomstaging.com/tag/cat/ https://atomic-temporary-10880024.wpcomstaging.com/tag/convention-against-torture-cat/ https://atomic-temporary-10880024.wpcomstaging.com/tag/convention-against-torture/ https://californiaimmigration.us/convention-against-torture-granted/

CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants

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The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate. https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/ https://atomic-temporary-10880024.wpcomstaging.com/tag/adjudication-of-asylum/ https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/ https://californiaimmigration.us/asylum/

CA2 Says Petitioner’s Undocumented Husband Was “Available” to Testify

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The court held that Petitioner’s undocumented husband was “available” to testify despite his fear of apprehension, noting that he would have been eligible for derivative asylum status and had every incentive to testify on his wife’s behalf. (Chen v. Holder, 9/23/11) https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/ https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/ https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/ https://californiaimmigration.us/asylum/

DOL Delays Revision of the Wage Methodology for the H-2B Program

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DOL press release announcing that it will postpone the effective date of the H-2B wage methodology final rule for a period of 60 days, from 9/30/11 to 11/30/11. The postponement is intended to avoid administering the H-2B program under potentially conflicting court orders. https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b/ https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b-cap-count/ https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b-program/ https://californiaimmigration.us/permanent-resident-status-h-1b-and-h-2b-program-information-data-to-be-released/

USCIS Announces FY2011 Citizenship and Integration Grant Program Recipients

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USCIS press release announcing $9 million in grants awarded to 42 organizations in 27 states and Washington, D.C., to expand citizenship preparation programs for permanent residents. The funding was awarded through the agency’s Citizenship and Integration Grant Program. https://atomic-temporary-10880024.wpcomstaging.com/tag/claim-to-us-citizenship/ https://atomic-temporary-10880024.wpcomstaging.com/tag/citizenship-application/ https://atomic-temporary-10880024.wpcomstaging.com/tag/citizenship-question/ https://californiaimmigration.us/citizenship/

BIA Says IJ Scope of I-751 Review Is Not Limited to Evidence Submitted to DHS

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The BIA held that the IJ should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS. https://atomic-temporary-10880024.wpcomstaging.com/tag/i-751/ https://atomic-temporary-10880024.wpcomstaging.com/tag/i-751-hardship-waiver/ https://atomic-temporary-10880024.wpcomstaging.com/tag/bia-2/ https://californiaimmigration.us/clients-i-751-conditional-residence-approved-after-5-years/

USCIS Reminds Eligible I-360 Widow(er)s of the 10/28/11 Filing Deadline

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USCIS reminder for eligible widow(er)s of deceased U.S. citizens that 10/28/11 is the deadline for filing an I-360 petition. Additional information on the eligibility to file and the filing deadline are provided, along with further details on filing as an I-360 Widow(er). https://atomic-temporary-10880024.wpcomstaging.com/tag/i-360/ https://atomic-temporary-10880024.wpcomstaging.com/tag/i-360-petition/ https://atomic-temporary-10880024.wpcomstaging.com/tag/religious-worker-i-360/ https://californiaimmigration.us/win-law-offices-brian-d-lerner/

USCIS Announces Exhaustion of U Visas for FY2011

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USCIS press release announcing that the statutory maximum of 10,000 U visas was met for FY2011. USCIS will continue to accept and adjudicate new U visa petitions and will resume issuing U visas on October 1, 2011. https://atomic-temporary-10880024.wpcomstaging.com/tag/u-visa/ https://atomic-temporary-10880024.wpcomstaging.com/tag/u-visa-lawyer/ https://atomic-temporary-10880024.wpcomstaging.com/tag/u-visas/ https://californiaimmigration.us/are-you-a-victim-of-crime-a-u-visa-attorney-might-be-able-to-get-you-the-u-visa/

CA11 Says No §245(a) Adjustment for TPS Beneficiaries Who Enter without Inspection

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The court affirmed the district court’s ruling that an alien who enters the United States without inspection is ineligible for adjustment of status under INA §245(a) even if granted temporary protected status under INA §244.

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