Law Offices of Brian D. Lerner
Deportation Lawyers & Immigration Attorneys Helping Families Nationwide
DHS notice of determination with regard to a new discretionary exemption under INA Section 212(d)(3)(B)(i) for material support to the All India Sikh Students Federation-Bittu Faction (AISSF-Bittu). (76 FR 2130, 1/12/11)
DHS notice of determination with regard to a new discretionary exemption under INA Section 212(d)(3)(B)(i) for activities and associations relating to the All Burma Students’ Democratic Front (ABSDF). (76 FR 2131, 1/12/11)
Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11)
DOS Visa Bulletin for February 2011. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in March. Section D addresses retrogression of family cut-off dates.
USCIS announcement of multiple Field Office closings on 1/12/11 due to inclement weather. Please note that if an office is closed due to weather-related events, USCIS will automatically reschedule all appointments.
Information from Charlie Oppenheim of the DOS Visa Office explaining the erroneous report of current availability for the India EB-2 category.
On 1/5/11, ICE updated its list of Student and Exchange Visitor Program (SEVP) approved schools.
BALCA rejected the argument that the DOL FAQs create the impression that the Notice of Filing (NOF) need only include the prevailing wage, and affirmed the CO’s denial where the NOF contained a wage less than that offered to the alien. (Matter of Alum-A-Lift, 1/3/11).
The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the Notice of Filing (NOF) was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)
USCIS Form M-767, Important Information for New Citizens, includes information and resources for new U.S. citizens, including citizenship rights and responsibilities, as well as how to update social security information, register to vote, apply for a U.S. passport, and more.
The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (Alvarado-Fonseca v. Holder, 1/6/11)
USCIS draft memo for comment regarding guidance on amendments to the INA that extend the ability to self-petition to battered parents of U.S. Citizens, and on work authorization for approved VAWA self-petitioners. Comments are due 1/24/11, and instructions are included.
USCIS 11/9/10 policy memo on the treatment of religious worker I-360/I-485 concurrent filings in light of the Ninth Circuit’s mandate overturning the injunction in Ruiz-Diaz v. U.S. The interim memo published by USCIS for comment follows the final memo.
USCIS presentation on the EB-5 Immigrant Investor Program from the 12/16/10 stakeholder engagement. Topics include EB-5 updates, visa usage, and inquiries, as well as Regional Center statistics, and questions submitted by stakeholders.
EOIR press release announcing that Chief Immigration Judge Brian M. O’Leary invested David H. Paruch on 1/7/11. Judge Paruch is the first immigration judge to join EOIR in 2011 and will preside in Detroit, Michigan. The announcement also includes biographical information.