Extension of the validity of Form I-566
USCIS requests comments on the extension of the validity of Form I-566, Interagency Record of Individual Requesting Change/Adjustment to or from A or G Status.
Future Leaders Exchange (FLEX) Program
DOS request for grant proposals for the Future Leaders Exchange (FLEX) Program: Host Family and School Placement and Monitoring.
Update: 47,800 FY2011 Cap-Subject H-1B Petitions Receipted
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 11/12/10, approximately 47,800 H-1B cap-subject petitions were receipted. USCIS has receipted 17,400 H-1B petitions for aliens with advanced degrees
Request on Form I-290B Extension
USICS notice of a 60-day comment period on the extension of the validity of Form I-290B, Notice of Appeal to the Office of Administrative Appeals (AAO).
3 % increase of International Students in the U.S.
DOS press release announcing a three percent increase of international students in the U.S. to a record high of 690,923 students during the 2009-2010 academic year. This growth was due in part to a 30 percent rise in Chinese student enrollment to 128,000 students.
Offense involving possession of 30 grams or less of marijuana
The court held that INA §237(a)(2)(B)(i) which exempts from removal those convicted of a single offense involving possession of 30 grams or less of marijuana for one’s own use does not apply to persons with more than one drug conviction. (Rodriguez v. Holder, 8/23/10)
Administrative Remedies in the Application of Compean
The court found that the application of Compean did not have retroactive effect and that Petitioner failed to exhaust his administrative remedies by not filing a motion to reopen with the BIA before filing a habeas petition. (Singh v. Napolitano, 8/23/10)
BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose
As a matter of first impression, the court held that the IJ’s jurisdiction on remand from the BIA is limited only when the BIA expressly retains jurisdiction and qualifies or limits the scope of the remand to a specific purpose. (Fernandes v. Holder, 8/20/10)
NBC Processing Time Report
The National Benefits Center (NBC) Processing Time Report released 11/22/10 with processing dates as of 09/30/10. (Updated 11/22/10)
DOS updates on Country Reciprocity Table changes
The Department of State (DOS) updates on Country Reciprocity Table changes for the month of November, including changes for Iraq, Cameroon, Timor-Leste, and Mauritius.
ICE press release announcing the arrest of 13 individuals in Idaho
ICE press release announcing the arrest of 13 individuals during a four-day enforcement operation in Idaho, as part of the Fugitive Operations Program, which gives top priority to cases that involve individuals who pose a threat to national security and public safety.
ICE press release announcing that 85 individuals were arrested throughout Colorado and Wyoming
ICE press release announcing that 85 individuals were arrested throughout Colorado and Wyoming during a Fugitive Operations Program initiative. Those arrested were individuals with prior criminal convictions, prior deportations, or outstanding final orders of deportation.
TPS Grant Does Not Terminate Removal Proceedings
The BIA reinstated proceedings, finding that respondent was protected from execution of a removal order during the time her Temporary Protected Status (TPS) was valid, but she remained removable based on the charge of inadmissibility in the NTA. Matter of Sosa Ventura 25 I&N Dec. 391 (BIA 2010).
VSC Processing Time Report released 11/22/10
The Vermont Service Center (VSC) Processing Time Report released 11/22/10 with processing dates as of 09/30/10.
Employer’s Request for Review to BALCA Should Have Been Treated as Reconsideration
The CO erred in forwarding the employer’s “request for review” to Board of Alien Labor Certification Appeals (BALCA), rather than treating it as a request for reconsideration, thereby precluding a legal argument that arose only after the denial letter was issued. (Matter of CVS RX Services, 11/16/10).