Filing an Asylum Application

(1) An alien does not receive an automatic 1-year extension in which to file an asylum application following “changed circumstances” under section 208(a)(2)(D) of the Immigration and Nationality Act, 8 U.S.C. § 1158(a)(2)(D) (2006). (2) Under 8 C.F.R. § 1208.4(a)(4)(ii) (2010), the particular circumstances related to delays in filing an asylum application must be evaluated …

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Family and Employment based applicants on the rise

Family and employment based applicants. The DOS offers an Annual Report of immigration visa applicants in both the family and employment based on preferential categories. Family-based green card applicants under this category may also experience quite a long processing time of up to 12 months and above. And in some cases, it may be as long …

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Regulations Regarding Representation and Conduct

Comments and discussion regarding question regarding guidelines of conduct in representation will be encouraged during conference. DHS issued an interim rule amending its regulations on representation and appearances by, and professional conduct of, practitioners in immigration practice. This interim rule is effective 3/4/10. Regulations governing representation and professional conduct ensure fairness, competence, and integrity in …

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Proposed 2011 budget for homeland security

California Immigration

This article summarizes the U.S. Department of Homeland Security (DHS) fiscal year (FY) 2011 budget.It was released in early 2010 and enacted for the period beginning October 1, 2010. Furthermore, the proposed DHS budgetfocused on strengthening the department’s core missions. These missions include counter‑terrorism, border security,immigration enforcement, cyber security, and disaster preparedness.  Total Budget and …

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What Happens After a Marriage-Based Visa Denial?

Marriage-based visa denial procedure: what happens and what to do A marriage-based immigrant visa (CR-1/IR-1) can be refused at the consulate for missing items (§221(g)) or denied for inadmissibility (§212(a)). However, most cases can be fixed with documents, waivers, or a USCIS review. We map next steps so you respond fast and correctly. First, identify …

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Rules for Applicant Representatives: Ensuring Clarity and Accountability

In light of recent changes in policy USCIS issued.A list of questions and answers on the new DHS Regulation that clarifies, Authorized to represent applicants and petitioners.In cases before DHS and updates in policy standards and disciplinary procedures for these immigration practitioners.

Latest Immigration Policy Updates and Clarifications Explained

Policy regarding recent immigration perimeters and changes in governmental resources and adaptation will also be the topic of discussion. Immigration policies generally respond to labour market needs and demographic objectives of destination countries. Immigration fuels the economy. When immigrants enter the labor force, they increase the productive capacity of the economy and raise GDP. Their incomes …

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One Year Asylum Issue Immigration Equality

(1) An alien does not receive an automatic 1-year extension in which to> file an asylum application following “changed circumstances” under> section 208(a)(2)(D) of the Immigration and Nationality Act, 8 U.S.C. §> 1158(a)(2)(D) (2006). (2) Under 8 C.F.R. § 1208.4(a)(4)(ii) (2010), the particular circumstances> related to delays in filing an asylum application must be evaluated …

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Inadmissible aliens, Designating aliens for expedited removal

An alien who is inadmissible under section 212(a)(9)(C)(i) of the> Immigration and Nationality Act, 8 U.S.C. § 1182(a)(9)(C)(i) (2006), is> ineligible for adjustment of status under section 245(i) of the Act, 8 U.S.C.> § 1255(i) (2006). Matter of Briones, 24 I&N Dec.355 (BIA 2007), reaffirmed. The Immigration and Nationality Act sets forth grounds for inadmissibility. …

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Businesses Subject to Punishment with New Protection Act

In light of recent cases assuming fraud and false job records by businesses CA10 backed grant of summary judgment against enforcement of §7(B) of OK Taxpayer and Citizen Protection Act of 2007, which forces businesses to use Basic Pilot on pain of debarment from contracting with public employers. It is the policy of the State …

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Pro Bono Immigration Lawyers Offer Hope in Haiti

Attorneys who are willing to work pro bono to join the effort to help immigration to the US for residents of Haiti devastated by the recent earthquakes. Details about a pro bono training for volunteer attorneys and a weekend pro bono TPS workshop to assist Haitians in preparing TPS applications. Multiple workshops at multiple locations …

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Haitian Orphans Struggle Amid Ongoing Crisis

Recent allegations of kidnapping of orphan children during the Haitian disaster has prompted tighter security law to come into effect. Ambassador-at-Large Luis CdeBaca, the Director of the Office to Monitor and Combat Trafficking in Persons, answered questions to provide a preview of the annual meeting of the President’s Interagency Task Force to Monitor and Combat …

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The New Pathway and Rules for Haitian Migrants to Enter the U.S.

ORR issued a state letter that reviews the definition of “Cuban and Haitian entrant” as it applies to Haitian nationals and clarifies the acceptable documentation that these individuals from the Haitian Republic maybe present when they are applying for ORR-funded benefits and services from the government.

My husband died and my conditional green card expires in 6 months

A conditional permanent resident under section 216(a) of the Immigration > and Nationality Act, 8 U.S.C. § 1186a(a) (2006), who is seeking to remove the conditional basis of that status and who has timely filed the petition and appeared for the interview required under section 216(c)(1), does not need a separate section 216(c)(4) hardship waiver …

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