Is my appeal useless
Is my appeal useless? Question: I lost at the Immigration Court level. I appealed the decision about six months ago to the Board of Immigration… Read More »Is my appeal useless
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New BIA policies admonished
New BIA Policies Admonished by ABA Question: I appealed to the Board of Immigration Appeals (BIA). The decision took only three months and there was… Read More »New BIA policies admonished
Why do I have to wait so long to be with my Spouse?
Why do I have to wait so long to be with my U.S. Spouse? Question: I just married my U.S. Citizen husband in my home… Read More »Why do I have to wait so long to be with my Spouse?
Where Have my Dreams gone
Where have my dreams have gone? Question: I was just a little child when my parents came to the United States with my family. Our… Read More »Where Have my Dreams gone
How can I be Reunited with my Family
How can I be reunited with my family? ****FREE TELEPHONE CONSULTATION TODAY (WEDNESDAY) FROM 3:00 TO 4:00 P.M. PACIFIC STANDARD TIME ON INTERNATIONAL RADIO SHOW… Read More »How can I be Reunited with my Family
BALCA Finds Postal Receipt without Address Insufficient to Prove Application Was Filed within Window
BALCA finds employer failed to prove that the non-electronic PERM application was mailed within the filing window. Based on the date it was accepted for… Read More »BALCA Finds Postal Receipt without Address Insufficient to Prove Application Was Filed within Window
Alejandro Mayorkas Sworn in as USCIS Director
Alejandro Mayorkas was sworn in as Director of U.S. Citizenship and Immigration Services on August 12, 2009. He was confirmed on August 7, 2009. A… Read More »Alejandro Mayorkas Sworn in as USCIS Director
BALCA Finds Application Properly Denied for Inability to Verify Employer Was Sponsoring Alien
BALCA finds the CO properly rejected an unsigned letter from the Employer certifying sponsorship of the alien for the position. Employer did not file an… Read More »BALCA Finds Application Properly Denied for Inability to Verify Employer Was Sponsoring Alien
CA9 Holds BIA Erred in Finding Application Improperly Filed Because of Unsigned Check
The court grants petition for review and remands. Finds no regulation specifies that USCIS must reject a signed application accompanied by an unsigned check for… Read More »CA9 Holds BIA Erred in Finding Application Improperly Filed Because of Unsigned Check
CA9 Finds California Conviction for Owning and Operating a Chop Shop Is Not an Aggravated Felony
Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an aggravated felony theft offense, nor does the record… Read More »CA9 Finds California Conviction for Owning and Operating a Chop Shop Is Not an Aggravated Felony
Employer Cites Problems with OFLC System, but BALCA Finds Employer Responsible for Untimely Filing
BALCA affirms the CO’s denial of the PERM application, as the job order was conducted more than 180 days before filing. The employer argued that… Read More »Employer Cites Problems with OFLC System, but BALCA Finds Employer Responsible for Untimely Filing
ICE Arrests 50 Individuals Indicted for Participating in a National Marriage Fraud Scheme
On 8/11/09 ICE announced the arrest of 50 people on charges that they participated in a scheme to arrange sham marriages in order to evade… Read More »ICE Arrests 50 Individuals Indicted for Participating in a National Marriage Fraud Scheme
CA2 Addresses Consular Nonreviewability and Material Support
Court remands for consideration of whether the consular officer properly applied the “unless” clause of 8 U.S.C. § 1182(a)(3)(B)(iv)(VI)(dd) by confronting the applicant with the… Read More »CA2 Addresses Consular Nonreviewability and Material Support
CA6 Strikes Down Widow Penalty (Updated 8/13/09)
The court concludes that a “surviving alien-spouse” is a “spouse” within the meaning of the “immediate relative” provision of the INA. Counsel of record is… Read More »CA6 Strikes Down Widow Penalty (Updated 8/13/09)
CA1 Dismisses Argument for Consideration of In re Magna Exception
The court dismisses argument that the BIA had to remand to allow the IJ to consider whether failing to recognize the petitioner’s annulled first marriage… Read More »CA1 Dismisses Argument for Consideration of In re Magna Exception
CA7 Finds BIA Violated Applicant’s Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility
Court grants petition, vacates BIA decision and remands. Finds that once the BIA assumed IJ’s error in disregarding the motion for a continuance, it should… Read More »CA7 Finds BIA Violated Applicant’s Statutory Right to a Reasonable Opportunity to Present Evidence of Eligibility
Immigration Law Firm Indicted for Conspiracy to Commit Alien Smuggling and Visa Fraud
The U.S. District Court for the District Court of Utah, Central Division, issued an indictment of The Alcala Law Firm, on charges of conspiracy to… Read More »Immigration Law Firm Indicted for Conspiracy to Commit Alien Smuggling and Visa Fraud
CA6 Finds Evidence Supports IJ’s Ruling that Petitioner’s Marriage was Fraudulent
The court finds that the petitioner’s removability was established by clear and convincing evidence, as sufficient evidence supports the IJ’s ruling that the petitioner entered… Read More »CA6 Finds Evidence Supports IJ’s Ruling that Petitioner’s Marriage was Fraudulent
I-907 Special Mailing Addresses
I-129 California Service Center Standard U.S. Mail Address Premium Processing Service USCIS California Service Center P.O. Box 10825 Laguna Niguel, CA 92607 Express Mail Address… Read More »I-907 Special Mailing Addresses
ICE Identifies Additional Detention Deaths
During an in-depth review of records related to individuals who have died in ICE custody since October 2003, ICE has identified 10 individuals who were… Read More »ICE Identifies Additional Detention Deaths