How can i be Reunited with my Family Members
Question: I am a Lawful Permanent Resident and have petitioned my spouse and child years ago.However, I am heartbroken because I have not been with them in years. Is there anything I can do? Answer: The Legal Immigration Family Equity Act (LIFE Act) established a nonimmigrant category within the immigration law. This allows the spouse or child of a …
PERM Denied: BALCA Rules Address Alone Does Not Prove Filing
BALCA: Why a Postal Receipt Without the Proper Address Is Not Enough for PERM In the PERM (Program Electronic Review Management) labor certification process, employers seeking to hireforeign workers must comply with strict recruitment and notice requirements. One common misunderstanding isthat simply providing a postal receipt (e.g., certified mail receipt) proves compliance with the Notice …
BALCA to Verify Employer was Sponsoring Alien
BALCA to Verify Employer finds the CO properly rejected an unsigned letter from the Employer certifying sponsorship of the alien for the position. Matter of Diamond Valley Contracting, 2009-PER-00121 (6/23/09). If an employer’s application for labor certification is denied, the employer may appeal the denial to Board of Alien Labor Certification Appeals (BALCA), which is under the Department of …
CA9 holds BIA erred in finding improperly filed of unsigned check
Improperly Filed 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 the right amount of the fee, when all other aspects of the application are complete and proper. (Blanco v. Holder, 7/15/09). The Court of Appeals …
Conviction for Owning a Chop Shop Aggravated to Felony Theft Offense
Aggravated to Felony Theft Offense Court holds that a violation of Cal. Veh. Code § 10801 does not categorically qualify as an serious crime, nor does the record establish that the petitioner’s violation constituted under the modified categorical approach. Grants petition and remands. (Carrillo-Jaime v. Holder, 7/15/09). If an individual is convicted for owning a …
Problems with OFLC system, BALCA finds employer responsible
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 the untimely filing was due in part to problems with the OFLC system. BALCA finds employer bears responsibility for not filing by mail in a timely manner. Matter of Art …
ICE arrests 50 individuals indicted across the US
Individuals Indicted Across the U.S. On July 15, 2021, the U.S. Immigration and Customs Enforcement (ICE) announced the arrest of 50 individuals who had been indicted across the country. The arrests were part of a coordinated effort to target individuals who were wanted for a variety of crimes, including drug trafficking, human trafficking, and violent …
CA2 Addresses Consular Non-Reviewability and Material Support
CA2 Consular Non-Reviewability 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). This involved confronting the applicant with the allegation that he knew he was providing material support to a terrorist org and giving him the chance to negate it. (American Academy of Religion v. …
CA1 dismisses argument for consideration of inre magna exception
INRE 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 would be unjust. Also finds there was substantial evidence to support the conclusion that a subsequent I-130, based on a second marriage, was not approvable when filed. …
The Court Grants Petition, Vacates BIA Decision and Remands
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 have remanded the case to allow the Immigration Judge to consider the additional evidence or addressed the petitioner’s alternative ground for eligibility as a matter of law. (Figueras v. Holder, …
Immigration Law Firm Indicted for Conspiracy
Immigration Law Firm for Conspiracy The U.S. District Court for the District Court of Utah, Central Division, Issued an summon of the Alcala Law Firm, on charges of conspiracy to commit alien smuggling and visa fraud. A prominent immigration law firm for conspiracy to commit fraud. The firm, which has been in business for over …