If I stay I will be killed awaits deported asylum seekers
If I stay, I will be killed. Question: I live in a country that is very dangerous. It is not democratic and I decided to… Read More »If I stay I will be killed awaits deported asylum seekers
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Petitioners of H-1b Laws
H-1B’s and a Holiday Greeting!Question: I have heard that there are some new H-1B laws that have come out. Can you discuss what these changes… Read More »Petitioners of H-1b Laws
My adopted son is a U.S. citizen?
My adopted son is a U.S. Citizen? Question: My wife and I were unable to have our own children. Therefore, we looked to adopt a… Read More »My adopted son is a U.S. citizen?
We have hope yet
We have hope yet! Question: Ever since 1996 when the immigration laws changed to make it much more difficult for immigrants to come to the… Read More »We have hope yet
Victory for Due Process of Aliens
Victory for Due Process Rights of Aliens. Question: I have heard that some new case just came down as a victory for a person filing… Read More »Victory for Due Process of Aliens
Will I be locked up forever
Will I be locked up forever? Question: I am writing from the immigration detention facility. I have had my Green Card for many years, but… Read More »Will I be locked up forever
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 Appeals (BIA). Now, I… Read More »Is my appeal useless?
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 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… Read More »How can i be reunited with my family members
BALCA finds address insufficient to prove application
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 address insufficient to prove application
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 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 to verify employer was sponsoring alien
CA9 holds BIA erred in finding 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… Read More »CA9 holds BIA erred in finding improperly filed of unsigned check
Conviction for owning a chop shop aggravated to felony theft offense
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 »Conviction for owning a chop shop aggravated to felony theft offense
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… Read More »Problems with OFLC system, BALCA finds employer responsible
ICE arrests 50 individuals indicted across the US
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 across the US
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)