Sexual violation case ruled upon

A sexual offense in violation of a statute enacted to protect children is a crime involving moral turpitude where the victim is particularly young—that is, under 14 years of age—or is under 16 and the age differential between the perpetrator and victim is significant, or both, even though the statute requires no culpable mental state …

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Rulings on Sex crimes

Sexual solicitation of a minor under section 3-324(b) of the Maryland Criminal Law with the intent to engage in an unlawful sexual offense in violation of section 3-307 is categorically a crime involving moral turpitude.

Already USCIS Reached FY2018 H-1B Cap

USCIS reached the congressionally mandated 65,000 visa H-1B cap for FY2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption (master’s cap). USCIS will reject and return filing fees for all unselected petitions. 

Hawaii District Court Converts Temporary Restraining Order Against Travel/Refugee Ban to Preliminary Injunction

Following a hearing yesterday, a federal judge in Hawaii granted the plaintiffs’ motion to convert the court’s temporary restraining order enjoining the government from enforcing or implementing Sections 2 and 6 of President Trump’s Executive Order 13780 nationwide to a preliminary injunction. The court concluded that the plaintiffs had met their burden of establishing a strong likelihood of success …

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TPS recipients are now eligible to adjust.

Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The …

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BIA Decision regarding the Walsh Waiver

Matter of CALCANO DE MILLAN, 26 I&N Dec. 904 (BIA 2017) For purposes of the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, and section 204(a)(1)(A)(viii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1154(a)(1)(A)(viii)(I) (2012), a United States citizen or lawful permanent resident petitioner has …

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L.A. Police See Drop in Latino Reports of Crime amid Deportation Fears

Reuters reports that Latinos in Los Angeles have lodged 41 fewer reports of rape—down 25 percent—and 118 fewer domestic violence complaints—a 10 percent drop—since January 2017, compared with the same period in 2016, Police Chief Charlie Beck said on Tuesday. Those declines, coinciding with President Trump’s vow to step up deportations of undocumented immigrants, were not seen …

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Court Finds Dominican Petitioner Born to Unwed Parents Is Not Eligible for Derivative Citizenship Through His Father’s Naturalization

The Second Circuit upheld the BIA’s decision affirming the IJ’s finding that the LPR petitioner, who was born in the Dominican Republic to unwed parents, was ineligible for derivative citizenship through his father’s naturalization, because he was not a legitimated “child” as the term is defined in INA §101(c)(1) and used in former INA §321(a).

DOS Issues Cables with Guidance on Implementing Heightened Screening and Vetting of Visa Applications

Over the last two weeks, DOS Secretary Rex Tillerson issued four cables that offer insight into how the government is implementing President Trump’s so-called “extreme vetting” measures for non-citizens entering the United States. Among other things, one cable contains guidance for implementing Section 2 of the March 6, 2017, Presidential Memorandum regarding protocols and procedures for enhanced screening and vetting of …

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