H-1B’s being returned
USCIS notified stakeholders that it has finished returning FY2016 H-1B cap-subject petitions that were not selected in the computer-generated random selection process.
USCIS to Apply Shalom Pentecostal Decision Nationwide
A USCIS policy memo acquiesces in the Third Circuit’s decision in Shalom Pentecostal, and instructs adjudicators not to require that qualifying U.S. work experience have been acquired in lawful status for Form I-360 special immigrant religious worker petitions. The memo applies to currently pending Forms I-360 and new Forms I-360 filed on or after July …
USCIS Taking Extreme Measures to Retrieve Erroneously Issued Three-Year DACA EADs
As a result of Judge Hanen’s July 7, 2015, order threatening contempt citations in the ongoing litigation in Texas v. United States, USCIS advised stakeholders during a phone call on July 13, 2015, that it is implementing additional—and in some cases extreme—steps to retrieve approximately 2,500 three-year EAD cards and DACA approvals that were erroneously …
Illegal Reentry? Try to get it vacated for violation of due process.
Have an Illegal Reentry? How to get it vacated so you don’t have to go to prison Question: I had a deportation order years ago. I re-entered the U.S. illegally, got caught and was convicted in U.S. District Court for illegal reentry. I am serving a three year sentence. Is there anything that I …
Adopted after 16? You may still qualify for Immigration Benefits
n a precedent decision, the Board of Immigration Appeals (BIA) held that the beneficiary of a visa petition who was adopted pursuant to a state court order that was entered when the beneficiary was more than 16 years old, but with an effective date prior to his or her 16th birthday, may qualify as an …
Did Immigration Judge forget to let you know your rights?
The Ninth Circuit vacated the defendant’s conviction for illegal reentry, holding that the defendant’s due process rights were violated when the Immigration Judge (IJ) failed to advise the defendant during his 1999 removal proceeding about the availability of potential discretionary relief under INA §212(c). The court remanded for consideration of whether the defendant was prejudiced …
Texas Judge wants to dig in with his order against Immigration Reform
Following a new order by U.S. District Court Judge Andrew Hanen in the Texas v. United States litigation, USCIS advised DACA recipients who received a three-year Employment Authorization Document (EAD) that the three-year EAD and DACA approval notice are no longer valid, and reminded recipients to return three-year EADs previously issued to them. The new …
Univision drops Trump due to racist comments
National Journal reports that, just months after acquiring the rights to broadcast the Miss Universe pageant in Spanish, Univision announced on Thursday that it would end its relationship with the pageant organization, which is owned in part by 2016 Republican presidential candidate Donald Trump. According to the article, Univision is cutting ties with Mr. Trump …
Married for Love? How to prove it.
The Seventh Circuit granted the petition for review and remanded, holding that the Board of Immigration Appeals (BIA) erred when it demanded that the petitioner provide more proof than necessary to satisfy a preponderance of the evidence standard for a discretionary good faith marriage waiver, available to petitioners who can show they entered a failed …
From Nepal? Apply for TPS
The Department of Homeland Security (DHS) issued a notice that Nepal has been designated for Temporary Protected Status (TPS) for a period of 18 months, effective today, June 24, 2015, through December 24, 2016. This designation allows eligible Nepalese nationals (and immigrants having no nationality who last habitually resided in Nepal) who have continuously resided …
Plead Guilty, but not informed of deportation risks?
The Seventh Circuit reversed the district court’s denial of the petitioner’s motion to withdraw his guilty plea, holding that the petitioner—who was recently removed to Italy following a federal drug conviction—could choose to withdraw his guilty plea and instead seek a trial by jury, because his counsel had failed to warn him that a plea …
Got illegal Reentry? Got a defense?
The Ninth Circuit reversed the defendant’s conviction for illegal reentry, holding that by asking the defendant to comment on the credibility of a border patrol agent—a key witness against him—then referring to evidence not before the jury to bolster the agent’s testimony, the government deprived the defendant of the fair trial guaranteed by the Due …
Are you a returning Resident – but have a crime?
BIA Finds Returning LPR Cannot Be Charged with Inadmissibility Under INA §212(a) In a precedent decision, the Board of Immigration Appeals (BIA) held that a lawful permanent resident (LPR) returning to the United States cannot be regarded as seeking admission and may not be charged with inadmissibility under INA §212(a) if he does not fall …
Changing Status of Filing an EB-5?
USCIS announced that on June 15, 2015, it stopped accepting electronically filed Forms I-539, Application to Extend/Change Nonimmigrant Status, and Forms I-526, Immigrant Petition by Alien Entrepreneur. Paper versions of the forms must be used while USCIS updates the online filing system. USCIS also discontinued the EB-5 Regional Center Document Library. USCIS stated that pending …
USC Spouse denied due process because immigrant spouse denied a visa?
Supreme Court Holds U.S. Citizen Spouse Was Not Deprived of Due Process In a 5-4 decision, the Supreme Court vacated the Ninth Circuit’s decision in Kerry v. Dinand remanded. The plurality held that because the respondent, a U.S. citizen, was not deprived of “life, liberty, or property,” the government did not deny her any constitutional …