EB-5 China Cut-Off
Effective May, 1, 2015, only Chinese-born EB-5 applicants with priority dates before May 1, 2013,
BIA Finds That Respondent Who Voted in a Federal Election Is Removable Under the INA
In a precedent decision issued yesterday, the BIA held that a respondent who has voted in an election involving candidates for federal office in violation of 18 USC §611(a) is removableunder section 237(a)(6)(A) of the INA, regardless of whether the respondent knew that he or she was committing an unlawful act by voting. The BIA …
BIA Finds LPR Who Adjusts Status in U.S. Is Not Barred from §212(h) Waiver
In a precedent decision issued today, the BIA held that a respondent who adjusted status inside the U.S., and who did not enter as an LPR, is not barred from establishing eligibility for a waiver of inadmissibility under INA §212(h). In so doing, the BIA withdrew from its previous decisions on the topic, aligning its …
The Salt Lake Tribune: In Utah Speech, U.S. Immigration Chief Says System Is Unjust
The Salt Lake Tribune reports that USCIS Director León Rodríguez called on Congress to make the immigration system more just at a convention of the Catholic Legal Immigration Network yesterday. “The immigration system that we are working off of … was mostly built back in the 1960s, meaning that it is an obsolete and archaic …
BALCA Upholds Denial for Failure to Submit Signed Recruitment Report
Acknowledging that 20 CFR 656.17(g)(1) does not explicitly require recruitment reports to have “original” signatures, BALCA upheld the denial of three labor certifications in a decision issued yesterday, rejecting the argument that the typewritten name constituted an electronic signature.
Unlawful Voting can get you deported
An alien who has voted in an election involving candidates for Federal office in violation of 18 U.S.C. § 611(a) (2012) is removable under section 237(a)(6)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(6)(A) (2012), regardless of whether the alien knew that he or she was committing an unlawful act by voting.
DHS Releases FY2015 Mid-Year Border Security Update
In a status update on its border security efforts, DHS indicated that the number of total apprehensions along the southwest border during the first six months of FY2015 was 151,805, which is down nearly 60,000 (or 28%) compared to the same period in FY2014. Additionally, total apprehensions along the southwest border—comprised of apprehensions of unaccompanied …
Court Remands to Consider Whether Misprision of Felony Is a Crime Involving Moral Turpitude
The Second Circuit held that the BIA should determine on remand whether it still adheres to the position that concealment of a felony qualifies as a “crime involving moral turpitude.” If so, the BIA should determine whether its position can be applied retroactively to the petitioner’s case. https://cbocalbos.wordpress.com/tag/aggrvated-felony/ https://cbocalbos.wordpress.com/tag/aggravated-felony/ https://cbocalbos.wordpress.com/tag/felony/ https://californiaimmigration.us/california-penal-code-regarding-unlawful-sexual-intercourse-with-a-minor-compares-the-similar-charges-of-aggravated-felony/
USCIS Reminder: New Form G-28 Mandatory Starting May 18!
USCIS posted a reminder that beginning May 18, 2015, USCIS will accept only the new Form G-28 with an edition date of March 4, 2015, and will stop accepting the earlier version of the form. If a filing is submitted with an old version of the G-28 on or after May 18, USCIS will not …
USCIS Reminder: Use the New Version of Form I-129 Beginning May 1
USCIS issued a reminder that beginning Friday, May 1, 2015, USCIS will accept only the new version of Form I-129, Petition for a Nonimmigrant Worker, with an edition date of October 23, 2014. Any filings with previous editions of this form will be rejected.
DOL and DHS Announce New Joint Rules for the H-2B Program
DOL and DHS released advance copies of two new joint rules on H-2Bs that are scheduled to be published tomorrow and will take effect immediately. The first is an interim final rule governing the certification of employment of H-2B workers and the enforcement of obligations applicable to H-2B employers. Comments are due within 60 days …
District Court Grants DOL an Extension for the H-2B Program
On April 15, 2015, the federal district court for the Northern District of Florida issued an order effectively permitting DOL to continue issuing H-2B labor certifications under its 2008 H-2B regulations through May 15, 2015.
This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report says that 62% of all ICE detention beds are now operated by for-profit prison companies.
This International Business Times article discusses a report released last week by Grassroots Leadership, a Texas nonprofit, which reveals how private prison companies have spent five years lobbying the government to enact conservative immigration reform both to maintain ICE’s bed quota and to ensure a steady flow of inmates into its detention centers. The report …
New York Times: California Advances Bill to Help Immigrant Crime Victims Gain Visas
The New York Times reports on a U visa bill that would require California law enforcement to verify within 90 days cooperation with law enforcement by undocumented immigrants who are victims of violent crime. If passed, California would be the first state to mandate that law enforcement sign U visa certifications in a particular timeframe.
§212(h) Aggravated Felony Bar Cases in 1st or 8th Circuits
All but two federal circuit courts have rejected Matter of Koljenovic: The 8th Circuit upheld the BIA, and the 1st Circuit has not ruled.