DOS Update on Visa System Outage and the Nonimmigrant Visa Backlog

http://ow.ly/zU4ix DOS provided an update regarding the ongoing technical issues with its passport and visa system. DOS anticipates that it will take weeks to resume full visa processing capacity. DOS provided statistics on how the backlog has impacted visa production, stating that “we issued more than 220,000 nonimmigrant visas globally. Based on our average production …

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Another Win for the Law Offices of Brian D. Lerner: In Absentia Order Reopened

http://ow.ly/zU23X Another win for Law Offices of Brian D. Lerner: 5 year old in absentia order was reopened for detained client who was presumably placed into proceedings after filing to renew her fraudulent TPS application. Motion was filed in time to stop her deportation, motion was granted in 2 months time and client was released …

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Fifth Circuit Remands for the BIA to Apply the Color of Law Standard to a CAT Claim

The Fifth Circuit remanded for the BIA to consider the Convention Against Torture (CAT) claim under the “color of law” legal standard, with information that extortionists in El Salvador may have received information about the petitioner from government officials acting in their official capacities. http://ow.ly/zh47d http://ow.ly/zh48Z

Immigrant Visa Denied for a False Claim to Citizenship Reopened After Motion

Immigrant visa was denied in 2012 because of false claim to citizenship. We filed a motion in March based on a new interpretation of false claims and minors and we just received a notice from the consulate indicating that Client is eligible to schedule a new immigrant visa appointment. http://www.californiaimmigration.us http://ow.ly/zeM4A

Montana Court Finds Most of State’s Voter-Approved Immigration Law Preempted

http://ow.ly/yBJDt A Montana state district court found most sections of Montana’s voter-approved immigration law were preempted by federal law. The law would have required state agencies to determine an applicant’s immigration status before granting a wide variety of state services, including unemployment insurance benefits, licenses to practice trades or professions, enrollment in state universities, and …

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How to File Form I-693 Under the New One-Year Medical Exam Validity Policy

http://ow.ly/yBJso In light of the policy change, effective June 1, 2014, that limits validity of medical examinations to one year from the date that USCIS receives the form, the USCIS National Benefits Center instructs that Form I-693 be submitted one of three ways: together with Form I-485 to the location specified on Form I-485; after …

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