August, 2012 |
| 8/30/2012 | CA9 Lacks Jurisdiction to Review Challenge to 8 C.F.R. §208.31(.pdf 472 KB)The court held it lacked jurisdiction to review the petitioner’s challenge to the regulations – which bar him from seeking asylum because he is subject to reinstatement – because DHS has not completed the reasonable fear proceedings. (Ortiz-Alfaro v. Holder,8/27/12) more
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| 8/30/2012 | CA2 Holds VWP Entrant Cannot Contest Removal Through Adjustment of Status(.pdf 472 KB)The court held that a Visa Waiver Program (VWP) participant could not contest her removal on the basis of an adjustment of status application filed after the 90-day period during which a VWP participant may stay in the country. (Gjerjaj v. Holder, 8/28/12) more
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| 8/27/2012 | CA3 on the Post-Departure Bar and Motions to Reopen Sua Sponte(.pdf 545 KB)The court upheld the BIA’s determination that it lacked jurisdiction to review a motion to reopen sua sponte - filed by the petitioner out of time and after he was already removed from the country - because of the post-departure bar. (Desai v. Att’y Gen., 8/21/12) more
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| 8/27/2012 | CA9 Holds Petitioner Is Removable for Controlled Substance Offense(.pdf 466 KB)The court found that the petitioner is removable because the documents of conviction in his criminal case established that he was convicted of possessing methamphetamine, and not merely of possession of a controlled substance generally. (Cabantac v. Holder,8/23/12) more
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| 8/26/2012 | BALCA Says “Any Travel” Must be Included in Ads(.pdf 92 KB)BALCA held that the “travel requirement” in relation to the geographic area of employment under 20 CFR §656.17(f)(4) is not limited to where the applicant would move for the job and upheld the denial where travel was omitted in the ads. (Matter of M-I, LLC,8/23/12) more
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| 8/24/2012 | CA7 Holds Petitioner Is Inadmissible for Voting(.pdf 529 KB)The court found that the petitioner violated 18 U.S.C. §611 when he voted, rejecting his “entrapment by estoppel” argument because he did not show that he received official assurance that voting was lawful. (Kimani v. Holder, 8/22/12) more
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| 8/24/2012 | CA7 Remands for Fact Finding in Alien Voter Case(.pdf 510 KB)The LPR petitioner argued that she did not violate 18 U.S.C. §611 because state officials led her to believe it was legal for her to vote, and the court remanded to the IJ for further fact finding. (Keathley v. Holder, 8/22/12) more
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| 8/23/2012 | CA1 Finds Individuals Who Oppose Gang Membership Are Not a “Socially Visible” Group(.pdf 508 KB)The court held that the Salvadoran petitioner failed to show he would suffer persecution because he opposes gang membership, noting he did not pinpoint any characteristic that renders members of the proposed group social visible. (Beltrand-Alas v. Holder,8/17/12) more
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| 8/23/2012 | Court Rejects B-1 in Lieu of H-1B Whistleblower Claims(.pdf 517 KB)An Alabama district court granted summary judgment against the plaintiff, who alleged his company illegally employed B-1 visa holders to avoid H-1B limitations and retaliated against him for filing a whistleblower complaint. (Palmer v. Infosys Technologies, 8/20/12) more
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| 8/20/2012 | CA2 on Rescinding Adjusted Status(.pdf 519 KB)The court rejected the petitioner’s claim that he was the beneficiary of adjustment of status when he received an immigrant visa, and held that the 5-year limitation for rescinding grants of adjustment does not apply to removal proceedings. (Adams v. Holder, 8/15/12) more
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| 8/20/2012 | CA7 on Untimely Motions to Reopen(.pdf 545 KB)The court found the petitioner’s motion to reopen was untimely filed with the BIA, noting that he did not adequately preserve an argument for review, and held he did not qualify for equitable tolling due to ineffective assistance. (El-Gazawy v. Holder, 8/16/12) more
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| 8/20/2012 | CA11 on Res Judicata and NTA Amendments(.pdf 567 KB)The court found that res judicata did not bar proceedings against the respondent, and that DHS had the authority to change the designation of status on the NTA from “inadmissible” to “admitted but removable.” (Dormescar v. U.S. Att’y Gen., 8/15/12) more
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| 8/20/2012 | CA9 Finds Conviction Under Uniform Code of Military Justice Is Not Aggravated Felony(.pdf 553 KB)The court found that the respondent, who had used a government computer to access pornography and was convicted under the UCMJ for violating an order or regulation, had not been convicted of an aggravated felony. (Aguilar-Turcios v. Holder, 8/15/12) more
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| 8/20/2012 | BIA Finds Advance Parole Not “Departure” Under INA § 212(a)(9)(B)(i)(II) (Updated 8/20/12)(.pdf 501 KB)The BIA found the respondents, who applied for adjustment under 245(i) and left on advance parole, did not make a departure which resulted in their inadmissibility under §212(a)(9)(B). Revised 8/16/12.Matter of Arrabelly and Yerrabally, 25 I&N Dec. 771 (BIA 2012). more
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| 8/20/2012 | National Benefits Center Processing Time Report (8/17/12)(.pdf 876 KB)NBC Processing Time Report released 8/17/12 with processing dates as of 6/30/12. more
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| 8/20/2012 | Vermont Service Center Processing Time Report (8/17/12)(.pdf 1657 KB)VSC Processing Time Report released 8/17/12 with processing dates as of 6/30/12. more
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| 8/20/2012 | Texas Service Center Processing Time Report (8/17/12)(.pdf 1205 KB)TSC Processing Time Report released 8/17/12 with processing dates as of 6/30/12. more
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| 8/20/2012 | Nebraska Service Center Processing Time Report (8/17/12)(.pdf 1220 KB)NSC Processing Time Report released 8/17/12 with processing dates as of 6/30/12. more
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| 8/20/2012 | California Service Center Processing Time Report (8/17/12)(.pdf 1467 KB)CSC Processing Time Report released 8/17/12 with processing dates as of 6/30/12. more
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| 8/15/2012 | CA4 Denies NACARA Relief Due to Material Support Bar(.pdf 487 KB)The court held that the petitioner was ineligible for NACARA relief because he provided material support to a terrorist organization in the early 1980s by allowing FMLN guerrillas to use his kitchen. (Barahona v. Holder, 8/13/12) more
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| 8/15/2012 | CA5 Holds TX Conviction for Possession of Fraudulent Identifying Information Is CIMT(.pdf 569 KB)The court found that the petitioner’s Texas conviction for unlawful possession of fraudulent identifying information is a crime involving moral turpitude, and held she was ineligible for cancellation of removal. (Nino v. Holder, 8/13/12) more
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| 8/15/2012 | CA3 Finds Jurisdiction Over Premature Petition for Review(.pdf 612 KB)The court held that it had jurisdiction to review the petition, which was filed before the BIA issued its final decision on the motion to reopen, noting the Attorney General did not show he was prejudiced by letting the petition ripen. (Khan v. Att’y Gen., 8/14/12) more
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| 8/15/2012 | CA11 Finds No Jurisdiction to Review Good Moral Character Determination(.pdf 523 KB)The court held that it lacked jurisdiction to review the denial of the petitioner’s request for cancellation because it was based on the BIA’s discretionary determination that the petitioner lacked good moral character. (Jimenez-Galicia v. U.S. Att’y Gen., 8/13/12) more
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| 8/15/2012 | USCIS Begins Accepting Requests for Consideration of Deferred Action for Childhood Arrivals(.pdf 778 KB)USCIS press release on meeting its 60-day implementation date & that it will begin accepting requests, effective immediately, for consideration of deferred action for childhood arrivals for certain people who came to the U.S. as children & meet other key guidelines. more
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| 8/14/2012 | USCIS Publishes Forms for Consideration of Deferred Action for Childhood Arrivals(.pdf 720 KB)USCIS press release announcing that they have submitted a Federal Register notice announcing new forms and instructions to allow individuals to request consideration of deferred action for childhood arrivals from USCIS beginning 8/15/12. more
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| 8/14/2012 | Updated USCIS FAQ on Consideration of Deferred Action for Childhood Arrivals(.pdf 11272 KB)USCIS updated 8/14/12 FAQ on consideration of deferred action for childhood arrivals, including background information on deferred action, guidelines for requesting consideration, eligibility criteria, filing processes, evidence and supporting documents, and more. more
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| 8/13/2012 | CA5 Finds Petitioner Is Not Eligible for TPS(.pdf 522 KB)The court held that the petitioner failed to meet the physical presence and residence requirements for TPS, rejecting the argument that he is eligible for TPS because his parents meet each of the eligibility requirements. (Castillo-Enriquez v. Holder, 8/10/12) more
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| 8/13/2012 | CA9 Denies Cancellation Citing Supreme Court Ruling on Imputation(.pdf 461 KB)The court previously had held the petitioner could impute her father’s legal status to herself to satisfy §240A(a), but reversed its decision & denied cancellation following the Supreme Court’s decision in Holder v. Martinez Gutierrez. (Mojica v. Holder, 8/10/12) more
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| 8/13/2012 | Visa Bulletin for September 2012(.pdf 605 KB)DOS Visa Bulletin for September 2012. Employment-based second preference cut-off date for India is currently unavailable. more
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| 8/10/2012 | CA9 Finds No Jurisdiction to Review Denial of MTR for Prosecutorial Discretion(.pdf 463 KB)The court ruled that it lacked jurisdiction to review Petitioners’ contention that the agency abused its discretion in denying a motion to reopen to seek prosecutorial discretion. (Vilchiz-Soto v. Holder,8/9/12) more
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| 8/10/2012 | CA2 Strikes Down NY Licensure Statute that Discriminates Against Nonimmigrants(.pdf 524 KB)In a case brought by nonimmigrant pharmacists, the court applied strict scrutiny review and found that NY Educ. Law §6805(1)(6), which limits the issuance of pharmacist licenses to U.S. citizens and LPRs, is unconstitutional. (Dandamudi v. Tisch, 7/10/12) more
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| 8/9/2012 | CA10 Upholds Denial of Asylum Based on Fear of MS-13(.pdf 472 KB)The court found that although evidence suggests that gang violence exists in El Salvador, Petitioner failed to prove that she would be singled out and persecuted as a result of her uncles’ military service and anti-gang activities. (Campos-Perez v. Holder, 8/6/12) more
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| 8/9/2012 | AAO Processing Time Report (8/1/12)(.pdf 640 KB)AAO Processing Times as of August 1, 2012. more
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| 8/8/2012 | BIA Finds Utah Aggravated Assault Is Not a Categorical Crime of Violence(.pdf 1016 KB)In an unpublished decision, the BIA remanded the case to the IJ, finding that Utah Code §76-5-103 is a divisible statute and that a conviction for aggravated assault under this provision is not a categorical crime of violence under 8 USC §16(b). Courtesy of Christopher Keen. more
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| 8/8/2012 | CA9 Reverses Injunction on AZ SB 1070 “Show Me Your Papers” Provision, Remands to District Court(.pdf 460 KB)In accordance with the Supreme Court’s decision in Arizona v. U.S., the court reversed the district court’s grant of a preliminary injunction on Arizona SB 1070 Section 2(B), and affirmed the enjoinder of Sections 3, 5(C), and 6. (U.S. v. Arizona, 8/8/12) more
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| 8/8/2012 | DHS Extends Zone for Border Crossing Card Holders in New Mexico(.pdf 553 KB)DHS press release announcing the publication of a notice of proposed rulemaking which would extend the border zone up to 55 miles, from the current 25 mile restriction, for Border Crossing Card (BCC) holders in the state of New Mexico. more
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| 8/8/2012 | BIA on Evidence of Hardship to Child for Cancellation of Removal(.pdf 464 KB)The BIA held that a cancellation applicant need not provide evidence of the child’s care and support upon the alien’s removal if the child will remain in the U.S. with the other parent, even if undocumented.Matter of Calderon-Hernandez, 25 I&N Dec. 885 (BIA 2012). more
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| 8/8/2012 | CA9 Strikes Down Asylum Termination Regulations(.pdf 486 KB)Quoting The Beatles, “All You Need Is Love,” the court found that under INA §208(c)(2), Congress conferred the authority to terminate asylum exclusively on DOJ (not DHS) and invalidated 8 CFR §§208.24(a) and 1208.24(a) as ultra vires. (Nijjar v. Holder, 8/1/12) more
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| 8/8/2012 | CA8 Remands, Finds BIA Applied Wrong Standard of Review(.pdf 508 KB)The court found that the BIA did not err in concluding that Petitioner committed a “violent or dangerous crime” under 8 CFR §1212.7(d), but that it engaged in improper fact finding and failed to review the IJ’s findings for clear error. (Waldron v. Holder, 8/6/12) more
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| 8/8/2012 | CBP Travel Update on I-94 Data Entry Notice(.pdf 563 KB)CBP travel update notifying visitors that CBP is in the process of automating traveler arrival records (Form I-94), which will result in delays in entering traveler’s information into the I-94 database. more
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| 8/7/2012 | CA8 Upholds Denial of Asylum for Witness in Israeli Murder Trial(.pdf 485 KB)The court found that Petitioner failed to establish that the government condoned the harassment directed toward Petitioner by private parties, or that it was helpless to protect against it. (Salman v. Holder, 8/6/12) more
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| 8/7/2012 | CA2 Remands Vartelas Ineffective Assistance Claim to BIA(.pdf 534 KB)Recognizing that the Supreme Court’s decision required it to conclude that Petitioner was prejudiced by his attorneys’ failure to argue retroactivity, the court remanded for a determination as to the quality of his attorneys’ performance. (Vartelas v. Holder,8/6/12) more
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| 8/7/2012 | CA6 on Discretion to Waive Multiple Misrepresentations(.pdf 471 KB)In a case involving two misrepresentations, the court granted the petition, rejecting the argument that INA §237(a)(1)(H) only permits waiver of the misrepresentation the alien makes at the time of his otherwise lawful admission. (Avila-Anguiano v. Holder, 8/7/12) more
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| 8/7/2012 | CA8 Finds North Dakota Racketeering Conviction Is an Aggravated Felony(.pdf 516 KB)The court rejected the argument that INA §101(a)(43)(J) requires a state racketeering offense to have an interstate or foreign commerce element and found that Petitioner’s North Dakota racketeering conviction was an aggravated felony. (Spacek v. Holder, 7/31/12) more
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| 8/7/2012 | CA7 Rejects Ineffective Assistance Claim Based on Failure to Notify Counsel(.pdf 530 KB)The court found that Petitioner failed to comply with Lozada’snotification-to-counsel requirement, rejecting his argument that compliance with the Illinois Attorney Registration and Disciplinary Commission rules was sufficient. (Marinov v. Holder, 8/1/12) more
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| 8/7/2012 | CA6 Upholds Finding that Petitioner Assisted in Torture(.pdf 489 KB)The court rejected Petitioner’s due process challenges and upheld the IJ and BIA’s finding that he assisted in the torture of others, noting that he had the requisite knowledge that the torture was to occur or was occurring. (Abdallahi v. Holder, 7/31/12) more
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| 8/7/2012 | BIA on Adjustment of Status for K-4 Nonimmigrants(.pdf 491 KB)The BIA held that a K-4 nonimmigrant, who was over 18 years of age when her K-3 mother married the K petitioner, is ineligible for adjustment of status under INA §245(a) because she cannot qualify as the petitioner’s “stepchild.” (Matter of Akram, 8/1/12)more
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| 08/7/2012 | USCIS National Customer Service Center Now Open on Saturdays(.pdf 565 KB)USCIS press release announcing that the USCIS National Customer Service Center is expanding its hours to include Saturdays from 9 a.m. to 5 p.m. Live agents will now be available Monday –Friday, 8 a.m. – 8 p.m. and Saturdays from 9 a.m. to 5 p.m in each time zone. more
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| 08/7/2012 | BALCA Says Drug Testing and Background Checks are “Requirements” for Recruitment Purposes(.pdf 131 KB)BALCA found that the phrase, “Hiring Requirements: Drug Testing/Screening, Background Checks” constitutes an additional requirement and upheld the denial where it was listed on the SWA job order but not on the ETA Form 9089. (Matter of Prosoft Associates, 8/3/12) more
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| 08/3/2012 | USCIS Brochure on How to Request Deferred Action for Childhood Arrivals(.pdf 1418 KB)USCIS 8/3/12 brochure on how to request consideration of deferred action for childhood arrivals, including information on eligibility criteria, supporting evidence, request procedures, fees, confidentiality, and more. more
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| 08/3/2012 | USCIS Flowchart on Consideration of Deferred Action for Childhood Arrivals(.pdf 4333 KB)USCIS flowchart providing guidelines for potential applicants to determine if they meet the criteria for requesting Deferred Action for Childhood arrivals. A broad overview of the filing process is also provided. more
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| 8/3/2012 | DHS Press Release on Deferred Action for Childhood Arrivals Process(.pdf 600 KB)USCIS press release providing additional information on the deferred action for childhood arrivals process during a national media call in preparation for the August 15, 2012 implementation date. more
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| 08/3/2012 | SEVIS to Withdraw Certification for Herguan University(.pdf 587 KB)ICE press release on Student & Exchange Visitor Program (SEVP) serving Herguan University school officials with a notice of intent to withdraw the school's SEVP certification and Student and Exchange Visitor Information System (SEVIS) access. more
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| 08/2/2012 | Chicago National Processing Center Has Moved!(.pdf 632 KB)DOL public statement on the new mailing addresses for the Chicago National Processing Center (NPC), effective August 2, 2012, for the D-1, H-2A and H-2B programs. more
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| 08/2/2012 | USCIS Notice on Centralized Filing & Adjudication for Certain Waivers of Inadmissibility(.pdf 714 KB)USCIS public statement saying that individuals who mail requests to waive certain grounds of inadmissibility directly to a USCIS lockbox facility will have advantages like faster filing, shorter processing times and the ability to track the progress of an application. more
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| 08/2/2012 | San Antonio ICE Deports Record Numbers in FY2012(.pdf 999 KB)ICE press release on San Antonio ICE field office deporting a record 68,000 individuals, 99% being within ICE's enforcement priorities, 37 percent were convicted criminals, 33 percent repeat immigration violators or immigration fugitives and 29 percent recent border entrants. more
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July, 2012 |
| 7/12/2012 | Visa Bulletin for August 2012(.pdf 602 KB) DOS Visa Bulletin for August 2012. Employment-based second preference cut-off date for India is currently unavailable. more
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| 7/11/2012 | AAO Processing Time Report (7/1/12)(.pdf 640 KB) AAO Processing Times as of July 1, 2012. more
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| 7/10/2012 | CA9 Holds California Conviction for Resisting an Officer Is Not Categorical Crime of Violence(.pdf 482 KB) The court held that a California conviction for resisting an executive officer is not a categorical crime of violence, and remanded the case to the BIA to apply the modified categorical approach. (Flores-Lopez v. Holder, 7/9/12) more
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| 7/10/2012 | CA1 Denies Asylum to Honduran Tax Analyst(.pdf 488 KB) The court found that the Honduran petitioner, who received threats because he wrote a report exposing governmental fraud, failed to show that he suffered harm amounting to persecution or that he was targeted because of a protected ground. (Lobo v. Holder, 7/6/12) more
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| 7/9/2012 | U.S.-Based Group Can Be “Internationally Recognized” for P-1 Purposes(.pdf 754 KB) A 12/31/11 USCIS memorandum confirms that “internationally recognized entertainment groups” includes U.S.-based groups and that an individual performer may be eligible for P-1B status to join a U.S.-based group, but P-1S essential support personnel may not. more
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| 7/6/2012 | CA9 on the Material Support Bar and Administrative Waiver Process(.pdf 493 KB) The court held that the material support bar does not include an implied exception for legitimate political violence or support under duress, and noted it deferred to the administrative waiver process supplied by Congress. (Annachamy v. Holder, 7/3/12) more
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| 7/3/2012 | CA5 Finds Petitioner Is Not Entitled to Derivative Citizenship(.pdf 539 KB) The court found the petitioner was not entitled to derivative citizenship under INA § 321(a)(2) or (3), and that § 321(a) does not unconstitutionally discriminate on the basis of gender or legitimacy. (Ayton v. Holder, 7/2/12) more
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| 7/3/2012 | CA9 Denies 212(h) Waiver for Failure to Meet Heightened Hardship Standard(.pdf 470 KB) The court upheld the BIA’s denial of a 212(h) waiver, holding that the petitioner committed a “violent or dangerous” crime and that he failed to satisfy the heightened hardship standard required by 8 C.F.R.§ 1212.7(d). (Rivera-Peraza v. Holder, 6/29/12) more
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| 7/3/2012 | DHS Proposes New “Social Distinction” Test in Asylum Case(.pdf 1565 KB) DHS proposed a new "social distinction” test for asylum cases in its brief in Valdiviezo-Galdamez, on remand from a Third Circuit decision which rejected the BIA’s "social visibility" and "particularity" tests for determining if a particular social group exists. more
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| 7/2/2012 | CA9 Finds Jurisdiction over Denial of Alien Crew Member Asylum Claim(.pdf 469 KB) The court found that it had jurisdiction to review the denial of an alien crew member’s “asylum-only” proceeding because it is the functional equivalent of a final order of removal, but denied the petition for review. (Nian v. Holder, 6/28/12) more
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June, 2012 |
| 6/29/2012 | BIA Holds Returning LPR Is Applicant for Admission(.pdf 470 KB) The Board held that the LPR respondent could be treated as an applicant for admission if DHS shows by clear and convincing evidence that the respondent attempted to bring an undocumented child into the U.S. Matter of Guzman Martinez, 25 I&N Dec. 845 (BIA 2012). more
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| 6/29/2012 | CA9 Finds BIA Erred In Making Factual Determinations(.pdf 499 KB) The court found that the Board committed legal error by engaging in prohibited de novo review and by making its own factual determination when it reversed the IJ’s determination that the petitioner was admissible. (Rodriguez v. Holder, 6/27/12) more
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| 6/28/2012 | CA1 Denies Guatemalan Asylum Claim(.pdf 467 KB) The court found the petitioner did not prove that guerilla fighters targeted her family members on account of their membership in the family, and rejected “perceived wealthy Guatemalans returning from abroad” as a particular social group. (Ayala v. Holder, 6/27/12) more
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| 6/28/2012 | CA5 Upholds “Particularity” and “Social Visibility” Requirements in Asylum Case(.pdf 548 KB) The court upheld the BIA’s “particularity” and “social visibility” requirements for membership in a particular social group, and found the proposed social group based on resisting gang recruitment did not meet those requirements. (Orellana-Monson v. Holder, 6/25/12) more
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| 6/28/2012 | CA6 Holds Pakistani Petitioner Abandoned LPR Status(.pdf 514 KB) The court upheld the BIA’s conclusion that the petitioner abandoned her LPR status after travelling to Pakistan for over 180 days and spending the majority of her time as an LPR in Pakistan. (Lateef v. Holder, 6/26/12) more
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| 6/28/2012 | BIA Holds that Accessory After the Fact Qualifies as an Aggravated Felony(.pdf 479 KB) The Board held that the respondent’s conviction for accessory after the fact is an aggravated felony because it is “an offense relating to obstruction of justice.” Matter of Valenzuela Gallardo, 25 I&N Dec. 838 (BIA 2012). more
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| 6/27/2012 | AAO Reverses Denial of EB-1 for Business Expert(.pdf 641 KB) In an unpublished decision, the AAO found that the petitioner met three of the eligibility criteria, that he submitted sufficient evidence to demonstrate his sustained acclaim, and that his achievements have been recognized in the business field. Courtesy of Ilene D. Sager. more
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| 6/27/2012 | AAO Reverses Denial of EB-1 for Contemporary Artist(.pdf 774 KB) The AAO found, under the Kazarian “final merits determination,” that petitioner’s extensive documentation of his achievements as an artist demonstrated sustained national or international acclaim and recognition in his field. Courtesy of Catherine L. Haight. more
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| 6/27/2012 | CA1 on the Meaning of “Conviction” in INA § 237(a)(2)(A)(ii)(.pdf 468 KB) The court found that the petitioner was “convicted” of shoplifting for the purposes of INA § 237(a)(2)(A)(ii), despite the fact that the shoplifting fine was vacated for reasons unrelated to procedural or substantive error. (Viveiros v. Holder, 6/25/12) more
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| 6/27/2012 | CA1 Remands to BIA for Inadequately Reasoned Decision(.pdf 491 KB) The court found the petitioner was not eligible for cancellation because she could not impute her father’s time in the U.S. to her continuous residence, but remanded her asylum claim, holding that the BIA’s decision was inadequate. (Aponte v. Holder, 6/21/12) more
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| 6/25/2012 | DOS Issues Cable on B-1 in Lieu of H-1B and H-3(.pdf 513 KB) A 6/21/12 DOS cable notes that guidance on B-1 in lieu of H is currently under review bur remains in effect until further notice. In order to avoid delays at the port of entry, consular officers are to annotate the B-1 visa with “B in lieu of H, 9 FAM 41.31 N11.” more
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| 6/25/2012 | BIA Remands I-130 Appeals in Same-sex Marriage Cases(.pdf 5367 KB) In 4 unpublished decisions, the BIA remanded I-130 appeals brought by same-sex couples for USCIS to clarify whether the marriages were valid under state law and whether the beneficiary would be considered a "spouse" under the INA, absent DOMA. Courtesy of Masliah & Soloway. more
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| 6/25/2012 | BIA on Applicability of INA § 101(a)(13)(C)(v) to Respondent Seeking to Adjust Status(.pdf 469 KB) The Board held that an LPR who was granted cancellation in proceedings arising from a drug conviction must prove that conviction does not make him inadmissible when adjusting status in subsequent proceedings. Matter of Fernandez Taveras, 25 I&N Dec. 834 (BIA 2012). more
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| 6/25/2012 | Supreme Court Issues Decision in Arizona SB1070 Case(.pdf 790 KB) The Court found that 3 provisions of Arizona SB1070 are preempted, but upheld the provision that requires local police to check the immigration status of anyone they have “reasonable suspicion” to believe is in the U.S. unlawfully. (Arizona v. United States, 6/25/12) more
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| 6/25/2012 | BALCA on Calculating 180-Day Period for Filing under 20 CFR §656.17(e)(.pdf 104 KB) The panel rejected General Electric and Calvert Masonry and held that the 180-day time-period for filing the ETA 9089 is calculated based on the date the SWA job order is commenced, not the date it ends. (Matter of Industrial Steel Products, 6/21/12) more
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| 6/21/2012 | Tech Company Agrees to Pay Over $740,000 to 73 H-1B Workers(.pdf 1206 KB) DOL Wage and House Division press release announcing that a Georgia technology company has agreed to pay $741,288 in back wages to 73 H-1B employees, following an investigation that found multiple violations of the H-1B program. more
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| 6/20/2012 | CA9 Finds No Due Process Violation in Video Conference Hearing(.pdf 473 KB) The court found that the petitioner’s video-conference hearing on the merits of his cancellation of removal application did not violate his right to due process, but noted that such determinations must be made on a case-by-case basis. (Vilchez v. Holder, 6/19/12) more
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| 6/19/2012 | BALCA Reverses Denial, Finds Prevailing Wage Variance De Minimus(.pdf 100 KB) Limiting its holding to the facts of the case, BALCA applied the rationale in Superior Landscape and found that where the employer’s advertised wage was 99.9997% of the prevailing wage, the statutory requirements were satisfied. (Matter of Kohler Co., 6/14/12) more
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| 6/19/2012 | BALCA Says “Employer” Does Not Include its Representatives for Purposes of Job Posting(.pdf 132 KB) BALCA held that 20 CFR §656.17(f)(1)’s mandate to “name the employer” in the posted notice of filing cannot be satisfied by naming the authorized representative of the employer, in this case, the CFO. (Matter of Saints, Inc. & Piedmont Dairies, Inc., 6/13/12) more
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| 6/19/2012 | CA2 on Adjustment to Full LPR Status for K-1 Visa Holders(.pdf 547 KB) The court held that, because the petitioner was originally admitted to the U.S. on a K-1 visa, he cannot adjust his status to that of a full LPR on any basis other than marriage to his original K-1 visa sponsor. (Caraballo-Tavera v. Holder, 6/18/12) more
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| 6/19/2012 | CA7 Holds It Cannot Review BIA Denial of Motion to Reopen Sua Sponte(.pdf 527 KB) The court held that the BIA’s decision not to reopen a case sua sponte is an unreviewable discretionary decision, and that Kucana did not disturb prior circuit precedent on denied motions to reopen sua sponte. (Anaya-Aguilar v. Holder, 6/14/12) more
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| 6/19/2012 | ICE Memo on the Exercise of Prosecutorial Discretion for Certain Young People(.pdf 667 KB) A 6/15/12 ICE memo addressed to all ICE employees concerning the exercise of prosecutorial discretion for certain individuals who entered the U.S. as a child, noting that additional guidance is forthcoming. more
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| 6/18/2012 | National Benefits Center Processing Time Report (6/15/12)(.pdf 599 KB) NBC Processing Time Report released 6/15/12 with processing dates as of 4/30/12. more
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| 6/18/2012 | Vermont Service Center Processing Time Report (6/15/12)(.pdf 1021 KB) VSC Processing Time Report released 6/15/12 with processing dates as of 4/30/12. more
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| 6/18/2012 | Texas Service Center Processing Time Report (6/15/12)(.pdf 728 KB) TSC Processing Time Report released 6/15/12 with processing dates as of 4/30/12. more
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| 6/18/2012 | Nebraska Service Center Processing Time Report (6/15/12)(.pdf 783 KB) NSC Processing Time Report released 6/15/12 with processing dates as of 4/30/12. more
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| 6/18/2012 | California Service Center Processing Time Report (6/15/12)(.pdf 902 KB) CSC Processing Time Report released 6/15/12 with processing dates as of 4/30/12. more
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| 6/16/2012 | DHS Invitation for Stakeholder Engagement on Deferred Action for Certain Young People(.pdf 491 KB) DHS invitation for a 6/18/12 stakeholder conference call to discuss Secretary Napolitano’s memo directing DHS components to exercise prosecutorial discretion on an individualized basis with respect to individuals who came to the U.S. as children. Call information provided. more
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| 6/16/2012 | Transcript of President Obama’s Speech on Immigration & Deferred Action(.pdf 645 KB) White House transcript of 6/15/12 remarks by President Barack Obama on deferred action and that certain young people who were brought to the country as children will be eligible to receive deferred action for a period of two years, subject to renewal. more
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| 6/15/2012 | BIA on Qualifying Relatives for Cancellation Applications(.pdf 576 KB) The Board held that the petitioner did not have a qualifying relative under INA § 240A(b)(1)(D), because his son turned 21 after the application was filed, but before the IJ adjudicated the application. Matter of Isidro-Zamorano, 25 I&N Dec. 829 (BIA 2012). more
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| 6/15/2012 | CA3 Vacates Decision on Waiver of Rights under the Visa Waiver Program(.pdf 514 KB) The court vacated its decision, which had held the petitioner had not proved she didn’t execute a waiver when she entered the U.S. as a minor pursuant to the VWP, after OIL discovered she had not actually entered under the VWP. (Vera v. Att’y Gen., 6/13/12) more
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| 6/15/2012 | DHS Press Release Announces Deferred Action Process for Certain Young People(.pdf 464 KB) DHS press release announcing that effective immediately, certain young people who were brought to U.S. as young children, do not present a risk to public safety & meet other criteria will be considered for relief from removal or from entering into removal proceedings. more
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| 6/15/2012 | DHS Memo on Deferred Action Process for Certain Young People(.pdf 547 KB) DHS 6/15/12 memo from Janet Napolitano stating that certain young people who were brought to this country as children lacked the intent to violate the law & specific criteria should be satisfied before an individual is considered for an exercise of prosecutorial discretion. more
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| 6/13/2012 | CA9 Affirms EB-1 Denial by District Court(.pdf 459 KB) The court affirmed the denial of an EB-1 visa petition and adopted the district court’s opinion, which upheld USCIS’s determination that the petitioner did not prove sustained acclaim sufficient to demonstrate extraordinary ability. (Rijal v. USCIS, 6/13/12) more
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| 6/13/2012 | BIA Holds Admission to Northern Mariana Islands Not Admission for 245(a) Purposes(.pdf 471 KB) The Board found that respondent’s admission to the Commonwealth of the Northern Mariana Islands (CNMI) by a CNMI officer before CNMI was included in the definition of the U.S. did not amount to an admission into the U.S. Matter of Valdez, 25 I&N Dec. 824 (BIA 2012). more
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| 6/12/2012 | H-1B Cap Reached for FY2013(.pdf 495 KB) USCIS announces that the annual limit for H-1B filings was reached as of 6/11/12. Any cap-subject applications received after that date will be rejected. more
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| 6/11/2012 | DOL Updates FAQs on PERM Placement of Job Orders(.pdf 639 KB) Department of Labor Frequently Asked Questions (FAQ) document regarding the PERM Program and the placement of job orders. more
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| 6/11/2012 | Visa Bulletin for July 2012(.pdf 607 KB) DOS Visa Bulletin for July 2012. Employment-based second preference cut-off date for India is currently unavailable, with Section D explaining why it will probably remain unavailable until at least September 30, 2012. more
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| 6/11/2012 | BALCA Finds Employer Failed to Investigate Potentially Qualified U.S. Applicants(.pdf 106 KB) BALCA affirmed the CO’s denial, finding the employer failed to interview candidates that facially met the employer’s requirements, where it indicated it would accept “any suitable combination of education, training, or experience.” (Matter of Goldman Sachs, 6/8/12) more
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| 6/1/2012 | Comment Period Ends for Provisional Unlawful Presence Waiver Process Rule(.pdf 858 KB) USCIS press release announcing that formal public comment period closed for USCIS’ provisional unlawful presence waivers of inadmissibility for certain immediate relatives rule which proposes a new filing process for certain immediate relatives of U.S. citizens. more
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May, 2012 |
| 5/31/2012 | District Court Grants EAJA Fees in H-1B Litigation(.pdf 487 KB) The court found that the arguments USCIS used to defend the denial of an H-1B for a market research analyst were not substantially justified, noting that they carried no persuasive force in this particular case. Courtesy of Rob Cohen. (RFC v. USCIS, 5/14/12) more
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| 5/30/2012 | BALCA Says Attempts to Explain NOF Deficiencies Are Almost Certainly Destined to Fail(.pdf 105 KB) Finding the lack of employer name in the NOF fatal, BALCA noted that a majority of cases rejects the Stone Tech suggestion that an NOF deficiency can be overcome by showing it would not have mattered under the circumstances. (Matter of Aero Parts Mgmt, 5/25/12) more
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| 5/29/2012 | CA11 Strikes Down Post-Departure Bar Regulation(.pdf 515 KB) The court held that the departure bar in 8 C.F.R. § 1003.2(d), which prohibits the BIA from considering a motion to reopen filed by a noncitizen who is outside of the U.S., impermissibly conflicts with the INA § 240(c)(7)(A). (Lin v. U.S. Att’y Gen., 5/23/12) more
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| 5/29/2012 | CA4 Upholds Matter of Rojas on Mandatory Detention under § 236(c)(.pdf 487 KB) The court found that the petitioner is subject to mandatory detention under § 236(c), despite the fact he was not taken into federal custody immediately upon his release from state custody. (Hosh v. Lucero, 5/25/12) more
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| 5/29/2012 | USCIS Policy Memo on Locally Filed I-130 Forms(.pdf 511 KB) USCIS policy memorandum from 5/14/12 providing guidance and procedures for managers when responding to requests by DOS to accept a locally filed Form I-130 where USCIS does not have a presence. more
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| 5/29/2012 | DOL Updates FAQs on PERM & Fractional Years on Form 9089(.pdf 635 KB) Department of Labor Frequently Asked Questions (FAQ) document regarding the PERM Program and entering fractional year values in Section H, Item 8-C of ETA Form 9089. more
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| 5/25/2012 | USCIS Invitation for Stakeholder Engagement on Centralized Form I-601 Filing(.pdf 707 KB) USCIS invitation for a 5/31/12 stakeholder engagement to discuss the transition to centralized Lockbox filing of Form I-601 known as “Application for Waiver of Grounds of Inadmissibility”, filed by applicants outside the U.S. RSVP by 5/30/12. more
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| 5/23/2012 | USCIS to Centralize Filing & Adjudication for Certain Waivers of Inadmissibility(.pdf 1067 KB) USCIS press release announcing that beginning on 6/4/12, individuals abroad who have applied for certain visas & have been found ineligible by a consular officer will be able to mail requests to waive certain grounds of inadmissibility directly to a USCIS lockbox facility. more
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| 5/22/2012 | USCIS Releases Instructions for Requesting Benefits Using ELIS(.pdf 900 KB) May 2012 instructions USCIS Electronic Immigration System or ELIS which provides a simplified, online method for applicants, petitioners, and their attorneys or accredited representatives to submit and track electronically filed applications. more
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| 5/22/2012 | CA11 Remands §209(c) Waiver Denial(.pdf 537 KB) The court found that the IJ and BIA erred by failing to consider country conditions in Sudan and the hardship the petitioner would suffer if removed when they denied his waiver application under INA § 209(c). (Makir-Marwil v. U.S. Att’y Gen., 5/22/12) more
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| 5/22/2012 | BALCA Discusses Use of Urban vs. Rural Newspapers(.pdf 109 KB) BALCA found that where the employer is in a rural area with no Sunday newspaper, an urban newspaper with a Sunday edition may be appropriate if it is more widely circulated in the area of intended employment than the local paper. (Matter of Michigan Tech., 5/21/12) more
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| 5/21/2012 | Supreme Court Says Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility(.pdf 580 KB) The Court upheld the BIA’s interpretation of the criteria for cancellation of removal, holding that a noncitizen living in the U.S. as a child cannot count his parent’s years of residence or time as a LPR to satisfy §240A(a). (Holder v. Martinez Gutierrez, 5/21/12) more
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| 5/21/2012 | DOD Memo on MAVNI Reinstatement(.pdf 667 KB) A 5/16/12 DOD memorandum on the reinstatement of the MAVNI program, which allows certain U.S. military personnel to apply for U.S. citizenship without first becoming an LPR. Additional languages have also been added to the language list. more
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| 5/21/2012 | ALJ Finds Numerous H-1B Violations, Orders Payment of Back Wages and Penalties(.pdf 322 KB) The ALJ ordered the employer to pay over $250,000 in back wages to former H-1B employees and $67,000 in penalties for failure to pay the prevailing wage, and failure to post LCAs at end client work sites, among other violations. (Matter of Xcel Solutions, 5/16/12) more
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| 5/21/2012 | BALCA on Mandatory vs. Additional Recruitment(.pdf 160 KB) BALCA held that the placing of a third advertisement in a single newspaper may satisfy the PERM recruitment requirements if the newspaper meets the criteria of both a local newspaper and a newspaper of general circulation. (Matter of Symrise, 5/18/12) more
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| 5/18/2012 | BIA Overturns Denial of Motion for Continuance(.pdf 533 KB) In an unpublished decision, the Board overturned the IJ’s denial of a continuance to allow the respondent to pursue adjustment of status, finding that the denial rested on a clearly erroneous factual finding of previous marriage fraud. Courtesy of Nicolas Chavez. more
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| 5/18/2012 | CA11 Finds It Lacks Jurisdiction to Review Battered-Spouse Determination(.pdf 531 KB) The court found that it lacked jurisdiction to review whether the petitioner was “battered or subjected to extreme cruelty” for the purposes of §240A(b)(2), holding that it is a discretionary determination. (Bedoya-Melendez v. U.S. Att’y Gen., 5/17/12) more
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| 5/16/2012 | National Benefits Center Processing Time Report (5/16/12)(.pdf 887 KB) NBC Processing Time Report released 5/16/12 with processing dates as of 3/31/12. more
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| 5/16/2012 | Vermont Service Center Processing Time Report (5/16/12)(.pdf 1700 KB) VSC Processing Time Report released 5/16/12 with processing dates as of 3/31/12. more
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| 5/16/2012 | Texas Service Center Processing Time Report (5/16/12)(.pdf 1278 KB) TSC Processing Time Report released 5/16/12 with processing dates as of 3/31/12. more
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| 5/16/2012 | Nebraska Service Center Processing Time Report (5/16/12)(.pdf 1281 KB) NSC Processing Time Report released 5/16/12 with processing dates as of 3/31/12. more
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| 5/16/2012 | California Service Center Processing Time Report (5/16/12)(.pdf 1496 KB) CSC Processing Time Report released 5/16/12 with processing dates as of 3/31/12. more
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| 5/15/2012 | CRS Report on Immigration of Foreign Nationals with STEM Degrees(.pdf 868 KB) Congressional Research Service report from 5/11/12 entitled “Immigration of Foreign Nationals with Science, Technology, Engineering & Mathematics Degrees” which shows a renewed focus on creating additional immigration pathways for foreign professional workers in STEM fields. more
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| 5/15/2012 | USCIS Press Release on Precedent P-3 Visa Petition Decision(.pdf 1388 KB) USCIS press release on AAO binding precedent appeals decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers based on a 2009 petition by Los Angeles-based Skirball Cultural Center. more
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| 5/11/2012 | Visa Bulletin for June 2012(.pdf 732 KB) DOS Visa Bulletin for June 2012. Employment-based second preference cut-off date for India is currently unavailable, with Section D explaining why it is unavailable. more
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| 5/11/2012 | DHS Announces Expanded List of STEM Degree Programs(.pdf 962 KB) DHS press release announcing expanded list of science, technology, engineering, and math designated-degree programs that qualify eligible graduates on student visas for an optional practical training extension. more
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| 5/9/2012 | CA10 on Jurisdiction to Review Citizenship Claim(.pdf 508 KB) The court held that it had jurisdiction to review whether the petitioner – who was brought to the U.S. as a baby by her adoptive USC mother - was a citizen, and determined that she was too old to qualify under the CCA for citizenship. (Shepherd v. Holder, 5/8/12) more
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| 5/8/2012 | BIA Finds Respondent Eligible for Derivative Asylum(.pdf 464 KB) The Board found that the respondent, who is unmarried and turned 21 while her mother’s asylum application was pending, continues to be classified as a “child” for purposes of qualifying for derivative asylum. Matter of A-Y-M-, 25 I&N Dec. 791 (BIA 2012). more
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| 5/8/2012 | CA9 to Rehear Case on Credibility Determinations En Banc(.pdf 457 KB) The court ordered that Oshodi v. Holder, which discussed credibility determinations under the REAL ID Act, be reheard en banc. (Oshodi v. Holder, 5/3/12) more
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| 5/8/2012 | BALCA on Familial Relationship Between Alien and Employer(.pdf 171 KB) Referencing pre-PERM case law, BALCA reversed the denial where the alien was the brother of the owner of the sponsoring employer, but had no ownership interest in the company. (Matter of MMB Stucco, 5/7/12)more
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| 5/8/2012 | CA8 Declines to Reopen Cancellation Case(.pdf 505 KB) The court found that the BIA did not abuse its discretion when it refused to reopen the petitioner’s removal proceedings based on new evidence regarding his son’s developmental delay. (Camarillo-Jose v. Holder, 5/7/12)more
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| 5/8/2012 | CA3 Dismisses RICO Case Alleging Landlords Harbored Undocumented Tenants(.pdf 700 KB) In a case brought with help from the Immigration Reform Law Institute, the court dismissed the tenant plaintiffs’ RICO claims and held that property owners who rented to undocumented persons were not guilty of harboring. (Delrio-Mocci v. Connolly Properties, 2/24/12) more
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| 5/4/2012 | CA1 Finds NTA Was Not Withdrawn, Triggered Stop-Time Rule(.pdf 477 KB) The court found that the petitioner was not eligible for cancellation of removal because the NTA - issued 5 days before he would have accrued the required physical presence – was amended, not withdrawn, and triggered the stop-time rule. (Cheung v. Holder, 5/2/12)more
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| 5/4/2012 | CA8 on 212(h) Waiver Eligibility(.pdf 520 KB) The court upheld the BIA’s conclusion that the petitioner was ineligible for a 212(h) waiver because his conviction for possession of drug paraphernalia in a vehicle is not “a single offense of simple possession of … marijuana.” (Popescu-Mateffy v. Holder, 5/2/12) more
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| 5/3/2012 | BALCA Finds No Regulatory Violation in Wage Error on ETA 9089(.pdf 154 KB) BALCA reversed, finding that there was no regulatory violation where the prevailing wage listed on the ETA 9089 was lower than the PWD, and that a typographical error on its own does not provide a valid basis for denial. (Matter of IAC Search & Media, 5/2/12)more
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| 5/3/2012 | AAO Processing Time Report (5/1/12)(.pdf 639 KB) AAO Processing Times as of May 2, 2012.more
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| 5/3/2012 | U.S. Dedicates New Consulate General Compound in Indonesia(.pdf 845 KB) DOS press release on the new American consulate general facility in Surabaya, Indonesia which will provide improved facilities to serve both U.S. and Indonesian citizens, such as a more comfortable consular area for visa services and American citizen services.more
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| 5/3/2012 | BIA Finds Respondent with Aggravated Felony Conviction Eligible for 212(h) Relief(.pdf 477 KB) The Board found that the respondent - who entered without inspection and later adjusted to LPR status – was eligible for 212(h) relief despite an aggravated felony conviction due to controlling Fifth Circuit precedent. Matter of Rodriguez, 25 I&N Dec. 784 (BIA 2012).more
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| 5/2/2012 | USCIS Informational Poster on Provisional Unlawful Presence Waiver(.pdf 1036 KB) USCIS poster reminding people that the provisional unlawful presence waiver is not yet currently in effect, not to send an application requesting a provisional waiver and not to cancel or fail to appear at your scheduled immigration visa interview with the State Department.more
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| 5/2/2012 | CA6 Declines to Transfer Venue, Remands on Firm-Resettlement Finding(.pdf 473 KB) The court rejected the government’s motion to transfer the asylum case to the Fourth Circuit, and remanded to the BIA to reevaluate the IJ’s firm-resettlement finding. (Thiam v. Holder, 4/30/12) more
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| 5/2/2012 | CA6 Upholds Denial of Hardship Waiver Under INA §216(c)(4)(B)(.pdf 477 KB) The court found that there was substantial evidence supporting the Board’s decision to deny a hardship waiver under INA §216(c)(4)(B). (Johns v. Holder, 5/2/12) more
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| 5/2/2012 | CA2 on Embezzlement By a Bank Employee(.pdf 487 KB) The court rejected the BIA’s conclusion that the petitioner’s conviction for embezzlement by a bank employee was an aggravated felony, noting that the facts the petitioner pled to did not indicate whether he acted with intent to defraud. (Akinsade v. Holder, 5/1/12)more
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April, 2012 |
| 4/30/2012 | DHS to Re-Designate Somalia for Temporary Protected Status for 18 Months(.pdf 742 KB) USCIS press release announcing DHS Secretary Janet Napolitano’s decision to extend the current Temporary Protected Status (TPS) designation of Somalia and to re-designate the country for 18 months. The official notice will be in the 5/1/12 edition of the Federal Register. more
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| 4/30/2012 | National Benefits Center Processing Time Report (4/30/12)(.pdf 887 KB) NBC Processing Time Report released 4/30/12 with processing dates as of 2/29/12. more
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| 4/30/2012 | Vermont Service Center Processing Time Report (4/30/12)(.pdf 1827 KB) VSC Processing Time Report released 4/30/12 with processing dates as of 2/29/12. more
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| 4/30/2012 | Texas Service Center Processing Time Report (4/30/12)(.pdf 1320 KB) TSC Processing Time Report released 4/30/12 with processing dates as of 2/29/12.more
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| 4/30/2012 | Nebraska Service Center Processing Time Report (4/30/12)(.pdf 1251 KB) NSC Processing Time Report released 4/30/12 with processing dates as of 2/29/12. more
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| 4/30/2012 | California Service Center Processing Time Report (4/30/12)(.pdf 1487 KB) CSC Processing Time Report released 4/30/12 with processing dates as of 2/29/12. more
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| 4/27/2012 | DOJ Closes Investigation on Border Killing of 15-Year-Old Mexican National(.pdf 1798 KB) DOJ press release announcing insufficient evidence to pursue federal criminal charges against a CBP border patrol agent for the fatal shooting of a 15-year-old Mexican national shot within a spillway of the Rio Grande River along the U.S.–Mexico border on June 7, 2010. more
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| 4/27/2012 | ICE Statistics on Prosecutorial Discretion(.pdf 472 KB) ICE statistics on prosecutorial discretion (PD) provided to AILA, including the number of cases reviewed, number of cases identified for a grant of PD, number of cases granted deferred action and stays of removal, and more. more
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| 4/27/2012 | CA1 on Corroboration in Asylum Proceedings(.pdf 473 KB) Applying the law as it existed prior to the REAL ID Act, the court found that the BIA should have made an explicit finding on the adequacy of the asylum applicant’s explanation for failing to corroborate certain aspects of more
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| 4/26/2012 | ICE FAQs on Facilitating the Return of Certain Removed Aliens(.pdf 638 KB) ICE Frequently Asked Questions (FAQs) about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens, including information on points of contact, transportation documentation, what happens upon return, and more.more
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| 4/26/2012 | USCIS Proposed Provisional Unlawful Presence Waiver Is Not Yet in Effect(.pdf 483 KB) USCIS press release restating that the provisional unlawful presence waiver is not yet currently in effect. Also, they warn people of notaries & others who are not authorized to practice immigration law, who claim they can help people get a provisional waiver. more
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| 4/25/2012 | CA9 Remands on Review of Consular Immigrant Visa Denial(.pdf 487 KB) The court found the record on appeal was insufficient to determine whether it had jurisdiction to review the plaintiff’s motion to compel the defendants to act on his request to reconsider his DS-230 application. (Rivas v. Napolitano, et al., 4/25/12) more
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| 4/24/2012 | CA9 Finds Misprision of Felony Not CIMT(.pdf 487 KB) The court found that misprision of a felony is not categorically a CIMT, and noted that the fact an offense violates “societal duties” is not enough to make it a CIMT; otherwise, every crime would be a CIMT. (Robles-Urrea v. Holder, 4/23/12)more
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| 4/23/2012 | CA2 Finds NY Second-Degree Assault is Aggravated Felony(.pdf 563 KB) The court found a conviction under NY law for second-degree assault qualifies as an aggravated felony, and that Padilla did not overturn precedent holding that the Ex Post Facto Clause is not applicable in the deportation context. (Morris v. Holder, 4/23/12)more
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| 4/23/2012 | CA2 Finds CT Witness Tampering Conviction Is Aggravated Felony(.pdf 500 KB) The court found that a Connecticut conviction for witness tampering constitutes an aggravated felony as an “offense relating to obstruction of justice,” and held that the petitioner was ineligible for relief. (Higgins v. Holder, 4/19/12) more
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| 4/23/2012 | National Benefits Center Processing Time Report (4/23/12)(.pdf 499 KB) NBC Processing Time Report released 4/23/12 with processing dates as of 2/29/12.more
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| 4/23/2012 | Vermont Service Center Processing Time Report (4/23/12)(.pdf 712 KB) VSC Processing Time Report released 4/23/12 with processing dates as of 2/29/12. more
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| 4/23/2012 | Texas Service Center Processing Time Report (4/23/12)(.pdf 616 KB) TSC Processing Time Report released 4/23/12 with processing dates as of 2/29/12. more
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| 4/23/2012 | Nebraska Service Center Processing Time Report (4/23/12)(.pdf 639 KB) NSC Processing Time Report released 4/23/12 with processing dates as of 2/29/12.more
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| 4/23/2012 | California Service Center Processing Time Report (4/23/12)(.pdf 637 KB) CSC Processing Time Report released 4/23/12 with processing dates as of 2/29/12. more
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| 4/20/2012 | USCIS NCSC Not Taking Calls On Friday April 20, 2012(.pdf 614 KB) USCIS statement saying that National Customer Service Center will not be available to receive calls about individual cases from 12:30 pm to 4:30 pm EDT on 4/20/12, but their toll-free number 1-800-375-4283 will still available for general immigration questions at that time. more
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| 4/18/2012 | CA11 Finds Petition for Review Untimely Where Court was “Accessible”(.pdf 503 KB) The court found that they lacked jurisdiction to consider the petition for review, which was received 31 days after the BIA issued its order, because the Clerk’s office was accessible on the day the petition was due. (Lin v. U.S. Att’y Gen., 4/17/12) more
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| 4/18/2012 | CA4 Grants Petition for Review in Eritrean Asylum Case(.pdf 1199 KB) In an unpublished decision, the court vacated the BIA order, noting the IJ committed multiple legal and factual errors constituting an abuse of discretion, including engaging in speculation and failing to consider corroborating evidence. Courtesy of David Goren.more
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| 4/18/2012 | BIA Finds Advance Parole Not “Departure” Under INA § 212(a)(9)(B)(i)(II)(.pdf 500 KB) The Board found the respondents, who had applied for adjustment under 245(i) and left on advance parole, did not make a departure which resulted in their inadmissibility under INA § 212(a)(9)(B)(i)(II). Matter of Arrabelly and Yerrabally, 25 I&N Dec. 771 (BIA 2012). more
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| 4/17/2012 | CA3 Holds That INA § 101(a)(43)(M)(i) Requires Actual Loss(.pdf 705 KB) The court found the petitioner’s conviction for knowingly making a false statement in a bankruptcy proceeding was not an aggravated felony under INA § 101(a)(43)(M)(i), because his offense did not cause an actual loss. (Singh v. Att’y Gen., 4/16/12) more
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| 4/16/2012 | DOS Reminder on New Visa Application Fees(.pdf 481 KB) DOS reminder that nonimmigrant and immigrant visa application fees changed on 4/13/12. If the visa fee was paid before 4/13/12, the difference between the new fee and the old fee does not need to be paid as long as the visa interview is on or before 7/12/12. more
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| 4/16/2012 | ICE Detainee Dies at Colorado Hospital(.pdf 319 KB) ICE press release on the death of a 46-year-old man from Gabon, who died in ICE custody at the Aurora Medical Center in Aurora, Colorado, after complaining of chest pains. He is the seventh detainee to die in ICE custody in FY2012. more
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| 4/16/2012 | DOS Announces Ten-Year Visa Validity for Colombians(.pdf 39 KB) DOS fact sheet announcing an increase in the validity of visas for Colombians traveling on a temporary basis to the U.S. Most Colombian applicants who qualify for a B nonimmigrant visa may be issued a ten year, multiple-entry visa.more
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| 4/13/2012 | CA1 Upholds Denial of Cancellation of Removal Based on False Testimony(.pdf 484 KB) The court found it had authority to review the decision on the petitioner’s cancellation of removal (COR) application, upheld the IJ and BIA’s adverse credibility determination, and found that he was statutorily barred from obtaining COR. (Restrepo v. Holder, 4/12/12) more
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| 4/13/2012 | CA1 Issues Final Judgment in 18-Year-Old Asylum Case(.pdf 470 KB) The court found that they have the authority to issue a final judgment in the asylum case of a former Peruvian military officer, noting they explicitly retained jurisdiction of the case after remanding to the BIA in 2011. (Castaneda-Castillo v. Holder, 4/12/12) more
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| 4/9/2012 | BIA Finds Murder with No Intent to Kill Is Aggravated Felony(.pdf 502 KB) The Board found that a conviction for murder requiring a showing that the perpetrator acted with extreme recklessness or a malignant heart is an aggravated felony, notwithstanding that no intent to kill was established. Matter of M-W-, 25 I&N Dec. 748 (BIA 2012) more
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| 4/9/2012 | USCIS Continues to Accept FY2013 H-1B Petitions(.pdf 956 KB) USCIS press release announcing that it will continue to accept H-1B nonimmigrant petitions subject to FY2013 cap. USCIS has received 17,400 H-1B petitions counting toward 65,000 cap & approximately 8,200 petitions toward 20,000 cap exemption for those with advanced degrees. more
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| 4/6/2012 | Visa Bulletin for May 2012(.pdf 699 KB)DOS Visa Bulletin for May 2012. Employment-based second preference cut-off date for India has moved to 08/15/07. more
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| 4/6/2012 | BIA Remands Egyptian Asylum Case(.pdf 851 KB) In an unpublished decision, the Board reversed a decision denying asylum, noting that a persecutor “may have several reasons for harming a victim and proving the exact reason for the past or feared persecution may be impossible in some cases." Courtesy of David Cleveland. more
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| 4/5/2012 | CA9 on Standard of Review for Particularly Serious Crime Determination(.pdf 474 KB) The court held that determining whether a crime is particularly serious for the purposes of a withholding of removal claim is an inherently discretionary decision, and that they will review such decisions for abuse of discretion. (Arbid v. Holder, 4/3/12) more
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| 4/5/2012 | CA11 on Right to Confidentiality in Asylum Proceedings(.pdf 521 KB) The court affirmed the IJ’s adverse credibility finding, and found that the investigator’s disclosure of the petitioner’s name to a Ukrainian hospital administrator did not breach her right to confidentiality in the asylum process. (Lyashchynska v. Holder, 4/4/12) more
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| 4/3/2012 | DOS Provides AILA with May-July 2012 Visa Date Movement Projections(.pdf 572 KB) DOS chart with projected visa number movement based on recent patterns of USCIS number use. DOS provided the chart in response to questions on the projected priority date movement for the remainder of FY2012. more
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| 4/3/2012 | AAO Processing Time Report (4/1/12)(.pdf 639 KB) AAO Processing Times as of April 1, 2012. more
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| 4/3/2012 | BALCA Affirms Denial Where Web Ad Differed from ETA 9089(.pdf 79 KB) Where the ETA 9089 listed a bachelor’s degree requirement but the employer’s website listed high school education, BALCA upheld the denial, finding that qualified applicants might not have applied if they thought they were overqualified. (Matter of Pixar, 3/29/12)more
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| 4/3/2012 | BALCA Upholds Denial Due to Lack of Travel Language in NOF(.pdf 83 KB) BALCA found that where the NOF did not specify “unanticipated worksites” as indicated in the ETA 9089, denial was proper because U.S. workers were not apprised of the opportunity, even if travel was optional and not required. (Matter of Sun Microsystems, 3/29/12) more
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| 4/3/2012 | BALCA Upholds Denial of Certification Where Travel Not Mentioned in Ad(.pdf 83 KB) BALCA found that where the ETA 9089 included language regarding possible travel that was not included in the ad, the application was properly denied because qualified U.S. applicants who are interested in travel may not have applied. (Matter of Deloitte FAS, 3/29/12) more
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| 4/3/2012 | CA1 Finds No Changed Country Conditions in Chinese Asylum Case(.pdf 533 KB) The court affirmed the BIA’s conclusion that a reopening of the Chinese petitioner’s asylum case was unwarranted due to his failure to establish a change in circumstances or country conditions. (Chen v. Holder, 3/30/12) more
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| 4/3/2012 | USCIS Q&As on Extension of OPT and Cap-Gap Regulations (3/29/12)(.pdf 499 KB) USCIS Q&As, updated 3/29/12, on post-completion optional practical training (OPT) and F-1 status under cap-gap regulations that permit the automatic extension of F-1 student status for certain students with pending or approved H-1B petitions. more
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| 4/2/2012 | ICE Arrests 3,100 Convicted Criminal Aliens & Immigration Fugitives in Nationwide Operation (Updated 4/2/2012)(.pdf 1443 KB) ICE press release announcing the results of a six-day national "Cross Check" enforcement operation-which led to the arrest of more than 3,100 convicted criminal aliens, immigration fugitives and immigration violators across the country. more
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| 4/2/2012 | Visa Processing Fees to Change on April 13, 2012(.pdf 821 KB) DOS press release announcing that effective April 13, 2012, the Department of State will adjust visa processing fees. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while all immigrant visa processing fees will decrease. more
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| 4/2/2012 | U.S. Visa Interview Waiver Program Expands to Bucharest, Romania(.pdf 476 KB) U.S. Embassy Bucharest announced the expansion of the visa interview waiver program. Under the program, certain applicants seeking to renew a B1/B2, C1/D, or F/J/M visa that expired within the last 47 months are now also eligible to apply for a new visa without an interview. more
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| 4/2/2012 | CA4 on 212(h) Waiver Eligibility(.pdf 498 KB) The court found that an individual who adjusts to LPR status after entering the U.S. can seek a 212(h) waiver, reversing the BIA’s finding that a post-entry adjustment of status constituted an “admission” to the U.S. (Bracamontes v. Holder, 3/29/12). more
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March, 2012 |
| 3/30/2012 | USCIS Announces Changes to Form I-797C(.pdf 941 KB) USCIS press release announcing changes to the Form I-797C, Notice of Action, which will save the agency about $1.1 million per year. This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. more
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| 3/30/2012 | USCIS Proposes Process Change for Certain Waivers of Inadmissibility(.pdf 1112 KB) USCIS press release on a new proposed rule in the Federal Register which would reduce the time U.S. citizens are separated from their spouses, children, & parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents. more
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| 3/30/2012 | USCIS Issues Q&A on Provisional Unlawful Presence Waivers(.pdf 502 KB) USCIS Q&A document on common questions dealing with new process for certain immediate relatives of U.S. citizens to apply for and receive a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States. more
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| 3/29/2012 | USCIS Press Release on Syria TPS Designation(.pdf 943 KB) USCIS press release announcing that eligible Syrian nationals (and persons without nationality who last habitually resided in Syria) in the U.S. may apply for Temporary Protected Status (TPS) effective March 29, 2012 and will remain in effect through September 30, 2013. more
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| 3/28/2012 | BALCA Finds Employer Failed to Investigate Qualifications of U.S. Applicants(.pdf 126 KB) BALCA found that the employer improperly rejected several applicants without first conducting an interview or determining whether they would be qualified for the position after a reasonable period of on-the-job training. (Matter of Kennametal, 3/27/12) more
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| 3/28/2012 | BALCA on Content of Supervised Recruitment Report(.pdf 119 KB) BALCA found that the employer’s failure to list the addresses of the U.S. workers who applied for the job on the recruitment report was a material omission and refused to incorporate by reference the addresses from the resumes. (Matter of JP Morgan Chase, 3/27/12) more
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| 3/28/2012 | Supreme Court Holds INA §101(a)(13)(c)(v) Does Not Apply Retroactively(.pdf 622 KB) The Court held that the impact of petitioner’s brief travel abroad on his legal permanent resident status is determined not by IIRIRA, but by the legal regime in force at the time of his conviction. (Vartelas v. Holder, 3/28/12) more
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| 3/27/2012 | USCIS to Accept H-1Bs for FY2013 Beginning 4/2/12(.pdf 487 KB) USCIS announcement that it will begin accepting H-1B petitions subject to the FY2013 cap on 4/2/12. Cases will be considered accepted on the date USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely on postmarks. more
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| 3/27/2012 | CA2 Rejects Matter of H-L-H- & Z-Y-Z-(.pdf 525 KB) The court rejected the BIA’s holding in Matter of H-L-H- & Z-Y-Z- to conclude that the IJ’s finding a future event will occur if an applicant is removed is a finding of fact subject to review for clear error. (Huang v. Holder, 3/27/12) more
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| 3/26/2012 | CA5 Strikes Down Farmers Branch Housing Ordinance (Updated 4/9/12)(.pdf 599 KB) The court concluded that the purpose of the housing ordinance was to exclude undocumented individuals, specifically Latinos, from the city and found it was unconstitutional. (Villas at Parkside Partners v. City of Farmers Branch, TX, 3/21/12, revised 4/9/12). more
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| 3/26/2012 | BALCA on Documenting Recruitment by Private Employment Firms(.pdf 97 KB) BALCA found that the requirements of 20 CFR §656.17(f), including naming the employer, do not apply to ads placed by private employment firms, but these ads must comply with the employer’s duty to recruit in good faith. (Matter of World Agape Mission Church, 3/23/12) more
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| 3/26/2012 | CA1 Finds New Hampshire Reckless Conduct Conviction to Be CIMT(.pdf 91 KB) The court found that the petitioner’s reckless conduct convictions were crimes involving moral turpitude, noting that a reckless state of mind can under some circumstances be sufficient to support a finding of moral turpitude. (Idy v. Holder, 3/23/12) more
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| 3/23/2012 | USCIS Announcement on TPS for Syria(.pdf 71 KB) USCIS statement announcing 18-month designation of Syria for Temporary Protected Status (TPS). USCIS will publish a Federal Register notice shortly with additional guidance on registration and filing of TPS applications. Registration period is not open yet. more
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| 3/23/2012 | CA7 Upholds Denial of Mexican Petitioner’s Cancellation Application(.pdf 305 KB) The court found that the IJ’s behavior did not prevent the petitioner from having a reasonable opportunity to present his case, nor was the petitioner prejudiced by the exclusion of testimony that he argued was inappropriately excluded. (Delgado v. Holder, 3/22/12) more
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| 3/23/2012 | CA5 Denies Algerian Asylum and Withholding Case(.pdf 240 KB) The court found that the petitioner’s asylum application was untimely, rejecting the argument that his last arrival was a continuing event that began when he became an “arriving alien,” and upheld the denial of withholding of removal. (Bouchikhi v. Holder, 3/8/12)more
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| 3/23/2012 | DHS Secretary Napolitano Designates Syria for Temporary Protected Status (TPS)(.pdf 428 KB) DHS press release from Secretary Janet Napolitano on 3/23/12 designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States. more
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| 3/23/2012 | CA9 on 212(c) Relief and Retroactivity(.pdf 239 KB) The court found that individuals convicted of a CIMT prior to the enactment of IIRIRA remain eligible for § 212(c) relief, regardless of whether they pleaded guilty or proceeded to trial. (Peng v. Holder, 3/22/12) more
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| 3/21/2012 | CA3 Upholds Denial of Naturalization Application(.pdf 390 KB) The court upheld the denial of the petitioner’s naturalization application, which USCIS had denied on good moral character grounds because the petitioner gave false testimony during his I-751 interview. (Gonzalez v. Att’y Gen., 3/19/12) more
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| 3/21/2012 | CA3 Orders Bond Hearing in Habeas Case(.pdf 235 KB) The court found that the petitioner’s detention was unreasonably long and that he was entitled to an individualized bond hearing within ten days. The petitioner had challenged his continued detention in district court. (Leslie v. Att’y Gen., 3/19/12) more
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| 3/20/2012 | National Benefits Center Processing Time Report (3/20/12)(.pdf 46 KB) NBC Processing Time Report released 3/20/12 with processing dates as of 1/31/12. more
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| 3/20/2012 | Vermont Service Center Processing Time Report (3/20/12)(.pdf 231 KB) VSC Processing Time Report released 3/20/12 with processing dates as of 1/31/12.more
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| 3/20/2012 | Texas Service Center Processing Time Report (3/20/12)(.pdf 157 KB) TSC Processing Time Report released 3/20/12 with processing dates as of 1/31/12. more
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| 3/20/2012 | Nebraska Service Center Processing Time Report (3/20/12)(.pdf 134 KB) NSC Processing Time Report released 3/20/12 with processing dates as of 1/31/12. more
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| 3/20/2012 | California Service Center Processing Time Report (3/20/12)(.pdf 185 KB) CSC Processing Time Report released 3/20/12 with processing dates as of 1/31/12. more
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| 3/19/2012 | BIA on Inadmissibility and 245(i) Adjustment of Status(.pdf 500 KB) In a case remanded from the Seventh Circuit, the Board found that an individual who is inadmissible under INA § 212(a)(9)(B)(i)(II) due to unlawful presence cannot qualify for 245(i) adjustment of status absent a waiver. Matter of Lemus, 25 I&N Dec. 734 (BIA 2012). more
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| 3/19/2012 | CA1 Upholds Denial of Gang-Related Asylum Claim(.pdf 543 KB) The court upheld the denial of the Salvadoran petitioner’s asylum claim, which was based on the petitioner’s resistance to gang recruitment and his anti-gang political opinion. (Mayorga-Vidal v. Holder, 3/16/12) more
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| 3/19/2012 | CA1 Remands Asylum Case for Faulty Credibility Determination(.pdf 513 KB) The court remanded the asylum case, noting that the IJ did not present a reasoned analysis of the evidence as a whole, and finding that the IJ relied on at least two perceived “inconsistencies” that were not direct inconsistencies. (Jabri v. Holder, 3/16/12). more
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| 3/19/2012 | CA1 Seeks Clarification on Credibility and Corroboration Issues(.pdf 529 KB) The court found that the BIA failed to address two central issues in the Ethiopian asylum case, and remanded to the BIA to clarify questions relating to credibility and corroborating evidence. (Guta-Tolossa v. Holder, 3/16/12).more
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| 3/19/2012 | BALCA Finds Attestations in ETA 9089 Insufficient to Show Dates of ERP(.pdf 99 KB) BALCA held that when the employer is audited and directed to submit recruitment documentation, it may not rely solely on the attested dates in the ETA 9089 as the dates an employee referral program was in effect. (Matter of Marlabs, Inc., 3/16/12). more
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| 3/16/2012 | CA8 on Corroboration and Transcript Deficiencies(.pdf 269 KB) The court found that the IJ did not err in requiring further corroborative evidence to support the asylum application, but remanded to determine whether transcript deficiencies masked testimony that corroborative testimony was unavailable. (Omondi v. Holder, 3/15/12) more
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| 3/13/2012 | Visa Bulletin for April 2012(.pdf 170 KB) DOS Visa Bulletin for April 2012. Employment-based priority dates continued to move forward for the month of April. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in May. more
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| 3/13/2012 | ICE Opens First Designed-and-Built Civil Detention Center in Texas(.pdf 498 KB) ICE press release on the opening of the Karnes County Civil Detention Center, the first-ever ICE designed-and-built civil detention center which is a 608-bed civil immigration detention facility, designed to house adult male, low-risk, minimum security detainees in Texas. more
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| 3/13/2012 | CA9 on Derivative Citizenship and Legitimation in Arizona(.pdf 66 KB) The court found that petitioner’s paternity was established by legitimation under Arizona law, which provides that every child is the legitimate child of its natural parents, holding that legitimation does not require an affirmative act. (Anderson v. Holder, 3/12/12) more
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| 3/12/2012 | USCIS Updated Q&As on the H-1B Employer-Employee Relationship(.pdf 82 KB) USCIS Q&As, updated on 3/12/12, provide information on establishing an H-1B employer-employee relationship. New questions include information on end-client documentation and establishing an employer-employee relationship in the consulting or staffing company context. more
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| 3/12/2012 | District Court Orders USCIS to Grant H-1B for Market Research Analyst(.pdf 79 KB) The court rejected USCIS’s narrow interpretation of the OOH, noting that degrees rarely come bearing occupation-specific majors and finding that it is the knowledge that is important when evaluating H-1B eligibility. Courtesy of Rob Cohen. (RFC v. USCIS, 3/12/12) more
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| 3/12/2012 | U.S. Visa Interview Waiver Program Expands in Russia(.pdf 28 KB) U.S. Mission in Russia announced the expansion of the visa interview waiver program. Under the expansion, applicants seeking to renew a B1/B2 or C1/D visa that has expired within the last 47 months are now also eligible to apply for a new visa without an interview. more
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| 3/9/2012 | USCIS Memo on Maximum Period of Stay for R-1 Nonimmigrants(.pdf 270 KB) USCIS memorandum regarding recapture of time spent outside the U.S. by R-1 nonimmigrant petitions religious workers. more
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| 3/9/2012 | BIA on the Divisibility of Criminal Statutes(.pdf 249 KB) The Board held that a statute is divisible, regardless of its structure, if, based on the elements of the offense, some but not all violations of the statute give rise to grounds for removal or ineligibility for relief. Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012). more
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| 3/9/2012 | DOS Fact Sheet on Women’s Nationality Initiative(.pdf 448 KB) DOS fact sheet on Women’s Nationality Initiative seeking to increase global awareness on importance of equal nationality rights for women and to also persuade governments to amend nationality laws that discriminate against women and stateless persons. more
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| 3/9/2012 | BALCA En Banc Panel Says Proof of Job Order Publication Is Not Required(.pdf 143 KB) BALCA held that proof of publication of the SWA job order is not required supporting documentation based on the plain language of §656.17(e)(2)(i) and the history of the PERM regulations, and reversed the CO’s denial. (Matter of A Cut Above Ceramic Tile, 3/8/12) more
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| 3/9/2012 | CA11 Blocks Two Additional Provisions of Alabama HB 56(.pdf 276 KB) The court issued an order temporarily enjoining Alabama from enforcing Section 27 and Section 30 of its immigration enforcement law, HB 56. more
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| 3/8/2012 | BIA on Requirements for 245(i) Derivative Case(.pdf 468 KB) The Board found that, for an individual to qualify for adjustment of status under §245(i) as a grandfathered derivative, the principal beneficiary must satisfy the requirements for grandfathering. Matter of Ilic, 25 I&N Dec. 717 (BIA 2012). more
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| 3/8/2012 | Demand Data Used in Determining Employment Preference Cut-Off Dates(.pdf 130 KB) DOS chart offering the estimated total number of visas available for each employment preference category for FY2012, as well as the data used in determining the cut-off dates for April 2012. more
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| 3/8/2012 | Secretary Napolitano Congressional Testimony on DHS FY2013 Budget(.pdf 260 KB) Press release on full written testimony of DHS Secretary Janet Napolitano for a Senate Committee on Appropriations, Subcommittee on Homeland Security hearing on the President’s budget request for DHS for Fiscal Year 2013. more
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| 3/8/2012 | ICE Detainee Dies at Southern California Hospital(.pdf 366 KB) ICE press release on the death of a Mexican national in ICE custody at a Los Angeles-area hospital in Southern California where he had been undergoing treatment for pneumonia and who is now the sixth detainee to die in ICE custody in FY2012. more
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| 3/8/2012 | ICE Detention Policy for Individuals Granted Protection Relief(.pdf 286 KB) A 3/6/12 email from ICE ERO Executive Associate Director Gary Mead to ICE field offices, reminding them of ICE’s policy to favor the release of detained individuals who have been granted protection relief by an immigration judge, barring exceptional concerns. more
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| 3/7/2012 | BALCA on Definition of College or University Teacher(.pdf 89 KB) Noting that there is no regulatory definition of college or university teacher, BALCA agreed with the employer that an individual need not only perform teaching duties to qualify for special recruitment and vacated the denial. (Matter of Mercer University, 3/6/12) more
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| 3/7/2012 | DOS Announces 4th Annual “Passport Day in the USA”(.pdf 517 KB) DOS press release on fourth annual “Passport Day in the USA” on 3/10/12 where U.S. citizens may apply for a passport book or card at one of 25 domestic passport agencies or other participating non-Department passport application acceptance facilities without an appointment. more
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| 3/7/2012 | CA3 on Waiver of Rights Under the Visa Waiver Program(.pdf 377 KB) The court held that the petitioner had not rebutted the presumption that she executed a waiver when she entered the U.S. as a minor pursuant to the Visa Waiver Program. (Vera v. Att’y Gen., 3/1/12) more
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| 3/7/2012 | CA9 Applies Collateral Estoppel in Nigerian CAT Claim(.pdf 231 KB) The court held that collateral estoppel bound the BIA to the findings that formed the basis of the petitioner’s first grant of CAT deferral, and concluded that the BIA erred in denying a motion to reopen to introduce new evidence. (Oyeniran v. Holder, 3/6/12) more
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| 3/6/2012 | DOL Releases Updated PERM Statistics for First Quarter of FY2012(.pdf 79 KB) Updated DOL PERM statistics from the first quarter of FY2012 released on 3/5/12. more
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| 3/5/2012 | USCIS Extends Temporary Protected Status (TPS) for Salvadorans(.pdf 1128 KB) USCIS press release announcing that DHS Secretary Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, beginning March 10, 2012, and ending September 9, 2013. more
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| 3/5/2012 | USCIS Returns to Original I-797 Receipt & Approval Mailing Process(.pdf 793 KB) USCIS alert announcing resumption of sending original I-797 receipt & approval notices to attorney or accredited representative listed on Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, and copies to applicant or petitioner. more
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| 3/5/2012 | Global Entry Program Expands to Four More US Airports(.pdf 406 KB) CBP press release announcing the initial expansion of the Global Entry program to four additional airports: Minneapolis - St. Paul International Airport, Charlotte Douglas International Airport, Denver International Airport, and Phoenix Sky Harbor International Airport. more
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| 3/5/2012 | CA9 Finds Violation of California Penal Code § 647(b) is CIMT(.pdf 32 KB) The court found that the petitioner’s conviction in California for disorderly conduct involving prostitution was a crime involving moral turpitude (CIMT), and that the petitioner was deportable for having been convicted of two CIMTs. (Rohit v. Holder, 2/29/12) more
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| 3/5/2012 | AAO Processing Time Report (3/1/12)(.pdf 192 KB) AAO Processing Times as of March 1, 2012. more
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| 3/2/2012 | CA8 Upholds Social Visibility/Particularity Inquiries in Asylum Claim(.pdf 242 KB) The court denied the petitioner’s gang-based asylum claim, and upheld “social visibility” and “particularity” as requirements for establishing membership in a particular social group. (Gaitan v. Holder, 3/1/12) more
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| 3/2/2012 | DOL Issues 2010 H-2A Final Rule FAQs, Round Six(.pdf 237 KB) DOL Round Six FAQs on the 2010 H-2A final rule addressing surety bonds, post-certification, abandonment/termination, contract impossibility and other hot-button topics. more
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| 3/2/2012 | CA9 to Rehear Grafias-Rodriguez En Banc(.pdf 225 KB) The court ordered that Garfias-Rodriguez v. Holder, in which the Ninth Circuit held that aliens who are inadmissible under INA §212(a)(9)(C)(i)(I) may not seek adjustment of status under INA §245(i), be reheard en banc. (Garfias-Rodriguez v. Holder, 3/1/12). more
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| 3/2/2012 | ICE Policy Memo on Facilitating the Return of Certain Removed Aliens(.pdf 300 KB) A 2/24/12 policy memo from John Morton describing ICE’s policy for facilitating the return to the United States of certain lawfully removed aliens whose petitions for review are granted by a U.S. Court of Appeals or the U.S. Supreme Court. Courtesy of Maria Baldini-Potermin. more
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| 3/1/2012 | BALCA on Single Advertisements for Multiple Jobs Opportunities(.pdf 176 KB) Citing AILA liaison notes, BALCA held that where the employer placed a single ad for multiple jobs, the language “may require travel” was indistinguishable from DOL-endorsed “some positions may require travel” and reversed the denial. (Matter of Microsoft, 2/29/12) more
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| 3/1/2012 | DOL Announces H-2A Worker Program Updates(.pdf 431 KB) Press release from Department of Labor announcing an annual change to allowable charges for meals and subsistence reimbursements, and a nonmaterial change to wage rate determinations for the H-2A worker program. more
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February, 2012 |
| 2/29/2012 | DOL Issues 2010 H-2A Final Rule FAQs, Round Five(.pdf 36 KB) DOL Round Five FAQs on the 2010 H-2A final rule addressing ETA Form 790, wage rate assurances, paycheck frequency, experience requirements, post-certification and other hot-button topics. more
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| 2/29/2012 | USCIS Guide to Naturalization(.pdf 1057 KB) USCIS’s Guide to Naturalization (M-476, revised 12/2011) was released to provide better and more consistent information to people interested in naturalization. more
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| 2/28/2012 | BALCA Reverses Denial, Finds Nexus between Ads and Position on ETA 9089(.pdf 94 KB) BALCA found that where the job title on the ETA 9089 (Business Dev. Specialist) was different from that listed in the ads (Business Dev. VP) there was still a sufficient nexus between the ads and the ETA 9089. (Matter of Target Point Media, 2/27/12). more
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| 2/27/2012 | CA2 Finds IJs Can Decline to Make Frivolousness Finding(.pdf 485 KB) The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a “frivolousness finding.” (Zheng v. Holder, 2/27/12). more
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| 2/27/2012 | CA5 on Ineffective Assistance and Derivative Citizenship(.pdf 551 KB) The court found that the appellant’s attorney failed to independently research the appellant’s derivative citizenship defense before advising him plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge. (U.S. v. Juarez, 2/24/12). more
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| 2/27/2012 | U.S. Embassy Lisbon No Longer Processing Immigrant or Diversity Visas As of 3/1/12(.pdf 468 KB) DOS announcement that the U.S. Embassy in Lisbon and the U.S. Consulate General in Ponta Delgada will no longer process immigrant visas or diversity visa applications as of 3/1/12. more
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| 2/24/2012 | CA2 on Notice and Stop-Time Rule Requirements(.pdf 552 KB) The court held that the notice requirements of the INA were satisfied by a combination of two notices, and that once sufficient notice is provided, the stop-time rule is triggered notwithstanding any defects in subsequent notices. (Guamanrrigra v. Holder, 2/24/12) more
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| 2/23/2012 | CA2 on False Claims of Citizenship on Form I-9(.pdf 34 KB) The court found the petitioner, who argued he had intended to claim nationality, not citizenship, when he checked a box marked “citizen or national” on a Form I-9, failed to meet his burden of proving he did not falsely claim citizenship. (Crocock v. Holder, 2/23/12) more
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| 2/22/2012 | USCIS International Operations I-601 Processing Time Report (January 2012)(.pdf 533 KB) USCIS International Operations January 2012 Processing Time Report for I-601 waivers processed abroad. more
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| 2/22/2012 | USCIS Says I-601 Provisional Waiver Not in Effect(.pdf 50 KB) USCIS press release stating that I-601 provisional waivers for immediate relatives U.S. citizens are not in effect yet and will not be available to potential applicants until USCIS publishes a final rule in the Federal Register specifying the effective date. more
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| 2/21/2012 | CA9 Finds California Conviction for Making Threats “With Intent to Terrorize” to be CIMT(.pdf 481 KB) The court held that a conviction for making threats “with intent to terrorize” in violation of California Penal Code § 422 is a crime involving moral turpitude. (Latter-Singh v. Holder, 2/17/12). more
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| 2/21/2012 | Texas Service Center Processing Time Report (2/21/12)(.pdf 115 KB) TSC Processing Time Report released 2/21/12 with processing dates as of 12/31/11. more
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| 2/21/2012 | National Benefits Center Processing Time Report (2/21/12)(.pdf 58 KB) NBC Processing Time Report released 2/21/12 with processing dates as of 12/31/11. more
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| 2/21/2012 | Vermont Service Center Processing Time Report (2/21/12)(.pdf 167 KB) VSC Processing Time Report released 2/21/12 with processing dates as of 12/31/11. more
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| 2/21/2012 | Nebraska Service Center Processing Time Report (2/21/12)(.pdf 126 KB) NSC Processing Time Report released 2/21/12 with processing dates as of 12/31/11. more
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| 2/21/2012 | California Service Center Processing Time Report (2/21/12)(.pdf 128 KB) CSC Processing Time Report released 2/21/12 with processing dates as of 12/31/11. more
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| 2/21/2012 | AAO Grants 212(i) Waiver to Brazilian Spouse of USC (.pdf 651 KB) In an unpublished 2/6/12 decision, the AAO granted a 212(i) waiver. The AAO found that the applicant’s U.S. citizen spouse would face emotional, psychological, and financial hardships upon separation from the applicant. Courtesy of Hugo Castro. more
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| 2/21/2012 | Supreme Court Finds Federal Tax Offenses Qualify as Aggravated Felonies(.pdf 180 KB) The Court found that convictions for tax violations under 26 U.S.C. §§7206(1) & (2) qualify as aggravated felonies, holding that the convictions involved fraud and deceit, and that tax crimes are not excluded from INA § 101(a)(43)(M)(i). (Kawashima v. Holder, 2/21/12) more
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| 2/17/2012 | BIA Remands Humanitarian Asylum Case to IJ(.pdf 603 KB) In a case on remand from the Eighth Circuit, the Board found that further fact-finding may be necessary to determine whether the Albanian respondent should be granted humanitarian asylum based on past persecution and remanded to the IJ. (Matter of L-S-, 2/17/12) more
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| 2/16/2012 | DOS Alert: Limited NIV Processing During Summer Olympics(.pdf 72 KB) E-mail from the U.S. Embassy, London notifying AILA members of limited NIV services during the upcoming Summer Olympic Games, as well as an expansion of the Visa Reissuance Program to include H-1 and H-4 visa applicants. more
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| 2/16/2012 | CA3 on False Claims to Citizenship(.pdf 219 KB) The court found that the petitioner did not make a false claim to U.S. citizenship for the purposes of INA § 212(a)(6)(C)(ii) when he allegedly told the city police that his place of birth was Puerto Rico. (Castro v. Att’y Gen., 2/14/12) more
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| 2/14/2012 | CA9 Remands 212(c) Case Due to Judulang v. Holder(.pdf 466 KB) The court found that the petitioner’s conviction was not a juvenile adjudication because he was charged as an adult, but remanded the case to the BIA to determine whether he was eligible for a 212(c) waiver in light of Judulang. (Rangel-Zuazo v. Holder, 2/13/12). more
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| 2/14/2012 | BIA On Evidence Outside the Record in Aggravated Felony Case(.pdf 480 KB) The Board held that the petitioner could present evidence outside the record of conviction to show that a state drug conviction was not an aggravated felony because it involved a small amount of drugs for no remuneration. (Matter of Castro Rodriguez, 2/14/12). more
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| 2/13/2012 | AAO Upholds Termination of Regional Center Approval(.pdf 321 KB) In a 12/21/2011 decision, the AAO upheld termination of a regional center approval where the plan before the AAO involved job preservation, not job creation, and the investment was not to be made in a troubled business. more
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| 2/13/2012 | CBP Teleconference on Automation of Form I-94(.pdf 90 KB) CBP invitation for a 2/16/12 stakeholder teleconference to discuss the automation of Form I-94 (Arrival/Departure Record) and potential impacts on state/local benefit-granting agencies and employers. RSVP information included. more
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| 2/10/2012 | District Court Orders Disclosure of DOJ Emails(.pdf 264 KB) The court ordered the government to disclose Department of Justice emails communicating the policy for returning immigrants who are wrongfully deported while their judicial appeals are pending. (NIP-NLG v. DHS, 2/7/12) more
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| 2/10/2012 | CA9 on Continuous Physical Presence Requirement(.pdf 226 KB) The court found that the petitioner was not eligible for cancellation of removal because he had been subject to a “formal, documented process” sufficient to break continuous physical presence. (Gomez Zarate v. Holder, 2/9/12) (Pang v. Holder, 1/6/12). more
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| 2/10/2012 | DOL Press Release on H-2B Final Rule on Labor Certification(.pdf 210 KB) DOL press release on a final rule to improve the H-2B temporary nonagricultural worker program. The rule will include changes to several aspects of the program to ensure that U.S. workers receive greater access to jobs and strengthens worker protection. more
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| 2/10/2012 | USCIS International Operations I-601 Processing Time Report (Dec 2011)(.pdf 239 KB) USCIS International Operations October 2011 Processing Time Report for I-601 waivers processed abroad. more
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| 2/10/2012 | USCIS International Operations I-601 Processing Time Report (Nov 2011)(.pdf 239 KB) USCIS International Operations October 2011 Processing Time Report for I-601 waivers processed abroad. more
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| 2/10/2012 | USCIS International Operations I-601 Processing Time Report (Oct 2011)(.pdf 240 KB) USCIS International Operations October 2011 Processing Time Report for I-601 waivers processed abroad. more
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| 2/9/2012 | Suspension of Visa Services at U.S. Embassy, Damascus(.pdf 107 KB) U.S. Embassy in Damascus, Syria announced the suspension of visa services until further notice. Certain visa cases will be handled in Amman, Jordan. more
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| 2/9/2012 | USCIS Announces Expansion of E-Verify ‘Self Check’ Program(.pdf 31 KB) USCIS press release from 2/9/12 announcing that Self Check, a free online service of E-Verify, which allows workers to check their own employment eligibility status, is now currently available in all 50 states, Washington, DC and other US territories. more
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| 2/9/2012 | BIA on Marriage Between Postoperative Transsexual and Member of Opposite Sex(.pdf 613 KB) In an unpublished decision, the Board held that the marriage between a postoperative transsexual, who was unable to change the gender on her Thai birth certificate, and a person of the opposite sex could be the basis for immigration benefits. Courtesy of Elaine Witty. more
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| 2/8/2012 | District Court Finds Religious Worker Regulations Ultra Vires(.pdf 515 KB) The court held that 8 C.F.R. §§ 204.5(m)(4), (11) were ultra vires to the INA, that the Defendants’ failure to restore Plaintiffs to their prior status upon revoking their advance parole was contrary to law. (Shia Association of Bay Area v. U.S., 2/1/12). more
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| 2/8/2012 | Visa Bulletin for March 2012(.pdf 39 KB) DOS Visa Bulletin for March 2012. Employment-based priority dates continued to move forward for the month of March. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in March. more
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| 2/7/2012 | CA9 Finds Petitioner Suffered Past Persecution as an Infant(.pdf 49 KB) The court found that the petitioner suffered past persecution as an infant in Guatemala where his indigenous family suffered severe persecution, and where the petitioner suffered deprivations directly attributable to the persecution. (Mendoza-Pablo v. Holder, 2/7/12). more
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| 2/6/2012 | CA7 Reverses Harboring Conviction(.pdf 490 KB) The court found that no trier of fact could reasonably find that the defendant had “harbored” her boyfriend based on the stipulated facts, noting that harboring was not the same as merely providing a place to stay. (U.S. v. Costello, 1/31/12) more
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| 2/6/2012 | CA7 on Particular Social Group in Albanian Asylum Case(.pdf 287 KB) The court found that the social group of “young Albanian women in danger of being trafficked for prostitution” lacked the common, immutable characteristic required of a particular social group. (Cece v. Holder, 2/6/12) more
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| 2/6/2012 | Suspension of US Embassy Operations in Syria(.pdf 43 KB) U.S. Embassy in Damascus, Syria press release announcing suspended operations of the US Embassy in Damascus as of February 6. Ambassador Ford and all American personnel have now departed the country. more
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| 2/6/2012 | AAO Processing Time Report (2/1/12)(.pdf 640 KB) AAO Processing Times as of February 1, 2012. more
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| 2/3/2012 | CA10 Finds No Past Persecution in Chinese Asylum Case(.pdf 479 KB) The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. (Pang v. Holder, 1/6/12). more
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| 2/1/2012 | CA9 on Derivative Citizenship and Equal Protection(.pdf 235 KB) The court held the petitioner did not derive citizenship under the controlling statute - 8 U.S.C. § 1432(a) - because only one of his parents naturalized before his eighteenth birthday, and that the statute did not deny equal protection. (U.S. v. Casasola, 1/30/12) more
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January, 2012 |
| 1/31/2012 | CA1 Denies Guatemalan Withholding Claim(.pdf 506 KB) The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12). more
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| 1/31/2012 | CA1 Denies El Salvadoran Asylum Claim(.pdf 70 KB) The court found the petitioner, who argued he was persecuted by the FMLN guerillas in El Salvador, did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered. (Guerrero v. Holder, 1/31/12) more
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| 1/31/2012 | CA7 on Withholding of Removal and China’s “One-Child” Policy(.pdf 81 KB) The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China. (Zheng v. Holder, 1/31/12) more
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| 1/31/2012 | BIA Holds IJs Can Grant Opposed Motion for Administrative Closure(.pdf 40 KB) The Board held that immigration judges and the Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances, overruling Matter of Gutierrez. (Matter of Avetisyan, 1/31/12) more
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| 1/31/2012 | DHS Press Release on Retaining Highly-Skilled Immigrants(.pdf 41 KB) DHS press release outlining Obama administration reforms that would help attract new businesses investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world, including the commitment to attracting and retaining highly-skilled immigrants. more
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| 1/30/2012 | CA4 Rejects Matter of Silva-Trevino(.pdf 531 KB) The court rejected the framework established in Matter of Silva-Trevino for determining whether a conviction constituted a CIMT, noting that the moral turpitude statute is neither ambiguous nor silent. (Prudencio v. Holder, 1/30/12). more
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| 1/30/2012 | CA10 Strikes Down Post-Departure Bar Regulation(.pdf 494 KB) In an unanimous en banc decision, the court held that a deported noncitizen has the right to file a motion to reopen from outside the U.S., striking down the post-departure bar found in 8 C.F.R. 1003.2(d). (Contreras-Bocanegra, 1/30/12). more
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| 1/30/2012 | CA9 on 212(c) Retroactivity and Stipulated Facts Trials(.pdf 42 KB) The court found that the repeal of INA § 212(c) cannot be retroactively applied to noncitizens who, relying on the possibility of discretionary relief, agreed to a stipulated facts trial prior to the repeal of §212(c) relief. (Tyson v. Holder, 1/27/12) more
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| 1/27/2012 | AAO Processing Times 1/1/12(.pdf 572 KB) AAO Processing Times as of January 1, 2012. more
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| 1/27/2012 | National Benefits Center Processing Time Report (1/25/12)(.pdf 254 KB) NBC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. more
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| 1/27/2012 | CA3 on Breach of Employment Contract Claim and H-1B Visa Sponsorship(.pdf 236 KB) In an unpublished opinion, the court found that the appellant’s employment was “at-will,” rejecting the argument that the employer’s sponsorship of an H-1B visa implied a contract for a definite term. (Edwards v. Geisinger Clinic, 1/23/12) more
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| 1/27/2012 | Vermont Service Center Processing Time Report (1/25/12)(.pdf 362 KB) VSC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. more
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| 1/27/2012 | Nebraska Service Center Processing Time Report (1/25/12)(.pdf 314 KB) NSC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. more
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| 1/27/2012 | California Service Center Processing Time Report (1/25/12)(.pdf 323 KB) CSC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. more
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| 1/27/2012 | Texas Service Center Processing Time Report (1/26/12)(.pdf 310 KB) TSC Processing Time Report released 1/26/12 with processing dates as of 11/30/11. more
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| 1/27/2012 | CA9 on Credibility Findings under the REAL ID Act(.pdf 231 KB) The court found that the BIA complied with its remand mandate by considering the REAL ID Act’s impact on the immigration judge’s finding that the petitioner’s claims were not sufficiently corroborated for his request for CAT relief. (Oshodi v. Holder, 1/26/12) more
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| 1/27/2012 | CA4 Finds BIA Applied Wrong Standard of Review(.pdf 230 KB) The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12) more
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| 1/27/2012 | CA1 Finds Witnesses to Serious Crime Not a “Socially Visible” Group(.pdf 260 KB) The court found that the petitioner’s social group of witnesses to a serious crime whom the government is unable or unwilling to protect is not sufficiently “socially visible” to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12) more
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| 1/25/2012 | CA1 Rejects Gang-Related Withholding Claim(.pdf 247 KB) The court found that the petitioner, who argued he was a target of gang recruitment and a returnee to El Salvador who would be perceived as wealthy, did not establish membership in a particular social group. (Garcia-Callejas v. Holder, 1/24/12) more
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| 1/25/2012 | BALCA Vacates Denial Notwithstanding Incomplete ETA 9089(.pdf 130 KB) BALCA held that although the employer failed to include the alien’s relevant employment history on the ETA 9089, documentation confirming the employment was sent with the audit response and should have been considered by the CO. (Matter of O’Connor Hospital, 1/24/12) more
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| 1/24/2012 | BIA on Authentication of Convictions in Immigration Proceedings(.pdf 482 KB) The Board found that an electronic disposition notice, submitted to prove that the respondent had been convicted of a CIMT, was not admissible because it was not authenticated using a recognized method of authentication. Matter of Velasquez, 25 I&N Dec. 680 (BIA 2012). more
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| 1/23/2012 | DOS Press Release on US Passport Card Online Application(.pdf 480 KB) Department of State press release announcing a 90-day pilot program allowing adult U.S. citizens living in the United States and Canada to apply for a passport card online. more
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| 1/23/2012 | CA6 Upholds Asylum Denial Due to Adverse Credibility Determination(.pdf 483 KB) The court found there was substantial evidence that the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in a number of its other findings regarding credibility. (Abdurakhmanov v. Holder, 1/23/12). more
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| 1/20/2012 | CA9 Remands Appeal from Illegal Reentry Conviction(.pdf 217 KB) The court found that the defendant, who challenged his conviction based on a collateral attack of the removal order, was not meaningfully informed of his eligibility for relief, and remanded the case for consideration of prejudice. (U.S. v. Melendez-Castro, 1/18/12) more
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| 1/20/2012 | CA5 on Habeas Statute Custody Requirement(.pdf 210 KB) The court found that the petitioner, who had been deported to Mexico pursuant to a final order of removal, was not considered “in custody” for the purposes of 28 U.S.C. § 2241. (Merlan v. Holder, 12/6/11) more
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| 1/20/2012 | CA9 on USCIS Jurisdiction over Petitions to Remove Conditions on Residence(.pdf 217 KB) The Court found that USCIS does not lose jurisdiction of a petition to remove conditions placed on residence if it does not adjudicate the petition within 90 days, as required by INA § 216(c)(3)(A). (Chettiar v. Holder, 1/17/12) more
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| 1/17/2012 | CA3 Finds District Court Has Jurisdiction to Review Sua Sponte Reopening of Proceedings(.pdf 353 KB) The court found that the district court had jurisdiction to review the petitioner’s petition, which challenged the BIA’s sua sponte reopening of removal proceedings, noting the unusual circumstances in the case. (Chehazeh v. Att’y Gen., 1/11/12) more
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| 1/17/2012 | USCIS Announces 58 Countries Eligible for H-2A & H-2B Participation(.pdf 65 KB) USCIS press release identifying 58 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. Each country’s designation is valid for one year from the date of publication. more
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| 1/13/2012 | USCIS Interim Memo for Comment on Extension of Validity of Medical Certifications(.pdf 295 KB) USCIS interim memo for comment on temporarily extending the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. Memo effective 1/13/12. Comments are due 1/30/12. more
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| 1/13/2012 | CA7 Remands LIFE Act Legalization Case to AAO(.pdf 368 KB) The court found that pre-IIRIRA law on the definition of “conviction” should apply to the petitioner’s application for legalization under the LIFE Act, and that the AAO’s decision on continuous residence lacked individualized analysis. (Siddiqui v. Holder, 1/12/12) more
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| 1/13/2012 | CA5 Reverses BIA on Aggravated Felony Case(.pdf 290 KB) The court found that the record did not show whether the petitioner’s conviction for felonious sexual intercourse without consent under Montana state law was an aggravated felony under INA § 237(a)(2)(A)(iii). (Perez-Gonzalez v. Holder, 1/12/12) more
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| 1/13/2012 | DOS Reduces Visa Interview Wait Times(.pdf 228 KB) DOS press release on increased visa processing by more than 50% in Brazil and China for first quarter FY2012, as compared to first quarter FY2011. However, visa interview wait times have decreased in mission China and Brazil. more
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| 1/13/2012 | CA3 Reverses BIA and Vacates Order of Removal in CIMT Case(.pdf 252 KB) The court found the petitioner did not commit a CIMT by violating a predatory offender registration statute, and that his “date of admission” was his initial admission as a nonimmigrant, not the later date he adjusted status. (Totimeh v. Att’y Gen., 1/12/12) more
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| 1/12/2012 | USCIS Policy Memo on EB-5 Adjudications
USCIS draft policy memo addressing certain foundational issues in the EB-5 Program. This page includes the original draft memo and subsequent revisions. more
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| 1/11/2012 | USCIS Redline Version of Revised Draft Policy Memo on EB-5 Adjudications(.pdf 222 KB) USCIS revised draft policy memorandum in redline version on EB-5 adjudication based on stakeholder comments. Original draft policy memorandum was dated 11/9/11. more
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| 1/11/2012 | CBP Standards for Accepting L-1 Petitions for Canadians under NAFTA(.pdf 253 KB) CBP standards for accepting L-1 petitions for Canadians under NAFTA. The standards discuss the burden of proof, package completeness, review of the petition, and submission to USCIS by CBP, including the ability to send prepaid mailers to CBP for delivery to USCIS. more
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| 1/11/2012 | Demand Data Used in Determining Employment Preference Cut-Off Dates(.pdf 235 KB) DOS chart offering the estimated total number of visas available for each employment preference category for FY2012, as well as the data used in determining the cut-off dates for February 2012. more
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| 1/11/2012 | USCIS Revised Draft Policy Memo on EB-5 Adjudications(.pdf 229 KB) USCIS cover letter and revised draft policy memorandum on EB-5 adjudication based on stakeholder comments. more
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| 1/10/2012 | USCIS Issues Q&A on Proposed Stateside Processing for I-601 Waivers(.pdf 71 KB) USCIS Questions and Answers on proposed changes that would allow certain I-601 waivers to be processed in the U.S. The Q&A addresses when the proposed process would be implemented, who the proposed process would affect, what would happen at the consular interview, and more.more
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| 1/9/2012 | USCIS Notice of Intent to Implement Stateside Processing of Unlawful Presence Waivers(.pdf 71 KB)
USCIS notice of intent to consider regulatory changes that would allow certain immediate relatives to request provisional unlawful presence waivers prior to departing the U.S. for consular processing. (77 FR 1040, 1/9/12) more
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| 1/6/2012 | Visa Bulletin for February 2012(.pdf 202 KB) DOS Visa Bulletin for February 2012. Employment-based second preference cut-off date for India has moved to 1/1/2010. more
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| 1/5/2012 | USCIS Draft RFE Template for I-129 Blanket L-1 Classification(.pdf 137 KB) USCIS draft RFE template for comment on Form I-129, Petition for Nonimmigrant Worker, seeking blanket L-1 classification. Comments are due by 2/3/12. The draft RFE template follows the instructions page. more
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| 1/5/2012 | USCIS Draft RFE Template for L-1A Manager or Executive(.pdf 134 KB) USCIS draft RFE template for comment on Form I-129, Petition for Nonimmigrant Worker, seeking L-1A nonimmigrant classification for manager or executive. Comments are due by 2/3/12. The draft RFE template follows the instructions page.more
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| 1/5/2012 | USCIS Draft RFE Template for L-1A New Office Petitions(.pdf 138 KB) USCIS draft RFE template for comment on Form I-129, Petition for Nonimmigrant Worker, seeking L-1A Intracompany Transferees for new offices. Comments are due by 2/3/12. more
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| 1/5/2012 | U.S. Consulate Chennai Stops Processing IV Petitions(.pdf 40 KB) DOS release announcing that U.S. Consulate Chennai will no longer process immigrant visa (IV) petitions, effective 1/1/12. U.S. Embassy New Delhi and U.S. Consulate Mumbai will be on the only acceptance centers for IVs in India. more
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| 1/5/2012 | BALCA Says Wall Street Journal Is a Newspaper of General Circulation(.pdf 92 KB) BALCA held that the Wall Street Journal is a newspaper of general circulation, not a professional journal, and an ad that was not run on a Sunday cannot be used in lieu of the mandatory Sunday ads under 20 CFR §656.17(e)(1)(i). (Matter of Discovery Networks, 1/4/12) more
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| 1/3/2012 | USCIS Announces Changes to Stand-Alone I-130 Filing Locations (Updated 01/03/12)(.pdf 44 KB) USCIS announcement stating that domestic petitioners will mail stand-alone I-130 applications to either the Chicago or Phoenix Lockbox, effective January 1, 2012. There are no changes to filing locations when submitting an I-130 with an I-485. more
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