February, 2010
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02/26/2010 | USCIS Announces Revised Form I-360 and Revised Filing Locations USCIS announced it has posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). In addition to a revised form, there are new filing locations. more
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02/26/2010 | USCIS Announces Revised Form I-485 and Revised Filing Locations USCIS announced it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485. In addition to a revised form, there are new filing locations. more
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02/25/2010 | USCIS Fact Sheet and News Release on FY 2010 Citizenship and Integration Grant Program USCIS announced the availability of two different grants designed to help prepare lawful permanent residents (LPRs) for citizenship and advance integration in the United States. more
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02/25/2010 | USCIS Announces Change of Filing Location for Form I-765 USCIS announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765). more
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02/24/2010 | USCIS Revises Change of Filing Location for Form I-824 to Include Transition Period USCIS announced revised filing instructions and addresses for applicants filing Form I-824. The revised announcement includes a transition period for Form I-824 applications filed at Service Centers and local offices. more
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02/23/2010 | USCIS Announces Change of Filing Location for Form I-102 USCIS announced revised filing instructions and addresses for applicants filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102). The new form is dated 1/13/10. more
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02/22/2010 | DOS Meets with Cuba for Migration Talks United States and Cuba met in Havana to discuss implementation of the U.S.-Cuba Migration Accords. This was the second such meeting since the decision to renew the Talks in 2009. more
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02/19/2010 | U.S. Army Instruction Sheet to LPR and CPR Enlistees The U.S. Army issued an instruction sheet to be provided to green card holders, Lawful Permanent Resident (LPR) or Conditional Lawful Permanent Resident (CPR), enlistees when they contract. more
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02/19/2010 | BIA on Application of the Modified Categorical Approach to Conviction Assessment In applying modified categorical approach to assess conviction, it is proper to consider police reports’ contents as part of conviction record if incorporated into plea or admitted by alien in criminal proceedings. Matter of Milian-Dubon, 25 I&N Dec. 197 (BIA 2010). more
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02/19/2010 | DOS Notice on Changes to Procedures for Certain I-129F Petitions DOS issued a notice that effective 2/1/10, when both the I-129F petition for a K visa and the I-130 petition for an IR-1 (or CR-1) spouse of a U.S. citizen visa have been approved by USCIS and sent to the NVC, the availability as well as the need for a K-3 visa ends. more
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02/18/2010 | DOS Update on Newly Arriving Refugees On 1/22/10, DOS Assistant Secretary of State for Population, Refugees, and Migration Eric Schwartz released an update on the Reception and Placement Program for newly arriving refugees. more
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02/18/2010 | National Benefits Center Processing Time Report (2/17/10) NBC Processing Time Report released 2/17/10 with processing dates as of 12/31/09. more
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02/18/2010 | Vermont Service Center Processing Time Report (2/17/10) DOS released the Visa Bulletin for March 2010. more
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02/18/2010 | Texas Service Center Processing Time Report (2/17/10) TSC Processing Time Report released 2/17/10 with processing dates as of 12/31/09. more
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02/18/2010 | Nebraska Service Center Processing Time Report (2/17/10) NSC Processing Time Report released 2/17/10 with processing dates as of 12/31/09. more
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02/18/2010 | California Service Center Processing Time Report (2/17/10) CSC Processing Time Report released 2/17/10 with processing dates as of 12/31/09. more
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02/18/2010 | CA7 on the Jurisdictional Exception in 8 U.S.C. § 1503(a) Action for Declaration of Nationality CA7 reversed dismissal for lack of subject matter jurisdiction, finding jurisdictional exception in 8 U.S.C. § 1503(a) was directed at individuals whose claims of nationality were being or had been litigated fully in removal proceedings. (Ortega v. Holder, 2/11/10). more
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02/18/2010 | CA7 Finds Motion to Reopen Time-Barred Where No Basis Offer to Excuse Delay CA7 affirmed denial of motion to reopen by departed alien, finding that petitioner’s motion was unquestionably time-barred where petitioner offered no basis to excuse a six-plus year delay in moving to reopen. (Munoz de Real v. Holder, 2/11/10). more
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02/18/2010 | CA7 Finds Repeal of INA § 212(c) Not Impermissibly Retroactive CA7 denied petition, finding petitioner deportable due to his conviction of counterfeiting over two decades ago and holding that repeal of INA § 212(c) is not impermissibly retroactive. (Canto v. Holder, 1/28/10). more
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02/18/2010 | CA7 Finds VWP Waiver of Due Process Rights Must be Knowing and Voluntary CA7 held that alien’s waiver through Visa Waiver Program of due process rights to which he or she would otherwise be entitled must be knowing and voluntary. The court denied petition, finding petitioner could not demonstrate prejudice (Bayo v. Napolitano, 1/20/10). more
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02/17/2010 | CA6 Affirms BIA Finding on Failure to Show Exceptional Circumstance for Missed Hearing CA6 affirmed BIA denial of motions to reopen, finding that even if petitioner’s motions were found to be timely, he would not be entitled to relief because he has not shown that he missed his hearing due to exceptional circumstances. (Acquaah v. Holder, 12/18/09). more
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02/17/2010 | CA6 Grants Withholding under INA and Denies CAT Claim in Police Abuse Case CA6 granted withholding of removal under INA and denied CAT claim, holding that evidence compels finding that Algerian police abused petitioner for suspected political affiliation and that the abuse constituted persecution. (Haider v. Holder (2/10/10). more
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02/17/2010 | CA4 Finds IJ Committed Substantial Legal Error in Rejecting Certain Corroborating Evidence of Asylum Applicant CA4 granted petition for review, vacated BIA decision, and remanded asylum case, finding that IJ committed substantial legal error in rejecting certain of petitioner’s corroborating evidence (Marynenka v. Holder, 1/25/10). more
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02/17/2010 | CA4 Finds District Court Lacks Jurisdiction to Consider Denial of Adjustment of Status CA4 held that the district court lacked jurisdiction to entertain petitioner’s challenge to USCIS District Director’s eligibility determination and denial of adjustment of status. (Lee v. United States Citizenship and Immigration Services, 1/25/10). more
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02/17/2010 | CA6 Finds Convictions under 18 U.S.C. § 371 and 1001 Constitute Aggravated Felonies CA6 held that petitioner's convictions under 18 U.S.C. § 371 and 1001 for making and conspiracy to make false statements to a U.S. agency constituted aggravated felonies, rendering him ineligible for cancellation of removal. (Kellerman v. Holder (1/25/10). more
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02/17/2010 | CA2 Finds One-Year Absence Bar Applies to Period Before and After Naturalization Interview CA2 held that 8 U.S.C. § 1427 precludes the naturalization of the plaintiff finding that the one-year absence bar applied both to the period preceding and period following the naturalization interview (Gildernew v. Quarantillo, 2/4/10). more
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02/17/2010 | CA2 Finds BIA Holding on Asylum and Forced IUDs in China Entitled to Deference CA2 held that BIA’s interpretation that involuntary insertion of an interauterine device (“IUD”) is not “involuntary sterilization” and not a per se ground for granting asylum is entitled to deference. (Huang v. Holder, 01/12/10). more
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02/17/2010 | AAO Processing Times 2/1/10 The AAO released processing times as of February 1, 2010. more
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02/17/2010 | CA6 Denies Petition for Rehearing in Persecutor Bar to Asylum Case CA6 panel denied petition for rehearing in case on the persecutor bar to asylum with Judge Martin dissenting. AILA filed an amicus brief urging the court to rehear the case and modify the persecutor bar section to reflect new case law (Parlak v. Holder, 11/24/09). more
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02/16/2010 | USCIS Invitation to Teleconference on H-1B Employer-Employee Relationship USCIS invites national stakeholders to a teleconference on 2/18/10 to discuss to discuss the implementation of the memo issued on 1/8/10 which provides guidance on determining if a valid employer-employee relationship exists. more
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02/16/2010 | USCIS Invites Stakeholders to Teleconference on TPS for Haiti USCIS invited national stakeholders to join in a discussion on 2/17/10 with USCIS to discuss the process of registering for Temporary Protected Status (TPS) Haitian nationals. Topics will include the most frequently asked questions. more
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02/16/2010 | Changes in Immigration Procedure in Mexico On 01/29/10, Mexico’s National Migration Institute published its Manual of Criteria and Migration Procedures. The Manual will be enforced as of 5/1/10 throughout the 32 delegations of the National Migration Institute in Mexico. more
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02/12/2010 | First Removals Executed under New Hampshire Rapid REPAT Program The New Hampshire Department of Corrections announced the transfer of the first eligible parolees to the jurisdiction of ICE to be deported through a new agreement between NH and ICE under the Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) program. more
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02/12/2010 | DOL News Release and Fact Sheet on H-2A Final Rule DOL issued a news release and fact sheet on a final rule governing the labor certification process and enforcement mechanisms for the H-2A temporary agricultural worker program, published in the Federal Register. The fact sheet follows the news release. more
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02/12/2010 | CA9 Applies Categorical Approach and Holds Indecent Exposure Not a Crime of Moral Turpitude CA9 applied the categorical approach and held that indecent exposure under California law is not categorically a crime of moral turpitude. (Nunez v. Holder, 02/10/2010). more
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02/11/2010 | DHS Solicits Ideas for Open Government Plan Using Public Engagement Website DHS Secretary Janet Napolitano launched new online participation tool at http://www.dhs.gov/open for the public to submit ideas and suggestions on ways DHS can enhance transparency and participation. Ideas for DHS’ Open Government Plan will be accepted until 3/19/10. more
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02/11/2010 | USICS Memo on the Numerical Limitation Exemption for H Nonmmigrants Employed in the CNMI and Guam Donald Neufeld, USCIS Acting Associate Director, Service Center Operations, issued a memo to provide guidance for processing and adjudicating Form I-129, filed on behalf of H-1B “specialty occupation” and H-2B “temporary nonagricultural” workers in Micronesia and Guam. more
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02/10/2010 | DHS Releases Estimates of the Unauthorized Population Residing in the U.S.: January 2009 DHS released a report estimating that the unauthorized immigrant population living in the U.S. decreased to 10.8 million in January 2009 and grew by 27 percent between 2000 and 2009. more
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02/10/2010 | Visa Bulletin for March 2010 DOS released the Visa Bulletin for March 2010. more
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02/4/2010 | DOS Annual Report of Immigrant Visa Applicants The DOS offers an Annual Report of immigrant visa applicants in both the family and employment based preference categories. The document reports the number of cases that were registered by the National Visa Center as of 11/1/09. more
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02/3/2010 | Secretary Napolitano Announces Fiscal Year 2011 Budget Request DHS Secretary Janet Napolitano issued the Department’s FY 2011 budget. DHS’ budget priority to enforce immigration laws includes funding for E-Verify, Secure Communities and English-language education for immigrants preparing for citizenship. more
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02/3/2010 | USCIS Revises Medical Certification for Disability Exceptions USCIS announced the availability of a revised Medical Certification for Disability Exceptions, Form N-648, for public comment. USCIS published a Federal Register notice announcing that the revised form will be available for comment starting 2/1/10 and ending 4/2/10. more
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02/3/2010 | USCIS to Issue Revised Approval Notices for Certain Forms I-129 and I-539 USCIS alerted customers of certain Notices of Approval (Forms I-797) issued between January 20 and January 27, 2010, with incorrect or missing information. The form types impacted are Form I-129 and Form I-539. more
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02/2/2010 | USCIS Memo to CIS Ombudsman on Temporary Acceptance of Filed LCAs for Certain H-1B Filings On 1/28/10, USCIS Director Alejandro Mayorkas issued a formal response to the CIS Ombudsman January Contreras on Recommendation 43 regarding temporary acceptance of filed Labor Condition Applications for certain H-1B filings. more
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02/1/2010 | BIA on “Changed Circumstances” Related to Asylum Application Filing Delays The particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’” Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010). more
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02/1/2010 | How to Schedule an Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince USCIS is screening Haitian children for possible humanitarian parole if they fit into one of two special categories authorized by DHS. The categories only apply to children who were adopted or were in the process of being adopted by American families prior to 1/12/10. more
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January, 2010
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01/29/2010 | CA5 Finds State Felon-in-Possession Offense Conviction Constitutes Aggravated Felony CA5 affirmed denial of petition for cancellation of removal, finding that state felon-in-possession offenses need not have an interstate commerce element in order for the offense to be an offense "described in" 18 U.S.C. § 922(g)(1). (Hernandez v. Holder, 12/30/09). more
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01/29/2010 | CA5 on Establishing Required Period of Residency for Cancellation of Removal CA5 affirmed, finding petitioner ineligible for cancellation of removal based on failure to establish required period of residency under INA §240A(a). CA5 found the rationale of CA3 in Augustin persuasive in rejecting petitioner's arguments. (Deus v. Holder, 12/23/09). more
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01/29/2010 | BIA Reaffirms Matter of Briones on Ineligibility for §245(i) Adjustment of Status An alien who is inadmissible under INA §212(a)(9)(C)(i), is ineligible for adjustment of status under INA §245(i). Matter of Briones, 24 I&N Dec. 355 (BIA 2007) reaffirmed. Matter Diaz and Lopez, 25 I&N Dec. 188 (BIA 2010). more
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01/29/2010 | USCIS and Los Angeles Announce Immigrant Integration Partnership USCIS and Los Angeles Mayor Antonio Villaraigosa announced a new partnership to strengthen immigrant integration efforts in Los Angeles. The initiative begins with a free citizenship information session and naturalization workshop on 1/30/10. more
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01/29/2010 | DHS Continues To Assist Recovery Efforts in Haiti DHS announced that it continues to support U.S. government efforts to provide operational and humanitarian assistance in Haiti by deploying over 1,000 personnel. As of 1/28/10, USCIS in Port Au Prince had processed more than 480 orphan cases. more
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01/29/2010 | Stakeholder/USCIS Q & As (1/26/10) The Q&As address VAWA, T and U Visas, H-1B1 numbers, H-1Bs, I-90 rejections, I-90s for 14 year olds, delayed biometric notices, Secure Mail Initiative (SMI), cap gap for J-1s, and more. more
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01/28/2010 | USCIS Changes Filing Location for Form I-601 USCIS announced revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. USCIS will forward incorrectly filed I-601 applications to the USCIS Lockbox facilities until 2/27/10. more
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01/28/2010 | USCIS to Reissue Advance Parole Documents USCIS announced that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. more
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01/28/2010 | USCIS Fact Sheet on Humanitarian Parole USCIS issued a fact sheet on humanitarian parole that includes questions and answers and guidelines on filing. more
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01/28/2010 | AAO Processing Times 1/4/10 The AAO has released its processing times as of January 4, 2010. more
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01/27/2010 | Departure of Haitian Orphans Covered By Humanitarian Parole U.S. and Haitian government officials have met to establish a procedure for securing departure approval for children already in the adoption process before the 1/12/10 earthquake. As of 1/26/10, humanitarian parole has been granted to almost 500 Haitian orphans. more
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01/27/2010 | BIA on Stepparent Qualification as "Parent" to Establish Hardship under INA §240A(b)(1)(D) A stepparent who qualifies as a "parent" under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010). more
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01/26/2010 | BIA Finds Death of Petitioning Spouse in Conditional Period Excuses I-751 Joint Filing Requirement A conditional permanent resident seeking to remove conditional basis of status, who timely filed petition and appeared for interview, doesn't need separate hardship waiver if petitioning spouse died in 2-year conditional period. Matter of Rose, 25 I&N Dec. 181 (BIA 2010). more
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01/26/2010 | USCIS Update & Fact Sheet Warns Against TPS Scams on Haitians A USCIS update warns Haitians applying for temporary protected status to be aware of immigration scams, and offers guidance and tips to help individuals avoid becoming victims of fraud. more
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01/26/2010 | USCIS Offers Contact Information USCIS advises how to inform USCIS of Customer Feedback/Complaints. Although located on a VSC page, the address and e-mail provided can be used for all USCIS feedback and complaints. USCIS also offers contact information for the VSC and the VSC Premium Processing Unit. more
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01/26/2010 | USCIS Invites Stakeholders to Teleconference on TPS for Haiti USCIS invited national stakeholders to join in a discussion on 1/27/10 with USCIS to discuss the process of registering for Temporary Protected Status (TPS) Haitian nationals. Topics will include the most frequently asked questions. more
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01/26/2010 | CA10 Finds K-2 Visa Holder Over 21 Years-Old Did Not "Age Out" CA10 held that a K-2 visa holder who timely applies for adjustment of status under INA § 245(d) must be under 21 when he or she seeks to enter the U.S., but not when the adjustment application is finally adjudicated. (Carpio v. Holder, 1/12/10). more
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01/25/2010 | CA3 Finds BIA Ignored Many Atrocities Petitioner Subjected to in Asylum Case CA3 remanded asylum case finding BIA failed to consider many atrocities to which petitioner was subjected; testimony that she will be killed if she is returned to Liberia, and why; and documentary evidence (Sheriff v. Attorney General of the United States, 11/24/09). more
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01/25/2010 | CA4 Finds Petitioner Established Past Persecution in the Form of FGM CA4 held that BIA's denial of petitioner's asylum application on the basis of an adverse credibility finding was not supported by substantial evidence, and that petitioner established past persecution in the form of female genital mutilation (Kourouma v. Holder, 11/24/09). more
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01/25/2010 | CA2 on Well-founded Fear Based on Government's Future Awareness of Involvement in Banned Organization CA2 vacated the BIA's decision in asylum case and remanded with instructions to provide petitioner an opportunity to submit any additional evidence "as to the Chinese government's likely future awareness of his involvement with the CDP." (Ge v. Holder, 12/02/09). more
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01/25/2010 | CA2 Finds CT Conviction for 2nd Degree Larceny an Aggravated Felony CA2 held that second-degree larceny conviction in violation of Conn. Gen. Stat. § 53a-123 qualifies as a "theft offense" within the meaning of 8 U.S.C. § 1101(a)(43)(G) and, thus, as an aggravated felony under 8 U.S.C. § 1227(a)(2)(A)(iii) (Almeida v. Holder, 12/08/09). more
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01/25/2010 | CA2 Finds Due Process Denied Where BIA Invoked Uncharged 8 U.S.C. § 101(a)(43)(U) as Removal Basis CA2 vacated BIA's order of removal finding petitioner was deprived of due process of law when the BIA sua sponte invoked uncharged 8 U.S.C. § 101(a)(43)(U) as a basis for finding her removable under section 237(a)(2)(A)(iii) (Pierre v. Holder, 12/08/09). more
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01/25/2010 | CA2 on Selective Enforcement of Immigration Laws Based on National Origin, Race, or Religion CA2 affirmed order partially dismissing complaint where there was no clearly established equal protection right to be free of selective enforcement of immigration laws based on national origin, race, or religion at time of detentions. (Turkmen v. Ashcroft, 12/18/09). more
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01/25/2010 | CA2 Affirms Denial of Citizenship Application Based on Attempted Bank Fraud Conviction CA2 affirmed district court grant of summary judgment affirming CIS denial of plaintiff's citizenship application on the ground that plaintiff was statutorily barred because of conviction of attempted bank fraud, an "aggravated felony." (Ljutica v. Holder, 12/03/09). more
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01/25/2010 | CA1 Affirms BIA Denial of Derivative Citizenship Case CA1 affirmed BIA denial of case where petitioner argued that removal proceedings should be terminated on the ground that he qualified for derivative citizenship through his naturalized biological mother under the Child Citizenship Act (Walker v. Holder, 12/11/09). more
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01/25/2010 | DHS Designates 11 New Countries as Eligible for H-2A and H-2B Nonimmigrant Visa Programsn On 1/18/10, DHS Secretary Janet Napolitano designated 11 new countries as eligible to participate in the H-2A and H-2B nonimmigrant visa programs. The new combined list was published on 1/18/10 in the Federal Register. more
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01/22/2010 | ICE Releases List of Deaths in Detention As a result of a FOIA request, ICE recently released a list of non-citizens that have died in immigration detention. more
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01/22/2010 | CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization Beginning 1/20/10, CBP will initiate a 60-day transition to enforced Electronic System for Travel Authorization (ESTA) compliance for air carriers. U.S.-bound travelers from Visa Waiver Program travelers are required to log onto the ESTA Web site and complete an online application. more
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01/22/2010 | USCIS Q & A on Petition Filing and Processing for Form I-140 USCIS issued a questions and answers list on petition filing and processing procedures for Form I-140, Immigrant Petition for Alien Worker. Topics include requests to change employers under INA 204(j) and successor-in-interest (SII) relationship determination. more
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01/22/2010 | USCIS Announces that Registration Begins for TPS to Haiti This 1/21/10 USCIS announced that eligible Haitian nationals in the U.S. may begin the application process for Temporary Protected Status (TPS). Details and procedures for applying for TPS are provided in the Federal Register notice published on 1/21/10. more
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01/21/2010 | BIA Vacates Matter of Perez-Vargas; Finds IJs Have Jurisdiction Over §204(j) Portability Decisions BIA held that IJs can decide if an I-140 petition remains valid under INA §204(j) after the beneficiary changes jobs or employers. BIA adopted arguments of AIC, argued in an amicus brief signed by AILA, and the parties. Matter of Neto, 25 I&N Dec. 129 (BIA 2010). more
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01/21/2010 | Supreme Court Holds that Courts Have Jurisdiction to Review Motions to Reopen The Court ruled that individuals who seek to reopen their deportation orders have the right to appeal to the federal courts if the immigration court refuses to hear the appeal. (Kucana v. Holder, 1/20/10). more
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01/20/2010 | DHS Authorizes Activation of Reserve Coast Guard Personnel to Support Efforts in Haiti On 1/19/10, DHS Secretary Janet Napolitano authorized the temporary activation of up to 900 reserve U.S. Coast Guard service men and women to bolster the more than 500 Coast Guard personnel already serving in Haiti in support of the U.S. government's response to the 1/12/10 earthquake. more
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01/20/2010 | ICE Assists in Haiti Relief Effort On 1/18/10, ICE announced that it had deployed a team of agents to partner with CBP and USCIS to streamline departures for U.S. citizens who may be in Haiti. ICE will assist DOS and USCIS in facilitating the evacuation of orphaned children granted humanitarian parole to temporarily enter the U.S. more
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01/20/2010 | National Benefits Center Processing Time Report (1/15/10) NBC Processing Time Report released 1/15/10 with processing dates as of 11/30/09. more
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01/20/2010 | Vermont Service Center Processing Time Report (1/15/10) VSC Processing Time Report released 1/15/10 with processing dates as of 11/30/09. more
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01/20/2010 | Texas Service Center Processing Time Report (1/15/10) TSC Processing Time Report released 1/15/10 with processing dates as of 11/30/09. more
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01/20/2010 | Nebraska Service Center Processing Time Report (1/15/10) NSC Processing Time Report released 1/15/10 with processing dates as of 11/30/09. more
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01/20/2010 | California Service Center Processing Time Report (1/15/10) CSC Processing Time Report released 1/15/10 with processing dates as of 11/30/09. more
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01/19/2010 | USCIS Memo on Initial Relief Efforts for Aliens Affected by the 1/12/10 Haiti Earthquake On 1/15/10, USCIS Director issued a memorandum that provides interim field guidance for the various forms of relief that USCIS has committed to undertake as a result of the January 12, 2010 Haiti earthquake. This guidance will apply to nationals and habitual residents of Haiti some of whom may fall outside the scope of a TPS designation. more
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01/19/2010 | DHS Announces Humanitarian Parole Policy for Certain Haitian Orphans Fact Sheet On 1/18/10, DHS, in coordination with DOS, announced a humanitarian parole policy allowing orphaned children from Haiti to enter the U.S. temporarily on an individual basis as part of the U.S. government's support of earthquake recovery efforts. A fact sheet follows this press release. more
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01/19/2010 | USCIS Teleconference to Discuss Designation of Haiti for TPS On 1/19/10, USCIS invited stakeholders to attend a national conference call on 1/20/10 to outline the registration process for Temporary Protected Status (TPS) available to Haitian nationals and address questions or concerns. more
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01/19/2010 | DHS Issues Q&A Sheet on Haitian Relief Measures (Updated 1/19/10) On 01/15/10, DHS released a questions and answers sheet providing specific guidance to Haitian national interested in taking advantage of this relief. more
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01/15/2010 | DHS Issues Q&A Sheet on TPS for Haitians On 01/15/10, DHS released a questions and answers sheet on Temporary Protected Status for Haitians. more
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01/15/2010 | Statement by Homeland Security Secretary Janet Napolitano Designating TPS for Haitian Nationals On 01/15/10, DHS Secretary, Janet Napolitano, released a statement designating Temporary Protected Status for Haitian nationals who were in the United States as of January 12, 2010. more
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01/15/2010 | USCIS to Hold Special Citizenship Ceremonies to Commemorate Dr. Martin Luther King, Jr. Day On 1/14/10, USCIS announced that it will USCIS will commemorate the 81st birthday of Dr. Martin Luther King, Jr. by welcoming new citizens at special citizenship ceremonies throughout the U.S. and overseas from January 15 to January 22, 2010. more
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01/13/2010 | USCIS Issues Q & A on Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions On 1/13/10, announced the issuance of an updated guidance memo to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B 'specialty occupation' classification. A list of questions and answers on the memo follows this update. more
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01/13/2010 | DHS Halts Removals to Haiti On 1/13/10, DHS Secretary Janet Napolitano and ICE Secretary John Morton halted all removals to Haiti for the time being in response to the devastation caused by the earthquake on 1/12/10. more
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01/13/2010 | USCIS Memo on Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements This 1/08/10, memo from Donald Neufeld, USCIS Associate Director of Service Center Operations, provides guidance in the context of H-1B-petitions, on the requirement that a petitioner establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. more
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01/13/2010 | ICE Expands Secure Communities Program to Sacramento, Solano Counties On 01/12/10, ICE announced that law enforcement agencies in Sacramento and Solano counties became the first in northern California to participate in the Secure Communities program. There are now eight CA counties participating in the initiative, including Los Angeles, Ventura, San Diego, Imperial, Santa Barbara and San Luis Obispo counties. more
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01/13/2010 | CA9 on Federal Jurisdiction in Extreme Hardship I-751 Waiver Cases CA9 concluded that IIRIRA does not bar the court from reviewing whether the respondent has demonstrated "extreme hardship" and is thus eligible for an I-751 waiver of the joint filing requirement to remove the conditions on residence. (Singh v. Holder, 01/13/10). more
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01/12/2010 | Secretary Napolitano Outlines Five Recommendations to Enhance Aviation Security On 01/07/10, Secretary Napolitano outlined recommendations DHS will pursue to enhance the traveling public's safety, developed as a result of security reviews ordered by President Obama following the attempted terrorist attack on 12/25/09. Recommendations include adjusting the process by which names are added to the "No-Fly" and "Selectee" lists. more
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01/12/2010 | USCIS Announces Realignment of Organizational Structure USCIS announced the realignment of its organizational structure. Key changes are creation of a Fraud Detection and National Security Directorate, creation of a Customer Service Directorate, and division of the Domestic Operations Directorate into two directorates. The new USCIS Organizational Chart follows this statement. more
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01/11/2010 | Visa Bulletin for February 2010 DOS released the Visa Bulletin for February 2010. Section C addresses DV cut-offs to apply in March. more
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01/06/2010 | USCIS Issues Q & A on Vaccination Requirements On 01/05/10, USCIS issued a list of questions and answers to provide basic information about the general vaccination requirements for immigrants (including individuals seeking adjustment of status), and specifically about the assessment made by the civil surgeon to determine whether an applicant meets the vaccination requirements. more
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01/06/2010 | USCIS Q & A on Removal of HIV Infection from CDC List of Communicable Diseases of Public Health Significance On 01/04/10, USCIS issued a list of questions and answers on the removal of HIV infection from the CDC list of communicable diseases of public health significance. Topics addressed include pending applications, medical examinations, waiver applications, and adjustment of status. more
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01/04/2010 | DOL ETA Prevailing Wage Determination Policy Guidance On 1/4/10, DOL posted updated Prevailing Wage Determination Policy Guidance for use in the Nonagricultural Immigration Programs. The guidance addresses the H-2B regulation published in December 2008 and the corresponding changes to PERM, H-1B, H-1B1, H-1C and E-3 regulations governing temporary professional, nonagricultural or registered nursing programs. more
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01/04/2010 | BALCA Affirms Denial, Finding CO Not Required to Review BNL Letter First Submitted with Request for Reconsideration BALCA affirmed the Denial, finding that because a Request for Reconsideration may not include "evidence not previously submitted," the CO was not required to review the Business Necessity Letter first submitted in the Request for Reconsideration. Matter of Dr. Haig Rickerby Dental Office, 2009-PER-00197 (10/30/09). more
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01/04/2010 | DOL Frequently Asked Questions on Filing and Processing of PWD Requests On 1/4/10, DOL posted Frequently Asked Questions on the filing and processing of Prevailing Wage Determination (PWD) requests. OFLC National Prevailing Wage and Helpdesk Center is currently accepting for processing PWD requests for use in H-1B, H-1B1, H-2B, E-3 and permanent labor certification programs, as well as requests for use in the CNMI. more
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01/04/2010 | BALCA Reverses, Finding Denial Based on Omissions Arbitrary and Capricious Absent Explanation by CO BALCA reversed and found a denial based on omissions arbitrary and capricious, absent the COs explanation of the materiality of the omissions. However, the Board did emphasize the failure to file a complete application is a ground for denial. Matter of Ben Pumo, 2009-PER-00040 (10/29/09). more
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01/04/2010 | BALCA Vacates Denial and Returns to CO based on imprecision of Audit Request BALCA vacated the CO's denial and returned it to the CO for further processing, finding the audit request was not precise in its reason for requesting a PWD, and the employer may have assumed a new PWD was being requested, not the one submitted prior to the filing of the application. Matter of Galaxy Studios, Inc., 2009-PER-00221 (10/29/09). more
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01/04/2010 | USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status On 12/31/09, USCIS announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency's final rule that became effective on 1/17/09. This exemption does not impact other H-2A categories. more
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01/04/2010 | USCIS Memo on Extension of Validity of Medical Certifications on Form I-693 This 12/30/09, memorandum from Donald Neufeld, Acting Associate Director of Domestic Operations, USCIS, temporarily extends the validity of civil surgeon endorsements on Form I-693 for adjustment of status applicants. more
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