January, 2012 |
| 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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