September, 2010 |
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09/01/2010 | USCIS Memo on Uniform Denial Language Pertaining to Appeals to the BIA) USCIS 8/26/10 memorandum providing guidance to USCIS officers on uniform denial language pertaining to appeals to the Board of Immigration Appeals (BIA). more
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August, 2010 |
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08/31/2010 | CSC and VSC H-L-O-P Adjudication Statistics FY2008 - FY2010 (Through July) Statistics obtained by the Los Angeles Times from USCIS comparing H-L-O-P adjudication rates between the CSC and VSC for FY2008, FY2009, and FY2010 through July. Courtesy of the Los Angeles Times. more
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08/31/2010 | New Appointment Service for All Visa Applicants in Canada Alert from the U.S. Embassy in Canada notifying the public that they will be transitioning to a new appointment service for applicants applying for visas to come into the United States. The new service begins on September 1, 2010. more
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08/31/2010 | DHS Announces Unmanned Flights to Monitor Southwest Border DHS announcement of the deployment of Predator Unmanned Aerial System (UAS) flights out of Corpus Christi, Texas, beginning on 9/1/10, to provide aerial surveillance of the Southwest Border. more
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08/30/2010 | CBP Information on Forms I-192 and I-824 CBP webpage offering information on Form I-192, Application for Advance Permission to Enter as a Non-Immigrant and Form I-824, Application for Action on an Approved Application or Petition. more
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08/30/2010 | USCIS Requests Comments on Interim Guidance Centralizing Orphan Processing in Nepal USCIS seeks comments on interim guidance implementing the Nepal Initiative, which centralizes adjudication of clearly approvable Forms I-600, Petition to Classify Orphan as an Immediate Relative, filed on behalf of children residing in Nepal. Comments are due 9/13/10. more
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08/30/2010 | USCIS Announces Change to Filing Location for Nepali Adoption Petitions USCIS update announcing that any U.S. citizen seeking to adopt a Nepali child, whose case is not affected by the suspension of processing cases involving Nepali children claimed to have been found abandoned, should file the Form I-600 with the U.S. Embassy in Kathmandu. more
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08/30/2010 | ICE Approves Special Relief for Certain Haitian F-1 Students to Obtain Employment Authorization ICE announcement of the approval of special relief for certain F-1 Haitian students who suffered severe economic hardship due to the 1/12/10 earthquake in Haiti. The suspension of certain regulatory requirements allows eligible students to obtain employment authorization. more
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08/26/2010 | BIA on IJ Authority to Determine Frivolity of Asylum Applications A determination that an alien has filed a frivolous asylum application can be made in the absence of a final decision on the merits of the application or in circumstances where the asylum application has been withdrawn. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010). more
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08/26/2010 | DHS Expects Over 2,200 Agents Deployed on Northern Border by End of 2010 DHS press release on visit of DHS Secretary Napolitano to Montana to tour CBP operations and meet with officials on border issues. DHS expects to have over 2,200 Border Patrol agents deployed along the northern border by the end of 2010, a 700 percent increase since 9/11/01. more
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08/26/2010 | USCIS Invitation to Listening Session with AAO USCIS invitation to listening session with AAO on 10/20/10. Perry Rhew, Chief of the AAO, will discuss the precedent decision process and current AAO case processing. Registration information included in the invitation. more
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08/26/2010 | NVC Immigrant Visa Electronic Processing The National Visa Center (NVC) offers information on the pilot project Immigrant Visa Electronic Processing Program which uses elctronic communication and documentation methods to simplify and accelerate the immigrant visa application process. more
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08/25/2010 | BIA Modifies Matter of Rocha Decision on Controlled Substance Traffickers An alien is removable, where an appropriate immigration official knows or has reason to believe alien is a controlled substance trafficker at time of admission. Matter of Rocha, modified. Matter of Casillas-Topete, 25 I&N Dec. 317 (BIA 2010). more
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08/25/2010 | USCIS Updates O-1 Visa Webpage USCIS updated webpage on O-1 Visas for individuals with extraordinary ability or achievement. Topics include eligibility, application process, evidentiary criteria, extension of stay, family, changing employers, and material change in terms and conditions of employment. more
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08/25/2010 | 2009 Yearbook of Immigration Statistics DHS Office of Immigration Statistics 2009 Yearbook of Immigration Statistics. Report includes tables on legal permanent residents, refugees and asylees, naturalizations, nonimmigrant admissions, and enforcement actions. more
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08/25/2010 | Remarks by ICE Director John Morton at Border Enforcement Security Task Force Training Conference Remarks by ICE Director John Morton at the 2010 Border Enforcement Security Task Force annual conference including announcement of four new task forces opening in NM, LA, WA, and NC. more
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08/25/2010 | ICE Arrests 76 Foreign Nationals in Arizona Operation Community Shield Effort ICE press release on the arrest of 76 foreign nationals who are gang members or gang associates as a result from ICE Community Shield enforcement effort in Phoenix and Yuma. Individuals who are not being prosecuted on criminal charges are being processed for deportation. more
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08/25/2010 | ICE Memo on Guidance for Removal Proceedings of Aliens with Pending or Approved Applications or Petitions An 8/20/10 ICE memo from Assistant Secretary John Morton, establishing policy for ICE to request expedited adjudication of an application or petition for an alien in removal proceedings that is pending before USCIS if approval would provide an immediate basis for relief. more
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08/25/2010 | EOIR to Relocate Philadelphia Immigration Court EOIR announcement on the closing of the Philadelphia Immigration Court on 8/27/10, to prepare for relocation to the Robert C. Nix Federal Building in Philadelphia, PA.The Court will recommence hearings at the new location on 9/1/10. more
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08/24/2010 | BALCA Grants En Banc Review, Vacates Matter of East Tennessee State University BALCA granted en banc review and vacated the denial of a case involving a professor that held that the “more qualified” standard under 20 CFR 656.18 does not apply where the school uses basic recruitment under 656.17. more
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08/23/2010 | DHS Assessment of CBP Training Materials on Border Searches of Electronic Devices DHS report presenting a summary of the CBP, the DHS Privacy Office, CBP Privacy Office, and Office for Civil Rights and Civil Liberties joint review of CBP training materials and course matter on border searches of electronic devices. more
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08/23/2010 | ICE Arrests 23 Foreign Nationals in New England Operation Community Shield Task Force Effort ICE press release on the arrest of 23 foreign nationals who are gang members or have gang ties. The arrests resulted from a New England ICE Community Shield enforcement effort. Individuals who are not being prosecuted on criminal charges are being processed for deportation. more
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08/23/2010 | ICE Arrests 32 Foreign Nationals in Las Vegas Operation Community Shield Effort ICE press release on the arrest of 32 foreign nationals with suspected gang ties in the Las Vegas area as the result of an ICE Operation Community Shield enforcement effort. Those individuals who are not being prosecuted on criminal charges are being processed for removal. more
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08/23/2010 | DOS Visa Policy Update: Introduction of the ESTA Fee for Visa Waiver Travelers DOS Visa DOS visa policy cable providing additional information on implementation of the Travel Promotion Act of 2009 (TPA) and fee collection for the Electronic System for Travel Authorization (ESTA). DOS provides talking points and requests that posts engage in outreach. more
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08/20/2010 | USCIS Draft Memo for Comment on Evaluation of Evidentiary Criteria in Certain Form I-140 Petitions USCIS seeks comments on a draft policy memo that would require ISOs to use the two-part approach set forth in the CA9 Kazarian v. USCIS decision for certain Form I-140 petitions. Comments are due 9/3/10. The draft memo follows the comment instructions. more
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08/20/2010 | EOIR Relocates Portland Immigration Court As of 8/23/10, the EOIR Portland Immigration Court will be located at 1001 SW 5th Avenue, Suite 400, Portland, Oregon 97204. The court’s phone and fax numbers remain the same. This announcement includes hours of operation. more
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08/20/2010 | USCIS TSC E-mail Pilot Initiative On 4/22/10, TSC announced the pilot initiative of an employment based I-485 special notification protocol. TSC has offered an e-mail to use when attempting to correct issues such as cross chargeability, use of AC21, transferring an adjustment case, and more. more
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08/20/2010 | ICE Arrests 158 Individuals in Utah Operation Community Shield Task Force Effort ICE press release on the arrest of 158 foreign nationals with suspected gang ties. The arrests were the result of a coordinated effort by ICE’s Operation Community Shield Task Force, and represents Utah’s largest ever ICE-led gang enforcement action. more
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08/20/2010 | Missouri Man Pleads Guilty to Fraud in Foreign Labor Contracting Charges DOJ press release announcing that a Missouri man pled guilty to fraud in foreign labor contracting charges arising from his role in a criminal enterprise including forced labor and visa fraud. more
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08/19/2010 | Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School USCIS special instructions for B-1/B-2 visitors who want to enroll in school including information on F-1 (academic student) or M-1 (vocational student) status. more
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08/19/2010 | Attorney General Cuomo Shuts Down Seven Companies for Fraudulent Legal Services to Immigrant Communities Announcement by NY Attorney General Andrew M. Cuomo that he has shut down seven companies and sued two other organizations for providing fraudulent legal services to immigrants. more
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08/19/2010 | EOIR Announces Phased Roll Out for New Case Information System An EOIR announcement on a new two-phase implementation schedule for the case information system launch that EOIR announced on 8/16/10. more
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08/19/2010 | USCIS Implements H-1B and L-1 Fee Increase USCIS announced that President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. This law is effective immediately for petitions postmarked on or after 8/14/10, and will remain in effect through 9/30/14. more
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08/19/2010 | Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School USCIS special instructions for B-1/B-2 visitors who want to enroll in school including information on F-1 (academic student) or M-1 (vocational student) status. more
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08/18/2010 | USCIS Webinar in Spanish to Preview New Features to USCIS Website USCIS invitation to an 8/30/10 webinar in Spanish to preview new features and updates to USCIS.gov and to USCIS.gov/espanol. This invitation includes registration information. more
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08/18/2010 | ICE Launches Secure Communities in Five Additional Texas Counties ) ICE announcement on the expansion of Secure Communities to five additional Texas counties. ICE is now using the program in 193 Texas jurisdictions. more
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08/18/2010 | Yearbook of Immigration Statistics 2009: Tables on Immigration Enforcement DHS Office of Immigration Statistics Yearbook of Immigration Statistics 2009 tables on Enforcement. The document includes Tables 33, 34, 35, 36, and 38 on DHS removal and return of foreign nationals. more
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08/18/2010 | DHS Annual Report on Immigration Enforcement Actions (2009) Office of Immigration Statistics Annual Report on immigration enforcement actions including information on the apprehension, detention, return, and removal of foreign nationals during 2009. more
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08/18/2010 | ICE Secure Communities Interoperability Statistics ICE Secure Communities report on nationwide interoperability by conviction, which covers the period of 10/27/08 through 7/31/10. The report was released on the ICE FOIA website. more
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08/18/2010 | National Benefits Center Processing Time Report (08/18/10) NBC Processing Time Report released 08/18/10 with processing dates as of 06/30/10. more
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08/18/2010 | Vermont Service Center Processing Time Report (08/18/10)VSC Processing Time Report released 08/18/10 with processing dates as of 06/30/10. more
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08/18/2010 | Texas Service Center Processing Time Report (08/18/10) TSC Processing Time Report released 08/18/10 with processing dates as of 06/30/10. more
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08/18/2010 | Nebraska Service Center Processing Time Report (08/18/10) NSC Processing Time Report released 08/18/10 with processing dates as of 06/30/10. more
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08/18/2010 | California Service Center Processing Time Report (08/18/10) CSC Processing Time Report released 08/18/10 with processing dates as of 06/30/10. more
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08/18/2010 | EOIR Recognition & Accreditation Program Information Page EOIR web page with information on the Recognition & Accreditation (R&A) Program including links to an overview, fact sheet, EOIR Form-31, rosters of recognized organizations and accredited representatives, and case law precedents. more
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08/18/2010 | DOL Obtains Nearly $1 Million in Back Wages and Interest for H-1B Workers DOL news release announcing that Smartsoft International Inc., a computer consulting company based in Suwanee, GA, has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers employed under the H-1B visa program. more
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08/17/2010 | Federal Jury Convicts U.S. Resident Who Participated in War in Bosnia of Immigration Fraud ICE press release announcing that a man who served for four years in the Zvornik Brigade in Bosnia and Herzegovina in the mid-1990s was convicted of immigration fraud by a federal jury. He arrived in the U.S. as a refugee in 1998. more
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08/17/2010 | USCIS Teleconference on the Border Security Act Impact on H-1B and L-1 Visas USCIS invitation to an 8/19/10 teleconference on the impact of H.R. 6080, an act signed into law by President Obama on 8/13/10, which includes an increase of certain H-1B and L-1 application fees. The call will include discussion on how USCIS will implement this provision. more
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08/17/2010 | BIA Companion Case to Cortez on Conviction for Crime Involving Moral Turpitude Conviction for crime involving moral turpitude does not render petitioner ineligible for cancellation of removal if crime is punishable by imprisonment for less than 1 year and falls under the petty offense exception. Matter of Pedroza, 25 I&N Dec. 312 (BIA 2010). more
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08/17/2010 | BIA Clarifies Almanza on Conviction for Crime Involving Moral Turpitude Conviction for crime involving moral turpitude for which a sentence of a year or longer may be imposed renders petitioner ineligible for cancellation of removal, regardless of eligibility for petty offense exception. Matter of Cortez, 25 I&N Dec. 301 (BIA 2010). more
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08/17/2010 | US Border Patrol to Test Iris Image Collection in McAllen, Texas DHS Privacy Impact Assessment (PIA) on the trial use of iris camera prototypes by U.S. Border Patrol agents to collect biometric information. Border Patrol agents stationed at McAllen, TX will facilitate the collection of test data over an eight week period. more
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08/16/2010 | USCIS Invitation to Upcoming Stakeholder Engagements on the EB-5 Program USCIS invitation to stakeholders on the EB-5 program, including registration information for the next meeting on 10/14/10, as well as the meeting dates for FY11. Please note that some meetings are in person/by telephone and some meetings are via teleconference only. more
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08/16/2010 | ICE Enforcement in Arizona ICE summary of enforcement activity in Arizona, including statistics on enforcement and removal operations (ERO) from an average week in 2010, ERO programs and initiatives, worksite enforcement, and more. more
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08/16/2010 | ICE Announces Arrests in Wisconsin "Operation Community Shield" Initiative ICE press release on the arrest of 11 members or associates of street gangs in the Madison, Wisconsin area as part of Operation Community Shield. All individuals arrested have been charged with administrative immigration violations and are being processed for deportation. more
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08/16/2010 | ICE Arrests 63 Individuals in Arizona Cross Check Operation ICE press release on the arrest of 63 foreign nationals with prior criminal convictions and immigration fugitives in a three-day enforcement operation in Arizona. The release includes information on the removal process for individuals arrested. more
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08/16/2010 | How to Find Charging Document Dates EOIR page illustrating how to find the charging document date located on forms that start immigration proceedings. The charging document date is required to access case status information through the EOIR automated telephone system. more
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08/16/2010 | USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS USCIS reminder to nationals of El Salvador who have Temporary Protected Status (TPS) to file their re-registration applications for TPS before the end of the re-registration period on 9/7/10. A Spanish version of this reminder is available on the USCIS website. more
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08/16/2010 | EOIR Announces More Secure Toll-Free Number for Case Information Effective 8/23/10, EOIR will launch a new automated case status information system. The toll-free number, 1-800-898-7180, will not change, but a new local number, 240-314-1500, will be in service. Callers will need to enter the A number and date of the charging document. more
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08/16/2010 | CA1 Declines to Exercise Jurisdiction Based on Voluntary Departure Regulation CA1 dismissed without prejudice, finding that if it exercised jurisdiction, it would be permitting petitioner to circumvent the regulation under 8 CFR §1240.26(i) by allowing him to seek both voluntary departure and judicial review. (Hakim v. Holder, 07/09/10). more
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08/16/2010 | CA1 Finds Youth Resistant to Gang Recruitment Not Particular Social Group CA1 held that youth recruited by gang members who resist such recruitment do not constitute a particular social group, citing decision in Mendez-Barrera v. Holder. (Larios v. Holder, 6/21/10). more
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08/16/2010 | CA1 Finds Young Women Resistant to Gang Recruitment Not Social Group CA1 held that young women recruited by gang members who resist such recruitment do not constitute a legally cognizable social group because the proposed group lacks social visibility and is not sufficiently particular (Mendez-Barrera v. Holder, 04/15/10). more
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08/16/2010 | CA1 Upholds Asylum Denial Based on Changed Circumstances in Albania CA1 affirmed BIA denial of asylum claim, finding that the 2006 Department of State Country Report and Asylum Profile demonstrated changed conditions. (Nako v. Holder, 07/07/10). more
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08/13/2010 | IACHR Finds U.S. Removal Proceedings Violated International Law The Inter-American Commission on Human Rights found that the U.S. violated Petitioners' rights under the American Declaration on the Rights and Duties of Man by failing to consider humanitarian defenses to removal. (Smith and Armendariz v. U.S., 7/12/10). more
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08/13/2010 | Statement by the President on Passage of the Southwest Border Security Bill An 8/12/10 statement by President Obama on the passage of the southwest border security bill, H.R. 6080. The news release includes a fact sheet on the Administration’s southwest border security strategy. more
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08/12/2010 | SEVP New Mailing Address The Student and Exchange Visitor Program (SEVP) is now located in Crystal City in Arlington, Virginia and has a new mailing address. more
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08/12/2010 | USCIS to Announce Grant Recipients at Citizenship Day Event On 9/17/10, USCIS will host a Citizenship Day event announcing grants to community-based organizations, followed by a panel on new citizenship research. Speakers will include Director Alejandro Mayorkas. more
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08/12/2010 | USCIS Update on Employment Authorization for Dependents of Foreign Officials USCIS update on the DHS final rule expanding the list of dependent family members of A and G foreign officials who are eligible for employment authorization. USCIS will only issue employment authorization documents to dependents recognized by DOS as qualifying. more
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08/12/2010 | Pew Hispanic Center Report on Unauthorized Immigrants and Their U.S.-Born Children ) The Pew Hispanic Center issued a report analyzing the family structure and parenting status of unauthorized immigrants in the United States. The report discusses birth estimates, fertility rates, and household/demographic patterns of immigrant vs. native-born parents. more
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08/11/2010 | DHS Announces Secure Communities Deployment to All Southwest Border Counties DHS press release announcing the deployment of the Secure Communities program to all 25 U.S. counties along the southwest border. DHS has expanded the Secure Communities initiative from 14 to 544 jurisdictions in the past 18 months. more
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08/11/2010 | GAO Report on US-VISIT Biometric Information Collection on Exiting Foreign Nationals GAO report on evaluation of the proposed collection of biometric information on exiting foreign nations under the US-VISIT program. DHS was unable to conduct a pilot evaluation on airline collection of exit information because no airline was willing to participate more
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08/11/2010 | Visa Bulletin for September 2010 Diversity (DV) immigrant category rank cut-offs, which will apply in October 2010. more
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08/09/2010 | AAO Processing Times 8/1/10 AAO processing times as of 08/01/10. more
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08/09/2010 | BALCA Affirms Denial of Labor Certification for University Professor BALCA affirmed the denial of a case involving a university professor, finding that the “more qualified” standard under 20 CFR 656.18, does not apply where the school elects to use the basic recruitment process under 656.17. Matter of ETSU, 2010-PER-00038 (7/12/10). more
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08/09/2010 | National Sheriffs' Association Adopts Resolution in Support of 287(g) Program The National Sheriffs' Association adopted a resolution on 6/29/10 at its general membership meeting affirming its support for the ICE Secure Communities and 287(g) programs. more
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08/09/2010 | DHS, CBP Announce Interim Final Rule for ESTA Fee CBP announced an interim final rule that amends DHS regulations to require travelers from Visa Waiver Program (VWP) countries to pay operational and travel promotion fees when applying for an Electronic System for Travel Authorization (ESTA) beginning 9/8/10. more
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08/09/2010 | U.S. Suspends Processing New Nepal Adoption Cases Based on Abandonment DOS and USCIS issued a joint statement announcing the decision to suspend adjudication of new adoption petitions and related visa issuance for children who are described as having been abandoned in Nepal. A list of Q&As follows the statement. more
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08/06/2010 | Fingerprint Notification for California and Arizona Asylum Applicants Due to technical difficulties, USCIS did not print and mail Forms I-797C, Fingerprint Notification to asylum applicants living in California and Arizona between 7/8/10 and 8/4/10. This notice provides instructions for persons affected by the technical failure. more
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08/06/2010 | DHS Statement on Passage of Southwest Border Bill in the Senate DHS Secretary Janet Napolitano issued a brief statement commending the Senate on passage of the Southwest Border Bill and encouraging the House to act quickly on the bill. more
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08/05/2010 | USCIS Invitation to Listening Session on Lockbox Processing USCIS invites stakeholders to an 8/24/10 listening session on processing at USCIS Lockbox facilities. Please note that USCIS will not be able to address case-specific inquiries through this session. This invitation includes registration information. more
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08/05/2010 | USCIS Webinar on Preview of New USCIS.gov Features (Updated 8/5/10) USCIS invitation and webinar presentation offered to stakeholders on 7/30/10, discusses new features on USCIS.gov, including an updated case status information page, a new online inquiry tool, and new features in Spanish. Invitation is followed by presentation slides. more
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08/04/2010 | USCIS Executive Summary of Teleconference on H-2A Prohibited Fees USCIS released the summary of a teleconference for H-2A petitioners on prohibited fees. The summary includes information about H-2A regulations on prohibited fees, how USCIS determines whether the fees are conditions of employment, and RFEs. more
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08/04/2010 | DOL PERM Round 11 FAQs DOL issued new PERM FAQs on filing and documentation requirements. Topics include expedite requests, how to document use of an employee referral program with incentives, unsolicited documentation and what OFLC counts as a “business day” for Notice of Filing purposes. more
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08/04/2010 | DOS Issues Permit for Construction of U.S.-Mexico Pedestrian Bridge DOS press release on a Presidential permit issued under Executive Order 11423, allowing the construction of an enclosed pedestrian bridge across the U.S.-Mexico border that will link a passenger facility in San Diego with the Tijuana, Baja California, Mexico airport. more
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08/04/2010 | San Diego Passport Agency to Open in 2011 DOS press release announcing an 8/10/10 site tour of the San Diego Passport Agency scheduled to open in spring 2011. The agency will be capable of issuing U.S. passport books and passport cards onsite for U.S. citizens who plan to travel within 14 days. more
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08/04/2010 | DOL Debars Asian Journal Publications from H-1B Program DOL news release announcing that it has debarred Asian Journal Publications from using the H-1B visa program until 7/30/12. A DOL Wage and Hour Division investigation determined that the employer did not properly pay the workers and misrepresented facts on the LCA. more
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08/04/2010 | Change of Filing Location for Form I-129F, Petition for Alien Fiancé(e) USCIS announcement that beginning 8/3/10, Form I-129F petitions filed by a U.S. citizen on behalf of a fiancé(e) or spouse must be submitted to the USCIS Dallas Lockbox. more
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08/04/2010 | Change of Filing Location for Form I-526, Immigrant Petition by Alien Entrepreneur USCIS announcement on the revised filing location for individuals filing an Immigrant Petition by Alien Entrepreneur (Form I-526). The new form version, dated 4/21/10, requires petitioners to file at the USCIS Dallas Lockbox rather than the USCIS California Service Center. more
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08/04/2010 | Change of Filing Location for Form I-817, Application for Family Unity Benefits USCIS announcement on revised filing instructions and addresses for applicants filing an Application for Family Unity Benefits (Form I-817) under Section 301 IMMACT 90. The new form is dated 4/21/10. more
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08/04/2010 | Change of Filing Location for Form I-539, Application to Extend/Change Nonimmigrant Status USCIS announcement on revised filing instructions and addresses for filing an Application to Extend/Change Nonimmigrant Status (Form I-539) by itself. Beginning 8/3/10, applicants submitting Form I-539 by itself must mail their application to the Dallas Lockbox facility. more
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08/04/2010 | Revised Filing Instructions for Form I-130, Petition for Alien Relative USCIS announcement on revised filing addresses for petitioners who live in Canada, and who are filing a stand-alone Form I-130, Petition for Alien Relative. The new form is dated 6/14/10. This form is now processed through the USCIS Chicago Lockbox facility. more
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08/04/2010 | Change of Filing Location for Form I-140, Immigrant Petition for Alien Worker USCIS announcement on revised filing instructions for petitioners filing an Immigrant Petition for Alien Worker (Form I-140). The new form, dated 6/14/10, reflects an effort to transition the filing of benefit forms from USCIS Service Centers to USCIS Lockbox facilities. more
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08/03/2010 | USCIS Announces New Website Features for Improved Customer Service USCIS news release and fact sheet on new website features on USCIS.gov including a new online inquiry tool and tailored case status information, as well as new features for Spanish-speaking customers available at USCIS.gov/espanol. more
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08/02/2010 | DHS and Pascua Yaqui Tribe Announce First Enhanced Tribal Card (ETC) DHS press release announcing the production of the first Enhanced Tribal Card (ETC) with the Pascua Yaqui Tribe, a WHTI-compliant document that recognizes tribal membership and U.S. citizenship for the purpose of entering the U.S. through a land or sea port of entry. more
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08/02/2010 | CA11 Remands Finding No “Reason to Believe” Petitioner Was a Drug Trafficker The court held that a vacated conviction that was based on a guilty plea combined with hearsay statements from police reports did not provide enough reason to believe that the petitioner trafficked in a controlled substance. (Garces v. U.S. Att’y Gen., 07/27/10). more
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08/01/2010 | Security Concerns Cause Closure of U.S. Consulate in Ciudad Juarez Until Further Notice Citing security concerns, the U.S. Consulate General in Ciudad Juarez is closed on July 30, 2010 and has cancelled all scheduled appointments and services for that date. Information on date of reopening will be announced by warden notice and posting on their web page. more
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July, 2010 |
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07/30/2010 | BIA Reaffirms Areguillin Interpretation of “Admitted” in INA §101(a)(13)(A) For purposes of establishing adjustment of status eligibility under INA §245(a), an alien seeking to show that he or she has been “admitted” to the U.S., need only prove procedural regularity in his or her entry. Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010). more
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07/30/2010 | Nine Individuals Sentenced in Ohio Marriage Fraud Scheme ICE news release on the sentences of nine people who pleaded guilty to charges connected with their involvement in a scheme in central Ohio to arrange fraudulent marriages between foreign nationals and U.S. citizens. more
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07/30/2010 | ICE FY 2007 – 2010 Removal Statistics ICE FY 2007 – 2010 removal statistics as of 7/22/10 including total removals, non-criminal removals, convicted criminal removals, average length of stay and average daily population in ICE custody. more
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07/30/2010 | DOJ OSC Summer 2010 Newsletter DOJ OSC newsletter covering the Supreme Court case Chamber of Commerce v. Candelaria on an AZ employer sanctions law mandating use of E-Verify, TPS updates, USCIS green card and EAD redesign, OSC enforcement activity, and the E-Verify Hotline. more
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07/28/2010 | ICE Announces Third Arrest in Alleged Conspiracy to Traffic Haitian Nationals ICE announced the arrest of a third individual indicted for conspiracy to commit human trafficking offenses involving Haitian nationals. The indictment includes charges that the defendants engaged in visa fraud by making false statements in documents filed for H-2A visas. more
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07/28/2010 | CA1 Finds BIA Erred in Mailing Briefing Schedule to Incomplete Address CA1 remanded, finding BIA abused its discretion by issuing an inadequately reasoned decision on whether petitioner was entitled to have her appeal reopened due to inadequate notice of the briefing schedule (Aponte v. Holder, 06/18/10). more
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07/28/2010 | Statement by DHS Deputy Press Secretary on Partial Injunction in SB 1070 Suit DHS press release stating that the Arizona district court’s decision to enjoin most of SB 1070 correctly affirms the federal government’s responsibilities in enforcing our nation's immigration laws. more
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07/27/2010 | ICE Memorandum on Orders of Supervision A 11/12/2004 memorandum from Victor X. Cerda, Acting Director, ICE Detention and Removal Operations, standardizes the reporting requirements for individuals released under an order of supervision or released on recognizance. more
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07/27/2010 | INS Memo on Strikes and Work Stoppages and Their Effect on H Petitions and Applications A 6/18/91 INS Memo from Eastern Service Center Director Gilbert C. Tabor that explains regulations relating to the effects of strikes and work stoppages on H petitions. Courtesy of Frances Taylor via FOIA request. more
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07/27/2010 | Government Launches New Federal Register 2.0 Website GPO and OFR launched Federal Register 2.0, a user-friendly online version of the Federal Register. The site features a layout that organizes content by topics similar to a newspaper Web site. more
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07/27/2010 | USCIS News Release, Fact Sheet and Q&As on Policy Review (Updated 7/27/10) A USCIS news release, fact sheet, and Q&As on the agency-wide Policy Review including the first 10 issue areas for review, public survey results and how the Policy Review will change USCIS policy. more
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07/27/2010 | DHS to Streamline Passenger Pre-Screening Process DHS announced the launch of a streamlined system for pre-screening passengers entering and exiting the U.S. via general aviation aircraft. The system allows pilots and operators to submit a single manifest to CBP's Electronic Advance Passenger Information System (eAPIS). more
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07/27/2010 | USCIS Policy Review Survey Summary Graphs and Tables USCIS graphs and tables summarizing responses to an external stakeholder survey conducted to identify USCIS priorities for the Policy Review. more
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07/27/2010 | USCIS Policy Review Survey Results Report A USCIS report summarizing the results of external stakeholder survey data collected identify USCIS priorities for the Policy Review. more
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07/27/2010 | USCIS Expands Payment Options at All Domestic Offices Effective 10/1/10, USCIS domestic offices and U.S. territories will no longer accept cash payment. As an alternative to cash, customers may pay using checks (including personal checks), money orders, and credit cards. Guidance on how to pay follows the press release. more
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07/26/2010 | ICE Deputizes 26 State and Local Officers under 287(g) ICE announced that the agency deputized 26 state and local law enforcement officers from eight states following completion of a four-week training program by officials with the ICE 287(g) program. States represented included AZ, CO, FL, NC, RI, SC, TX, and VA. more
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07/26/2010 | Colombian Nationals Extradited to the U.S. on Alien Smuggling and Visa Fraud Charges DOJ announced that three Colombian nationals have been extradited from Colombia to the U.S. on charges in connection with their alleged roles in a visa fraud scheme through which they fraudulently procured visas from the U.S. Embassy in Bogotá, Colombia. more
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07/26/2010 | AAO Holds Admission of Drug Use to Psychiatrist Insufficient for Inadmissibility Finding In a 6/17/09 decision, AAO dismissed waiver application as moot, finding applicant’s admission of prior drug use to a psychiatrist insufficient for inadmissibility finding. AAO addresses Section 428 of the Homeland Security Act of 2002. more
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07/26/2010 | CA9 Finds §212(k) Refers to Invalid Visas CA9 found petitioners eligible for §212(k) relief, concluding that their immigrant visas, which were derivative of their mother’s fraudulently-obtained LPR status, fell with the scope of §212(k). (Shin v. Holder, 06/11/10). more
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07/23/2010 | ICE Online Detainee Locator System (ODLS) Brochure ICE issued a brochure for the public on the Online Detainee Locator System (ODLS). The brochure includes answers to questions on how to use the search, the definition of the term “in custody,” individuals who are not included in the system, and using the information. more
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07/23/2010 | ICE Announces Launch of Online Detainee Locator System ICE announced the launch of the Online Detainee Locator System (ODLS), a public, Internet-based tool designed to assist family members, attorneys and other interested parties in locating detainees in ICE custody. The ODLS website address is http://www.ice.gov/locator. more
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07/23/2010 | SEVIS by the Numbers Quarterly Review The ICE SEVP Student Exchange Visitor Information System (SEVIS) quarterly review represents a sample of information collected from SEVIS data. On 6/30/10, SEVIS contained records for 1,084,122 active nonimmigrant students, exchange visitors, and their dependents. more
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07/23/2010 | DHS Blue Campaign to Combat Human Trafficking Press Release and Fact SheetDHS launched the “Blue Campaign,” an initiative to combat human trafficking through public awareness, victim assistance programs, and law enforcement training and initiatives. For more information, visit www.dhs.gov/humantrafficking. A fact sheet follows this press release. more
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07/23/2010 | CA9 Holds BIA Erred in Finding Application Abandoned for Failure to Timely Submit Subsequent Documentation CA9 held that BIA misinterpreted 8 C.F.R. § 1003.31(c) and erred in holding petitioner’s failure to timely submit subsequent documentation allowed IJ to deem his entire timely filed, statutorily authorized application abandoned. (Casares-Castellon v. Holder, 5/4/10). more
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07/23/2010 | CA9 Finds Unborn Child Not a Qualifying Relative under Hardship Provision CA9 upheld BIA decision that unborn child was not a qualifying relative for cancellation of removal purposes, finding that unborn child did not meet statutory definition of a “child” at time of IJ hearing. (Partap v. Holder, 5/4/10). more
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07/22/2010 | CA9 Finds IJ Denied Due Process by Limiting Testimony and Denying Continuance CA9 remanded, finding IJ denied petitioner a full and fair hearing by precluding her from testifying to matters in the psychological evaluation of her child and denying continuance less than one month after counsel’s initial appearance. (Rendon v. Holder, 05/03/10). more
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07/22/2010 | CA9 Finds Petitioners Who Received Fraudulent Green Cards in Conspiracy by Former INS Officer Removable CA9 denied petition in part, holding that government proved removability of petitioners, who belonged to a group of persons who received fraudulent green cards through the criminal conspiracy of a convicted former INS officer. (Kim v. Holder, 05/03/10). more
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07/22/2010 | CA8 Clarifies Holding in Tamenut Regarding Judicial Review of Sua Sponte Motions CA8 clarified that it is precluded from reviewing sua sponte motions, not because of a lack of jurisdiction, but rather because the court has no meaningful standard against which to judge the agency's unfettered exercise of discretion. more
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07/22/2010 | CA8 Grants Rehearing to Review Continuance Denial Following Kucana Decision CA8 granted petition for panel rehearing and vacated part of its prior opinion, finding that it now has jurisdiction to consider petitioner’s challenge to denial of his motion for continuance under Kucana v. Holder. (Hernandez v. Holder, 06/04/10). more
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07/22/2010 | CA8 Applies Hassan Case Precedent in Denial of FGM Asylum Case CA8 held that, in light of adverse credibility findings and lack of corroborating evidence to establish identity, petitioner could not satisfy burden of proof to show FGM occurred "on account of her membership" in a protected category. (Fesehaye v. Holder, 06/04/10). more
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07/22/2010 | DHS Finalizes Rule on Form I-9 Electronic Signature and Storage DHS finalized a regulation that allows employers to electronically sign and store I-9 forms, which are used by ICE to verify employment eligibility. Previously, employers were required to store the paper forms for later inspection by DHS and ICE. more
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07/21/2010 | AAO Finds Coauthored Scientific Articles Evidence for EB-1A I-140 Petition On 1/4/10, AAO sustained appeal and approved an EB-1A I-140 petition, finding no basis to conclude that USCIS should not assign weight to collaborative scientific research and that the TSC Director failed to consider petitioner’s coauthored articles. Courtesy of Z. Zac Liu. more
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07/21/2010 | GAO Report on U.S. Northern Border Delays GAO found that CBP lacks the data needed to assess the FAST Program at northern border ports. GAO also reported that CBP officers were not receiving the required number of weeks of on-the job training at 5 of the 6 ports of entry visited. more
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07/21/2010 | DHS Announces Advanced Imaging Technology Deployments at 28 Airports DHS Secretary Janet Napolitano announced the deployment of advanced imaging technology (AIT) to 28 additional airports nationwide. AIT screening is optional to all passengers. Those who opt out may request alternative screening, which includes a physical pat-down. more
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07/20/2010 | DOJ OIL May 2010 Litigation Bulletin DOJ Office of Immigration Litigation released its May 2010 Bulletin, which covers topics including a review of AG’s discretionary waiver decisions, review of AG’s discretionary waiver decisions and the Adverse Credibility Project update. more
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07/20/2010 | BIA Finds Virginia Assault and Battery Is Not Categorically a Crime of Domestic Violence BIA remanded, holding that a misdemeanor offense of assault and battery of a family member in violation of the VA Code Annotated is not categorically a crime of domestic violence within the meaning of INA § 237(a)(2)(E). Matter of Velasquez, 25 I&N Dec. 278 (BIA 2010). more
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07/20/2010 | ICE Detainee Passes Away at Orleans Parish Prison ICE reported that a 28-year-old El Salvadoran national being held in ICE custody was pronounced dead on 7/18/10 at Orleans Parish Prison after an apparent suicide. DHS' Office of the Inspector General is conducting a review of the circumstances surrounding his death. more
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07/19/2010 | Obama Administration Announces National Guard Deployment to the Southwest Border DHS and DOD announced that National Guard deployments to the Southwest border will begin on 8/1/10 as part of the administration’s efforts to combat the transnational criminal organizations that smuggle weapons, cash and people across the Southwest border. more
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07/19/2010 | USCIS Reminds Hondurans and Nicaraguans to Follow Late Re-Registration for TPS Guidance This USCIS update reminds Hondurans and Nicaraguans, who are eligible for Temporary Protected Status (TPS) but who have not filed for re-registration, to follow the late re-registration guidance. more
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07/19/2010 | USCIS Publishes First-Ever Proposed Fee Waiver Form: Update and Fact Sheet This update and fact sheet discuss the USCIS first-ever proposed standardized fee waiver form (Form I-912, Request for Individual Fee Waiver) for financially disadvantaged individuals seeking immigration benefits. Comments on the proposed form are due 9/13/10. more
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07/16/2010 | National Benefits Center Processing Time Report (07/15/10) NBC Processing Time Report released 07/15/10 with processing dates as of 05/31/10. more
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07/16/2010 | Vermont Service Center Processing Time Report (07/15/10) VSC Processing Time Report released 07/15/10 with processing dates as of 05/31/10. more
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07/16/2010 | Texas Service Center Processing Time Report (07/15/10) ) TSC Processing Time Report released 07/15/10 with processing dates as of 05/31/10. more
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07/16/2010 | Nebraska Service Center Processing Time Report (07/15/10) NSC Processing Time Report released 07/15/10 with processing dates as of 05/31/10. more
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07/16/2010 | California Service Center Processing Time Report (07/15/10) more
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07/16/2010 | DOL Statement on Confidential Information Disseminated about Workers’ Legal Status in Utah This statement by Secretary of Labor Hilda L. Solis addresses the dissemination of confidential information collected by state agencies about a worker's legal status in Utah. DOL will work to support the investigation launched by the state of Utah. more
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07/16/2010 | Secretary Napolitano Announces Grants for Southwest Border States DHS Secretary announced more than $47 million in fiscal year 2010 Operation Stonegarden grants for the Southwest border states to support law enforcement personnel, overtime, and other related costs to increase operational readiness. more
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07/15/2010 | USCIS News Release & Q&As on 10,000 U Visas Approved in FY 2010 This USCIS news release and list of answers to questions on U Visas addresses the approval of 10,000 U visas in FY 2010, new petitions, conditional approval, removal proceedings and final orders of removal, issuance of U Visas for FY 2011 and the annual cap. more
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07/15/2010 | CA11 Remands Sexual Assault and Orientation Asylum Case CA11 remanded asylum case, finding that BIA did not explain whether the sexual assault that respondent described rose to the level of persecution and instead relied on an alleged finding that the IJ, in fact, never made. (Ayala v. U.S. Attorney General, 05/07/10). more
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07/15/2010 | USCIS Q&As for Members of the Military This list of answers to frequently asked questions received by the USCIS military assistance team includes information on adjustment of status, submitting biometrics, expedite requests, and case status inquiries. more
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07/15/2010 | CA11 on Status Investigation Pursuant to I-130 Petition AER CA11 found that immigration authorities, with the information provided by respondent’s wife through an Additional Evidence Request (AER) to a I-130 petition, acted with reasonable diligence in investigating respondent’s status. (United States v. Garcia, 5/21/10). more
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07/15/2010 | What’s the Date of Hire for E-Verify? USCIS provides information on determining the date of hire for purposes of E-Verify, specifically, on the “three day rule” as it applies to E-Verify. more
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07/14/2010 | ETA-OFLC H-2A Rule Briefing Presentation 2010 This ETA-OFLC H-2A Rule Briefing Presentation was used by DOL in public briefings held between February and March 2010 to advise stakeholders of the contents of the new H-2A Final Rule, effective 3/15/10. more
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07/14/2010 | DOS Addresses Requirement of U.S. Tribal Members to Carry U.S. Passport DOS states that the requirement of U.S. citizen tribal members to carry U.S. passports for air travel into and out of the United States is not a violation of treaty obligations. more
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07/12/2010 | USCIS Special Note for Haitian Nationals Who Received EAD Cards with Incorrect Expiration Dates USCIS announced that if you are a Haitian national and applied for TPS, you may have received an Employment Authorization Document (EAD) with the expiration date of July 22, 2010. Approximately 320 individuals received EADs with an early expiration date. more
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07/12/2010 | Visa Bulletin for August 2010 (Updated 7/13/10) DOS released the Visa Bulletin for August 2010. Section D addresses the retrogression of the Mexico Family Fourth Preference cut-off date and Section E discusses the applicability of INA §202(a)(5)(A) as it relates to the allocation of "otherwise unused" numbers. more
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07/09/2010 | Partnership Draw Not Payment of H-1B Wages ARB finds that receipt of money draws under partnership agreement did not constitute payment of wages for LCA purposes, and failure to pay was willful. Administrator v. Avenue Dental Care (ARB No. 07-101, 1/7/10). more
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07/09/2010 | CA3 Finds IJ Failure to Advise on Free Legal Services Availability Invalidates Removal Order CA3 vacated and remanded, holding that IJ’s failure to advise respondent of availability of free legal services, as required under 8 C.F.R. § 1240.10(a)(2)-(3), renders subsequent removal order invalid. (Leslie v. Attorney General of the United States, 07/09/10). more
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07/09/2010 | US Department of Labor Launches Online Registry of H-2A Jobs DOL launched an online registry allowing the public to retrieve information about temporary agricultural jobs under the H-2A program. To access the H-2A job registry, visit http://icert.doleta.gov. This news release includes brief information on the registry. more
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07/09/2010 | U.S. Embassy and Consulates in China Liberalize Interview Appointment Policy Effective immediately, nonimmigrant visa applicants may book interview appointments at any U.S. Consular Section in China, regardless of the province or city where they live. more
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07/08/2010 | BALCA Affirms Denial, Finding Recruitment Report Inadequate Proof of Web Advertising BALCA affirmed denial, finding that standing alone, a signed recruitment report does not provide adequate documentation that employer placed an advertisement on its website or on a job search website. Matter of Transatlantic Systems, Inc., 2009-PER-00414 (6/29/10). more
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07/08/2010 | BALCA Affirms Denial, Finding Employer Statement Insufficient Documentation of Minimum Requirements BALCA affirmed denial, finding employer’s statement that the foreign worker meets its minimum requirements, does not constitute adequate documentation that the alien does meet those requirements. Matter of Virginia Carolina Construction, 2009-PER-00416 (6/29/10). more
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07/07/2010 | Three Indicted in Alleged Conspiracy Involving the Trafficking of Haitian Nationals DOJ announced that Carline Ceneus, Cabioch Bontemps and Willy Edouard have been indicted by a federal grand jury sitting in the Northern District of Florida for engaging in a conspiracy to commit forced labor and visa fraud involving Haitian nationals. more
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07/07/2010 | BIA on Delivery of a Simulated Controlled Substance Offense Offense of delivery of a simulated controlled substance in violation of TX law is not an aggravated felony under INA, but is a violation of a law relating to a controlled substance under former § 241(a)(2)(B)(i). Matter of Sanchez-Cornejo, 25 I&N Dec. 273 (BIA 2010). more
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07/07/2010 | USCIS Invitation to Listening Session on O and P Nonimmigrant Visas USCIS invites you to a 7/20/10 listening session on O and P nonimmigrant visa issues with the Service Center Operations Directorate, Office of Policy and Strategy, and Office of Chief Counsel. This invitation includes instructions to participate in person or by phone. more
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07/07/2010 | Effects of Puerto Rico Birth Certificate Invalidation on USCIS Benefit Seekers On 7/1/10, Puerto Rico began issuing new certified copies of birth certificates to U.S. citizens born in Puerto Rico. After 9/30/10, all certified copies of birth certificates issued prior to 7/1/10, will become invalid. This update includes questions and answers. more
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07/06/2010 | DOJ Announces Suit Against Arizona The U.S. Dept. of Justice announces that it has filed a lawsuit challenging Arizona's SB1070 legislation on immigration. more
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07/02/2010 | DOL H-2A Job Registry Factsheet ETA OFLC developed a new web-based tool, the H-2A Job Registry, allowing the public to search and retrieve temporary agricultural jobs. This new tool was developed to comply with new DOL H-2A regulations implemented on 3/15/10. more
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07/02/2010 | DOS Visa Policy Update on Changes to Processing of Applications on Returning Resident Status In 05/10, DOS issued guidance on where applicants can file the DS-117 Application to Determine Resident Status, how post should process applications, and new procedures for the creation of a permanent refusal record for denied applications. more
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07/02/2010 | DOS Visa Policy Update on Biometric Signature and Affirmation of DS-160 NIV Application In 05/10, DOS issued a cable on biometric signature and affirmation of the DS-160 NIV Application. This cable includes an action request to all DS-160 posts, effective immediately. more
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07/02/2010 | DOS Visa Policy Update on 9 FAM Update for L Visa Annonation In 05/10, DOS issued a visa policy update on an FAM change to clarify that posts may annotate blanket L visas with the name of the actual employer on the I-129-S even if that subsidiary or affiliate employer name is not in PIMS. more
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07/02/2010 | ICE Reports Number of Haitians in ICE Custody as of 6/24/10 On the ICE FOIA Reading Room, ICE reported a total of 400 Haitians in ICE Custody as of 6/24/10 including criminal and non-criminal detainees. ICE deferred to USCIS on question of the number of Haitians who have applied for asylum since the earthquake. more
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07/02/2010 | ICE Strategic Plan for FY 2010 - 2014 ICE issued its strategic plan for Fiscal Years 2010-2014. This plan lays out how ICE will meet its responsibilities for criminal investigation and civil immigration enforcement over the next five years. more
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07/01/2010 | AAO Processing Times 7/1/10 The AAO released processing times as of July 1, 2010. more
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07/01/2010 | Transcript of Remarks by the President on Comprehensive Immigration Reform President Obama issued remarks calling for both parties to come together to fix a broken immigration system and implement comprehensive reform that demands accountability from government, from businesses, and from individuals. more
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June, 2010
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06/29/2010 | ICE Civil Enforcement Priorities Memorandum ICE Assistant Secretary John Morton issues new memorandum outlining civil enforcement priorities. more
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06/29/2010 | New Schedule of Consular Fees to Take Effect on July 13, 2010 On 6/28/10, DOS published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 2010. more
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06/29/2010 | CIS Ombudsman Issues Update on Unused Family-Based Visas The CIS Ombudsman reported that during FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (F-2A preference category). A significant number of family-based visas may go unused in FY 2010. more
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06/29/2010 | DOJ OSC Enters Into Settlement Agreement in Employment Verification Case The DOJ Civil Rights Division Office of Special Counsel (OSC) entered into a settlement agreement resolving a charge alleging that Morton's of Chicago/Portland, Inc. fired a worker after rejecting her unrestricted Social Security card for Form I-9 reverification purposes. more
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06/29/2010 | Former CBP Officer Indicted for Taking Bribes From Foreign Restaurant Workers A former CBP supervisor at Midway Airport has been indicted for allegedly taking about $52,000 in bribes to allow foreign employees of three area restaurants to extend their stays in the United States. more
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06/28/2010 | USCIS Memo Authorizes VSC to Approve Extension of U Nonimmigrant Status for Derivative Family Member USCIS issued a policy memorandum authorizing the Vermont Service Center (VSC) to approve an Application to Extend/Change Nonimmigrant Status (Form 1-539) to extend U nonimmigrant status for a derivative family member whose initial period of stay is less than four years. more
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06/28/2010 | Secretary Napolitano's Remarks at CSIS on “Securing the Border: A Smarter Law Enforcement Approach” DHS Secretary Napolitano spoke at the Center for Strategic and International Studies about "Securing the Border: A Smarter Law Enforcement Approach” including the new partnership with the Major Cities Chiefs Association to create a Southwest Border Law Enforcement Compact. more
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06/28/2010 | DHS Privacy Impact Assessment on E-Verify On 5/4/10, USCIS issued a PIA on E-Verify conducted in order to better assist the public in understanding this program. Previously, USCIS addressed the E-Verify program as part of the Verification Information System (VIS) PIA. more
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06/25/2010 | DOL Announces Over $78 million for National Farmworker Jobs Program U.S. Secretary of Labor Hilda L. Solis announced $78,410,000 in grant funds through the National Farmworker Jobs Program. The program provides training and employment services to migrant and seasonal farmworkers. more
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06/25/2010 | Readout of Napolitano's Remarks to the National Association of Latino Elected and Appointed Officials DHS Secretary Napolitano delivered remarks to the National Association of Latino Elected and Appointed Officials highlighting efforts on comprehensive immigration reform and USCIS reforms including elimination of the backlog for citizenship-related background checks. more
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06/25/2010 | GAO Report on Status of North Korean Refugee Resettlement and Asylum in the U.S. GAO issued a report on the status of North Korean asylum and refugee resettlement efforts. DHS/USCIS identified 33 North Koreans who have applied for asylum in the U.S. from October 2004 through March 2010. According to GAO, the actual number is likely higher. more
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06/25/2010 | Assistant Secretary Morton Announces Internal Realignment of ICE Offices Assistant Secretary Morton announced that ICE will realign its offices to promote criminal investigations over deportation. The three new directorates are: Homeland Security Investigations (HIS), Enforcement and Removal Operations (ERO), and Management and Administration. more
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06/24/2010 | BIA Overrules Matter of Saysana Decision on Mandatory Detention BIA held that a post-TPCR release from non-DHS custody must be directly tied to basis for detention in INA §236(c)(1)(A)–(D) to implicate the mandatory detention provision. AILA filed an amicus brief in the case. Matter of Garcia Arreola, 25 I&N Dec. 267 (BIA 2010). more
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06/24/2010 | US Citizen Pleads Guilty in Marriage Fraud Scheme ICE announced that a U.S. citizen, who was paid to engage in a phony marriage with a Cambodian national to evade immigration laws, pleaded guilty in federal court to conspiracy to commit marriage fraud and marriage fraud. more
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06/24/2010 | DHS Announces “Southwest Border Law Enforcement Compact” Partnership DHS announced a partnership with the Major Cities Chiefs Association to create a Southwest Border Law Enforcement Compact to enable non-border states and local law enforcement agencies to detail officers to state and local law enforcement agencies along the Southwest border. more
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06/24/2010 | DHS Fact Sheet on Southwest Border Next Steps DHS issued a fact sheet on Department initiatives on the southwest border in the past year and a half and new budget-neutral initiatives planned. more
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06/22/2010 | Characteristics of Specialty Occupation Workers (H-1B) for FY 2009 On 4/15/10, DHS issued the USCIS Annual Report on Characteristics of Specialty Occupation Workers (H-1B) for Fiscal Year 2009 to Congress. The report includes information on countries of origin, occupations, education levels, and compensation paid to H-1B beneficiaries. more
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06/22/2010 | USCIS Fact Sheet: Your Guide to InfoPass USCIS issued a fact sheet on InfoPass, a free service to schedule a USCIS appointment, including the documents that you should bring to an appointment. This fact sheet is available in several languages on the USCIS.gov website in the News – Fact Sheets section. more
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06/22/2010 | Cuba Migration Talks Continue The U.S. and Cuba met in the third meeting on U.S.-Cuba Migration Accords implementation. The agenda reflected U.S. priorities on Cuba migration issues including gaining Cuban Government acceptance for repatriation of Cuban nationals subject to removal on criminal grounds. more
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06/22/2010 | BIA Holds Failure to Timely File Supporting Docs May Not Deem Application Abandoned When an application for relief is timely filed but supporting documents are not submitted within time established, IJ may deem opportunity to file documents waived but may not deem the application itself abandoned. Matter of Interiano-Rosa, 25 I&N Dec. 264 (BIA 2010). more
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06/22/2010 | China: Super Saturday Visa Program The U.S. Embassy in Beijing, along with four U.S. consulates general across China, is opening on Saturdays over the next few weeks to accommodate thousands of Chinese travelers seeking visas to visit the United States. more
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06/17/2010 | Northern District of California Court Addresses Border Agent Laptop Searches In an unpublished decision, the Court held that a search of a traveler’s laptop was an extended border search supported by reasonable suspicion, but that a search conducted several months later required a warrant. (United States of America v. Hanson, 6/2/10). more
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06/17/2010 | Vermont Service Center Processing Time Report (06/16/10) VSC Processing Time Report released 06/16/10 with processing dates as of 04/30/10. more
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06/17/2010 | Texas Service Center Processing Time Report (06/16/10) TSC Processing Time Report released 06/16/10 with processing dates as of 04/30/10. more
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06/17/2010 | National Benefits Center Processing Time Report (06/16/10) NBC Processing Time Report released 06/16/10 with processing dates as of 04/30/10. more
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06/17/2010 | Nebraska Service Center Processing Time Report (06/16/10) NSC Processing Time Report released 06/16/10 with processing dates as of 04/30/10. more
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06/17/2010 | California Service Center Processing Time Report (06/16/10) CSC Processing Time Report released 06/16/10 with processing dates as of 04/30/10. more
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06/16/2010 | ICE Releases Strategic Plan for FY 2010-2014 ICE released its FY 2010 – 2014 strategic plan. ICE plans to seek better statutory tools to address illegal employment, invest more resources to remove aliens who overstay nonimmigrant visas and solicit proposals for at least four regional detention facilities. more
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06/14/2010 | USCIS Announces New Version of Application to Replace Permanent Resident Card (Form I-90) USCIS announced that a new version of the Application to Replace Permanent Resident Card (Form I-90) is available on the USCIS website. USCIS will accept previous versions of Form I-90 until 07/28/10. more
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06/14/2010 | BIA Holds Matter of Lozada Substantially Satisfied Where Prior Attorney Now Deceased BIA granted a motion to reopen an in absentia order of deportation based on Matter of Lozada. BIA found Matter of Lozada substantially satisfied where prior attorney is now deceased. Unpublished decision courtesy of Geoffrey A. Hoffman. more
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06/14/2010 | USCIS Launches Redesigned E-Verify Employer Web Interface USCIS launched a redesigned web interface for employers using the E-Verify Program. All current E-Verify users are required to complete an updated tutorial. The new homepage includes a case alerts feature and masking Social Security numbers as a security feature. more
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06/14/2010 | Supreme Court Issues Decision on 2nd Drug Possession Conviction and Aggravated Felonies Supreme Court reversed, holding that second or subsequent simple possession offenses are not aggravated felonies under INA §1101(a)(43) when the state conviction is not based on the fact of a prior conviction. (Carachuri-Rosendo v. Holder, 6/14/10). more
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06/14/2010 | DOS Press Release on the Role of the Bureau of Population, Refugees, and Migration Assistant Secretary of State for Population, Refugees, and Migration, Eric Schwartz issued a press release explaining the role of the DOS Bureau of Population, Refugees, and Migration. He stated that nearly 75,000 refugees resettled in the U.S. in fiscal year 2009. more
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06/14/2010 | ICE Releases Secure Communities Presentations on FOIA Reading Room ICE released several presentations on Secure Communities from 2009 and 2010 on its FOIA Reading Room. The presentations include a Secure Communities Crash Course, Secure Communities v. 287(g), State and Local Coordination, and a fact sheet. more
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06/11/2010 | BIA Finds Antique Firearm Exception is Affirmative Defense in Removal Proceedings BIA vacated and remanded, finding that in removal proceedings, the antique firearm exception is an affirmative defense that must be sufficiently raised by an alien charged under INA § 237(a)(2)(C). Matter of Mendez-Orellana, 25 I&N Dec. 254 (BIA 2010). more
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06/11/2010 | USCIS Draft Memo on Continued Filing Eligibility for Child VAWA Self-Petitioners after Age 21 USCIS issued a draft policy memo on an INA amendment that provides for continued eligibility for certain individuals to file a VAWA self-petition as a child after attaining age 21, but before attaining age 25. Comments are due 6/24/10. more
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06/11/2010 | Visa Bulletin for July 2010 DOS released the Visa Bulletin for July 2010. Section G announces the Diversity Visa Lottery 2011 results. more
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06/11/2010 | USCIS Reminds Guatemalans of Certain Immigration Benefits Available In light of Tropical Storm Agatha, USCIS issued an update and Q & A on U.S. immigration benefits available to eligible Guatemalan nationals upon request. more
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06/11/2010 | Transcript: USCIS News Conference on Proposed Rule to Hike Fees for Immigration Benefits USCIS released the transcript of its news conference with Director Mayorkas on the proposed rule to increase fees for immigration benefit applications and petitions. more
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06/10/2010 | CIS Ombudsman Issues Recommendations on Processing of Waivers of Inadmissibility The CIS Ombudsman issued recommendations to the Director of USCIS on the processing of waivers of inadmissibility to enhance the current filing process and minimize reluctance to file. more
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06/10/2010 | AAO Dismissed Appeal on Denied I-140 without RFE Requesting Additional Evidence The Administrative Appeals Office (AAO) dismissed an appeal on an employment-based immigrant petition, where the attorney asserted that USCIS should have sent an RFE for additional evidence prior to denying the petition. Courtesy of Jeffrey Devore. more
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06/10/2010 | New Policy on Gender Change in Passports Announced DOS announced new policy guidelines regarding gender change in passports and Consular Reports of Birth Abroad beginning 06/10/10. more
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06/09/2010 | USCIS Announces Proposed Rule to Hike Fees Yet Again USCIS announced the release of a proposed rule to increase fees for immigration benefit applications and petitions. This document includes the news release, fact sheet and Q & A. The proposed rule will be published in the Federal Register on 06/11/10. more
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06/09/2010 | ICE SEVP Issues Policy Guidance on Visa Revocation This Student and Exchange Visitor Program (SEVP) policy guidance to DSOs addresses the visa revocation process, how to record such an action in a SEVIS record, and how to respond to law enforcement inquiries involving students whose visas have been revoked. more
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06/08/2010 | AAO Processing Times 5/1/10 The AAO released processing times as of May 1, 2010. more
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06/08/2010 | DHS Announces 100 Percent Watchlist Matching for Domestic Flights DHS announced that 100 percent of passengers traveling within the U.S. and its territories are now being checked against terrorist watchlists through the TSA Secure Flight program. Before Secure Flight, airlines conducted passenger watchlist checking. more
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06/08/2010 | USCIS Draft Memo for Comment on Guidance on Uniform Denial Language Pertaining to BIA Appeals USCIS issued a draft memo for comment on guidance to USCIS officers on uniform denial language pertaining to appeals to the BIA, revising AFM Chapter 10.7(b). Comments are due 6/21/10. This document includes comment submission instructions and the draft memorandum. more
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06/07/2010 | CA8 Upholds Denial of Acquittal on Charge of Conspiracy to Commit Marriage Fraud CA8 affirmed denial of acquittal on conspiracy to commit marriage fraud charge, finding circumstantial evidence sufficient to justify jury's conclusion that defendant knowingly entered into marriage for purposes of evading immigration laws. more
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06/07/2010 | CBP Deploys Video Surveillance System for SBI Northern Border Project CBP announced the deployment of the Remote Video Surveillance System in the Detroit Border Patrol Sector as part of the Secure Border Initiative’s Northern Border Project. more
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06/04/2010 | FL Man Who Served in Military during the Bosnian Conflict Leaves U.S. Following Denaturalization A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war. more
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06/04/2010 | Border Patrol Agent Pleads Guilty to Civil Rights Violation DOJ and the U.S. Attorney’s Office for the District of Arizona announced that U.S. Border Patrol Agent Eduardo Moreno pleaded guilty in federal court in Tucson, AZ, to a federal criminal civil rights charge for assaulting a Mexican national who was in his custody. more
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06/04/2010 | ICE Arrests 72 during 2-week Operation Targeting Immigration Fugitives Local U.S. ICE fugitive operations teams arrested 72 foreign nationals, including 59 with outstanding deportation orders, in the Chicago area during a two-week-long enforcement action. more
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06/04/2010 | United States, Mexico Resume Voluntary Interior Repatriation Program DHS, the Mexican Ministry of Foreign Affairs and the Mexican Ministry of the Interior announced that the Mexican Interior Repatriation Program (MIRP) has resumed for the seventh consecutive summer. more
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06/03/2010 | United States and France Establish Arrangement to Interdict High-Risk Travelers DHS Secretary Janet Napolitano today announced that the U.S. and France have established an arrangement to implement the Immigration Advisory Program (IAP) at Paris' Charles De Gaulle International Airport. more
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06/03/2010 | Readout of the President's Meeting with Governor Brewer of Arizona The White House released a statement on President Obama’s meeting with AZ Governor Brewer, which addressed border issues and comprehensive immigration reform. Regarding AZ law SB1070, the President reiterated his concern with the measure. more
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06/03/2010 | CBP Marks One-Year Anniversary of Travel Document Requirements for Land Border Crossing CBP issued a press release on the first year of Western Hemisphere Travel Initiative implementation at all land and sea ports of entry since 06/01/09. False claims to U.S. citizenship apprehensions rose 25% on the southern border following WHTI implementation. more
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06/01/2010 | CA7 Denies Motion for Attorney’s Fees in Asylum Case CA7 denied motion for attorney’s fees, finding that the “position of the United States” as used in the Equal Access to Justice Act does include the BIA’s decision and that the government’s position was substantially justified as a whole. (Gatimi v. Holder, 05/17/10). more
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06/01/2010 | CA7 Grants Petitioner, Finding BIA Interpretation of Rodriguez-Esteban Overly Broad CA7 granted petition, finding that petitioner’s challenge to the sufficiency of the notice he received before the agency rescinded his permanent resident status was reviewable. (Estrada v. Holder, 05/03/10). more
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06/01/2010 | CA7 Denies Kucana Petition Following Supreme Court Remand CA7 denied petition, finding the BIA did not abuse its discretion when concluding that the evidence did not show a material adverse change in country conditions between 2002 and 2006. (Kucana v. Holder, 05/04/10). more
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06/01/2010 | CA6 Discusses Burden of Proving Petitioners Married Prior to Entry CA6 reversed the BIA judgment with respect to its ruling that the government met its burden of proving petitioners were married prior to their entry into the U.S. and its finding that petitioner was removable. (Hassan v. Holder, 05/11/10). more
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06/01/2010 | CA1 Affirms BIA Denial of Motion to Reopen to Adjust Status CA1 denied petition, holding that the BIA acted well within its discretion in denying petitioner’s motion to reopen to adjust status. (Chi v. Holder, 05/26/10). more
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06/01/2010 | CA1 on Ineffective Assistance of Counsel and Exceptional Circumstances CA1 denied petition, where petitioner alleged that lawyer's ineffectiveness led to a lack of notice, court held that that petitioner was time-barred from seeking to reopen on the basis of exceptional circumstances. (Reis v. Holder, 05/21/10). more
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May, 2010
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05/28/2010 | CBP, TSA Provide Reminders and Travel Tips to Summer Travelers U.S. Customs and Border Protection and the Transportation Security Administration joined efforts to provide travel tips to summer travelers. more
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05/28/2010 | First ICE Charter Lands in Iraq
ICE Detention and Removal Operations, in a charter flight to the Middle East, which made stops in Cape Verde, Lebanon and, for the first time, Iraq, removed 31 men with final orders of removal. more
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05/27/2010 | USCIS Director's Message on Signature Authority
This message from USCIS Director Alejandro Mayorkas provides an update on previous USCIS engagement around its contemplated policy on who has the authority to sign applications and petitions submitted to USCIS. more
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05/27/2010 | Travel.State.Gov Launches New Design
The U.S. Department of State’s Bureau of Consular Affairs launched a new design of www.travel.state.gov aimed at making the site easier for users to navigate. more
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05/25/2010 | CA8 Finds Jurisdiction to Review Continuance Denial Based on Kucana Decision
CA8 denied petition and held that since Supreme Court's Kucana decision effectively overruled CA8 decision in Onyinkwa, the court has jurisdiction to review the IJ's denial of the continuance. (Thimran v. Holder, 03/25/10). more
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05/25/2010 | CA2 on Fraudulent VWP Applicants and Removal
CA2 denied petition, finding that since petitioner attempted entry using a fake passport from a Visa Waiver Program nation, his removal was properly administered under that program. (Shabaj v. Holder, 04/12/10). more
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05/25/2010 | CA8 on Eligibility for Relief of Adjustment of Status
CA8 denied petitioner, upholding finding that petitioner is ineligible for relief in the form of adjustment of status based on conviction for crime of moral turpitude. (Lui v. Holder, 04/06/10). more
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05/25/2010 | CA8 Remands, Finding BIA Interpretation of Motion to Remand Distorted Aspect of Claim
CA8 remanded, holding that to the extent that BIA interpreted petitioner's motion to remand as an attempt to have the IJ decide her adjustment of status application, BIA's analysis distorted an important aspect of petitioner's claim (Clifton v. Holder, 03/23/10). more
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05/25/2010 | DOS Announces Nonimmigrant Visa Application Fees to Increase June 4
On 05/20/10, DOS published an interim final rule that increases nonimmigrant visa application processing fees and establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to go into effect on 06/04/10. more
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05/25/2010 | USCIS Transitions Intake Function from Service Centers to Lockbox Network for Several Benefit Requests
USCIS announced that it will transition the intake function of several more forms from the Service Centers to its Lockbox network. The forms scheduled for the transition include Forms I-817, I-526, I-539, I-129F, and I-140. more
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05/25/2010 | BALCA Affirms Denial Finding Requirement in Ad Less Favorable Than ETA 9089
BALCA affirmed denial, finding employer’s advertisements listing travel requirement for position were less favorable than conditions listed in the ETA 9089, which did not list the requirement. Matter of Xpedite Technologies, 2010-PER-00105 (04/07/10). more
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05/25/2010 | BALCA Affirms Denial Finding Denial without Prior Notice of Grounds does Not Violate Regulations
BALCA affirmed denial, finding denial without prior notice of the grounds for denial did not violate the regulations. The PERM regulations eliminated the NOF/Rebuttal procedure found in the pre-PERM regulations. Matter of WP Realty Inc., 2010-PER-00146 (04/07/10). more
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05/25/2010 | CA8 Remands, Finding Petitioner Eligible for Asylum Based on Past Persecution
CA8 remanded asylum claim to IJ, finding that that the evidence would compel any reasonable fact-finder to conclude that petitioner suffered past persecution.(Bracic v. Holder, 04/29/10). more
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05/25/2010 | CA9 Finds BIA Failed to Analyze Evidence on Targeting Due to HIV Status
CA9 remanded CAT claim, finding that IJ and BIA fail to analyze testimony and documentary evidence that petitioner would be individually and intentionally targeted for mistreatment because of his HIV status and associated medical problems. (Eneh v. Holder, 04/15/10). more
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05/25/2010 | CA9 Finds CA Law Grand Theft Conviction Qualifies as Aggravated Felony
CA9 denied petition, upholding BIA decision that petitioner’s conviction for grand theft under CA state law qualified as an aggravated felony under the modified categorical approach. (Ramirez-Vilalpando, 04/09/10). more
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05/25/2010 | CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Sum v. Holder, 04/23/10). more
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05/25/2010 | CA9 Remands Withholding of Removal Claim for Past Persecution Decision
CA9 remanded in part, finding that the IJ and BIA did not decide whether petitioner’s testimony, if believed, established past persecution. The court held that the IJ erred in making a finding of changed circumstances. (Mutuku v. Holder, 04/09/10). more
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05/25/2010 | CA9 on Joint Petition and Good Faith Marriage Requirements
CA9 held that petitioner was not entitled to LPR status, finding IJ and BIA ruling supported by substantial evidence, where wife withdraw her support and INS determined that he had not entered into the marriage in good faith. (Hammad v. Holder, 04/22/10). more
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05/25/2010 | CA9 on the Definition of “Admitted” under § 212(h)
CA9 denied petition, finding that because petitioner was “admitted” as an LPR in the sense of being inspected and authorized at the port of entry, but later convicted, he is barred from § 212(h) relief. (Nunez-Reyes v. Holder, 04/23/10). more
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05/25/2010 | CA9 Finds Aggravated Felony Provision Does Not Apply to Conviction Before 11/18/88
CA9 granted petition, holding that petitioner is not removable by reason of being an aggravated felon, because 8 U.S.C. § 1227(a)(2)(A)(iii) does not apply to convictions, that occurred prior to November 18, 1988. (Ledezma-Galacia v. Holder, 03/29/10). more
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05/25/2010 | CA9 Finds IJ Erred by Considering Her Bond Hearing Notes during Removal Hearing
CA9 granted petition and remanded asylum case, finding that IJ, who presides over the same petitioner’s bond hearing and removal hearing, may not use her notes from the unrecorded bond hearing in reaching her removal hearing decision. (Joseph v. Holder, 04/14/10). more
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05/25/2010 | CA9 Remands Asylum Case on China’s Population Control Policy
CA remanded, holding that petitioner suffered persecution for demonstrating other resistance to China’s coercive population control policy and deferred to AG’s INA interpretation in J-S- on spouses of victims of such policies. (Jiang v. Holder, 05/24/10). more
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05/25/2010 | CA9 Finds Marriage Fraud Covered By Fraud Waiver
CA9 granted petition and remanded, holding that an alien whose legal status as the spouse of a citizen is later terminated because the marriage was fraudulent is eligible for discretionary relief from removal. (Vasquez v. Holder, 04/19/10). more
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05/25/2010 | CA6 Finds Actions by Secretary of DHS within § 1252(g) Jurisdictional Bar
CA6 affirmed dismissal for lack of jurisdiction, holding that an alien’s petition for a writ of prohibition that directly challenges his or her final removal order on constitutional grounds is subject to the jurisdictional bars. (Elgharib v. Napolitano, 03/30/10). more
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05/24/2010 | CA7 on Imputed Political-Opinion and China’s One-Child Policy
CA7 granted petition and remanded, recognizing that an asylum claim alleging persecution for resistance to a coercive population-control program under § 1101(a)(42)(B) may rely in part on a parent’s persecution for resisting that program. (Chen v. Holder, 04/28/10). more
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05/24/2010 | CA7 Finds Attorney Conduct in Asylum Case Warrants Professional Investigation
CA7 denied petition, noting that a professional investigation of attorney’s handling of the petitioners’ cases appears to be warranted. The court transmitted its decision to the Arkansas Committee on Professional Conduct and EOIR. (Juarez v. Holder, 03/12/10). more
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05/24/2010 | CA7 on Requirements of Cancellation of Removal as a Battered Spouse
CA7 denied petition finding petitioner deportable under §1227(a)(2)(A)(i) and ineligible for cancellation of removal as a battered spouse because he could not meet all five requirements. (Benaouicha v. Holder, 04/06/10). more
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05/24/2010 | CA5 on Application of the Departure Bar
CA5 held that the departure bar applies an alien who departs the US after receiving notice of his deportation proceeding, but before the proceeding is completed and the IJ enters the deportation order. (Toora v. Holder, 04/08/10). more
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05/24/2010 | Statement of CBP Commissioner Alan Bersin on Southwest Border Updates
On 04/14/10, CBP Commission Alan Bersin testified before the House Appropriates Committee, Subcommittee on Homeland Security on Southwest Border updates including the Secure Border Initiative. more
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05/24/2010 | Statement of DHS Secretary Janet Napolitano on FY 2011 DHS Budget Request On 04/21/10, DHS Secretary Janet Napolitano issued a statement before the U.S. Senate Subcommittee on Homeland Security Appropriations on President Obama's (FY) 2011 Budget Request for DHS. Topics addressed include border security, E-Verify and Secure Communities. more
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05/24/2010 | ICE Releases List of Detainee Deaths from October 2003 through May 2010
On the ICE FOIA Reading Room, the agency released a list of detainee deaths from October 2003 through May 2010. During that period, 111 people died in ICE custody, according to the list. more
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05/24/2010 | CBP Announces 2010 Pleasure Boat Clearance Procedures
CBP announced clearance procedures for pleasure boats arriving in the U.S. from Canada. Boaters, family members and all guests entering the U.S. must report for inspection immediately upon arrival. more
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05/17/2010 | California Service Center Processing Time Report (05/14/10)
CSC Processing Time Report released 05/14/10 with processing dates as of 03/31/10. more
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05/17/2010 | National Benefits Center Processing Time Report (05/14/10)
NBC Processing Time Report released 05/14/10 with processing dates as of 03/31/10. more
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05/17/2010 | Vermont Service Center Processing Time Report (05/14/10)
VSC Processing Time Report released 05/14/10 with processing dates as of 03/31/10. more
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05/17/2010 | Texas Service Center Processing Time Report (05/14/10)
TSC Processing Time Report released 05/14/10 with processing dates as of 03/31/10. more
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05/17/2010 | Nebraska Service Center Processing Time Report (05/14/10)
NSC Processing Time Report released 05/14/10 with processing dates as of 03/31/10. more
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05/14/2010 | DOL Unveils Online Advisor Tool to Clarify Rights and Responsibilities Under H-1B Visa Program
On 5/13/10, DOL unveiled a new "Online Advisor" tool to help employers and others understand how to comply with requirements under the H-1B visa program. This news release contains a link to the Online Advisor. more
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05/14/2010 | USCIS Memorandum on Ramos v. Holder: Former Gang Membership as Potential Social Group
This 03/02/10 USCIS Memorandum from Joseph E. Langlois provides notification to Asylum Offices of the Seventh Circuit’s decision in Ramos v. Holder, holding that former gang membership can form the basis for a particular social group. more
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05/12/2010 | CA2 Finds Ineffective Assistance of Counsel as Grounds for Excusing Administrative Exhaustion Requirement
CA2 vacated the district court judgment and held that the administrative exhaustion requirement of 8 USC § 1326(d)(1) can be excused when an alien has received ineffective assistance of counsel. (USA v. Cerna, 04/27/10). more
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05/12/2010 | CA3 Upholds BIA Interpretation of § 1239.2(f) on Prima Facie Naturalization Eligibility
CA3 denied petition and deferred to BIA interpretation that § 1239.2(f) requires DHS to present affirmative communication on prima facie naturalization eligibility before termination of removal proceedings. (Zegrean v. Attorney General of the United States, 04/13/10). more
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05/12/2010 | Visa Bulletin for June 2010
DOS released the Visa Bulletin for June 2010. Section C addresses the advance notification of the diversity (DV) immigrant category cut-offs which will apply in July. Section D addresser oversubscription of the Dominican Republic chargeability. more
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05/11/2010 | USCIS Announces Redesigned Green Card: Fact Sheet and FAQ
USCIS announced that beginning 05/11/10, it will issue all permanent resident cards commonly known as “green cards” in a redesigned format to incorporate new security features. This announcement includes a news release, fact sheet, FAQ and examples of the redesigned card. more
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05/10/2010 | CA3 Remands, Finding BIA Erred in Review of CAT Decision
CA3 remanded, holding that BIA erred in reviewing the finding of a probability of torture de novo and not under a “clearly erroneous” standard. (Kaplun v. Attorney General of the United States, 04/09/10). more
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05/10/2010 | CA3 on INA Confidentiality Provisions and LIFE Act Family Unity Benefits Applications
CA3 denied petition, finding confidentiality provisions of INA §245A(c)(5) inapplicable to an application for employment authorization submitted by the child of a LIFE Act adjustment of status applicant. (Patel v. Attorney General of the United States, 03/30/10). more
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05/10/2010 | CA3 Finds “Extreme Cruelty” Determination Discretionary
CA3 agreed with CA10, CA5, CA7, holding that “extreme cruelty” determination for cancellation of removal under the Special Rule for Battered Spouses is discretionary and not subject to judicial review. (Johnson v. Attorney General of the United States, 04/16/10). more
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05/10/2010 | CA2 on Lozada Requirements for Ineffective Assistance of Counsel Claim
CA2 denied petition and upheld BIA denial of petitioner’s motion to reopen based on alleged ineffective assistance of prior counsel, finding that petitioner failed to comply with the requirements of In re Lozada (BIA 1988). (Debeatham v. Holder, 04/28/10). more
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05/10/2010 | CA2 Finds Limited Jurisdiction to Review Moral Character Determinations under Catchall Provision
CA2 held that it has jurisdiction to review agency's moral character determinations made pursuant to 8 USC § 1101(f) catchall provision when petitioners raise "constitutional claims or questions of law." Petition denied on merits. (Sumbundu v. Holder, 04/07/10). more
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05/07/2010 | ICE Memorandum on Reporting and Investigating Claims to United States Citizenship
This 11/19/09 ICE memo from John Morton, Assistant Secretary, provides guidance to ensure claims to U.S. citizenship receive immediate and careful investigation and analysis. This guidance supersedes previous guidance from 11/06/08. more
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05/06/2010 | BALCA Reverses H-2B Denial Finding CO Misinterpreted Applicant's Statement Regarding Experience
After setting an expedited briefing schedule and allowing faxed document submission, BALCA reversed H-2B denial, finding that CO misinterpreted applicant’s statement regarding experience. Matter of Margaret Pirovano, 2010-TLN-00059 (4/30/10). Courtesy of Jeff Devore. more
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05/05/2010 | CRS Report: U.S. Immigration Policy on Haitian Migrants
On 03/31/10, the Congressional Research Service (CRS) issued a report on U.S. policy on Haitian migrants including immigration trends, policy evolution, temporary protected status, federal assistance, and options for the 111th Congress. more
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05/05/2010 | CRS Report: U.S. Immigration Policy on Permanent Admissions
The Congressional Research Service (CRS) issued a report on U.S. policy on permanent immigration including admission trends, backlogs and waiting times, and options in the 111th Congress. more
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05/05/2010 | CRS Report: Unauthorized Aliens in the United States
The Congressional Research Service (CRS) issued a report on undocumented immigrants in the U.S. including information on demographics, current law, and policy options. more
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05/04/2010 | BALCA Affirms Denial for Failure to Show Business Necessity
BALCA affirmed denial, finding petitioner’s arguments failed to address why business necessity justifies an experience requirement double the amount determined by the O*Net Job Zone for “cook” position. Matter of Robertos Mexican Food, 2009-PER-00206 (03/31/10). more
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05/03/2010 | BIA on § 245(i) Adjustment of Status and Unauthorized Employment Restrictions
BIA held that an alien otherwise eligible to adjust status under INA § 245(i), is not subject to §§245(c) unauthorized employment restrictions and exception in 245(k) that apply to adjustment of status under §245(a). Matter of Alania, 25 I&N Dec. 231 (BIA 2010). more
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05/03/2010 | DOS Alerts U.S. Citizens to Lack of Communications in Areas of Mozambique
DOS alerted U.S. citizens that the Embassy's ability to communicate with and assist citizens in central and northern Mozambique may be severely limited in due to a severed fiber optic cable. This Travel Alert expires on 05/31/10. more
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April, 2010
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04/30/2010 | Statement by President Obama on Senate CIR Proposal Outline
President Obama issued a brief statement on the proposal outlined in the Senate on 04/29/10 to fix our nation’s broken immigration system. more
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04/30/2010 | USCIS Fact Sheet on Requirements for Supporting TPS Fee Waiver Requests
USCIS issued a fact sheet including guidance on what should be in the written statement requesting a fee waiver when applying for temporary protected status. more
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04/29/2010 | Final Text of the Real Enforcement with Practical Answers for Immigration Reform (REPAIR) Proposal
Final text of the REPAIR proposal, a 26-page “framework of concrete bipartisan ideas” for immigration reform announced by Senators Reid, Durbin, Schumer, Leahy, Feinstein, and Menendez on 04/29/10. more
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04/29/2010 | Staffing Company Managers Charged with Hiring Undocumented Immigrants
ICE charged a president and office manager of two staffing companies with unlawfully hiring undocumented immigrants. The charges were brought after an ICE worksite enforcement investigation. more
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04/29/2010 | District Court Indicts Corporation for Hiring and Employing Undocumented Immigrants
San Diego corporation indicted for knowingly making false attestations on I-9 Forms, hiring employees unauthorized to work in the U.S., and employing those aliens after learning of their ineligibility to work. U.S. v. The French Gourmet Inc. (SD Cal. 04/15/10). more
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04/28/2010 | AAO Sustains Appeal on Issue of Professional Position
The AAO sustains Petitioner's appeal and found that a market research analyst is a professional position. Courtesy of William Sim. more
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04/23/2010 | USCIS Advises Foreign Nationals Whose Work Permits Expire before CNMI-Only Visa Categories Available
USCIS announced that it will grant parole-in-place status to certain foreign nationals in the Commonwealth of the Northern Mariana Islands (CNMI). more
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04/22/2010 | BIA Finds LPR Who Entered Without Inspection “Admitted” on Status Adjustment Date
BIA held that an alien who entered without inspection and later obtained LPR status through adjustment of status, must satisfy INA §212(h) residence requirement for inadmissibility waiver eligibility. Matter of Koljenovic, Int. Dec. 3677, 25 I&N Dec. 219 (BIA 2010). more
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04/22/2010 | How to Record Departure from the U.S. After the Fact
CBP informs the public on what to do if a person does not turn in the I-94 when leaving the U.S., whether by air, land, or sea. CBP also indicates what documents are considered when validating departure. more
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04/20/2010 | ICE Releases DRO Haitian TPS Guidance to Field Offices
ICE released on its FOIA Reading Room, a 01/25/10 confidential e-mail on behalf of the DRO Assistant Director for Field Operations to Field Office Directors and Deputy Directors on Temporary Protected Status (TPS) information for detained Haitian nationals. more
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04/20/2010 | ICE Releases DHS Form G-123A for Reporting on a Company
ICE released on its FOIA Reading Room, the DHS Form G-123A, Worksheet for Oral Report – Company, for complaints to DHS on a company’s employment of unauthorized workers. more
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04/20/2010 | FY09 H-1B Petitioner List
List of petitioners who received an approval in FY09 of Form I-129, requesting initial H-1B status for the beneficiary. Approximately 3,000 initial H-1B petitions are not accounted for on this list due to missing petitioner tax ID numbers. more
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04/19/2010 | BALCA Affirms Denial for Failure to Prove Business Necessity for Excessive Experience Requirement
BALCA affirmed denial, finding employer failed to show business necessity where the requirement of a B.A. and 3 years experience in job offered for a “Senior Software Engineer” position exceeded assigned Job Zone SVP. Matter of Wissen, Inc., 2009-PER-00405 (04/15/10). more
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04/19/2010 | BALCA Affirms Denial, Finding Undated Web Site Document Deficient as Proof
BALCA affirmed denial, finding that documentation provided with audit response was deficient as proof of the dates of a company web site recruitment effort because it did not show dates of posting. Matter of PSI Family Services, Inc., 2010-PER-00097. (4/16/10). more
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04/19/2010 | CA3 on Secretary of Labor’s Jurisdiction to Impose Sanctions after Statutory Deadline
CA3 concluded, under Supreme Court’s analysis Brock v. Pierce County, that the Secretary of Labor had jurisdiction to impose sanctions for H-1B violations after the deadline for her actions expired. (Cyberworld Enterprise Technologies, Inc. v. Napolitano, 04/12/10). more
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04/19/2010 | CBP Reopens Student Pedestrian Lanes on Downtown Bridge in El Paso, TX
CBP reintroduced designated student lanes at the downtown Paso Del Norte international crossing in El Paso, Texas. Beginning 4/16/10, students will be able to use the designated lanes between 7:00 a.m. and 9:00 a.m. daily when school is in session. more
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04/19/2010 | National Benefits Center Processing Time Report (4/15/10)
NBC Processing Time Report released 4/15/10 with processing dates as of 2/28/10. more
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04/19/2010 | Vermont Service Center Processing Time Report (4/15/10)
VSC Processing Time Report released 4/15/10 with processing dates as of 2/28/10. more
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04/19/2010 | Texas Service Center Processing Time Report (4/15/10)
TSC Processing Time Report released 4/15/10 with processing dates as of 2/28/10. more
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04/19/2010 | Nebraska Service Center Processing Time Report (4/15/10)
NSC Processing Time Report released 4/15/10 with processing dates as of 2/28/10. more
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04/19/2010 | USCIS Special Update on Relief for Foreign Nationals Stranded due to Icelandic Volcano Eruption
Foreign nationals stranded in the U.S. due to airport closures in Europe caused by the Icelandic volcano eruption and who are about to exceed their authorized U.S. stay have two avenues for relief. This update provides instructions for persons traveling under a visa. more
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04/19/2010 | California Service Center Processing Time Report (4/15/10)
CSC Processing Time Report released 4/15/10 with processing dates as of 2/28/10. more
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04/16/2010 | ICE Conducts Large Human Smuggling Network Investigation in AZ
In an ICE investigation by targeting several Arizona-based human smuggling organizations, over 800 agents and officers from nine federal, state and local law enforcement agencies carried out arrests and searches in Phoenix, Tucson, Nogales and Rio Rico, Arizona. more
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04/16/2010 | USCIS Announcement and Q & A on Policy Review and Survey
USCIS announced a new initiative, the USCIS Policy Review, to review all agency guidance and policy memoranda. USCIS invites stakeholders to complete an online survey for the review by 04/29/10. A list of questions and answers follows this update. more
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04/15/2010 | USCIS Memo on SOP for Adjudication of Family-Based Petitions under the AWA
This 08/24/08 memo from Donald Neufeld, USCIS Acting Associate Director of Domestic Operations, addresses adjudication of Forms I-129F and I-130 under the Adam Walsh Child Protection and Safety Act (AWA). Courtesy of AILA Member Carol Edward via FOIA request. more
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04/15/2010 | USCIS Memo on Ramos v. Holder Decision Regarding Former Gang Membership
USCIS Asylum Division Chief John Langlois issued a memo to asylum office staff on 03/02/10 on the Seventh Circuit decision in Ramos v. Holder holding that a former gang membership can be the basis for a particular social group. more
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04/15/2010 | CBP Memo Regarding the Validity of Certain Foreign Passports
A CBP memo and weekly muster from 03/02/09 addresses the DOS revision of the "Countries that Extend Passport Validity for an Additional Six Months after Expiration" listed in the Foreign Affairs Manual (FAM). AILA received this memo in response to a FOIA request. more
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04/15/2010 | CBP Memo Regarding the Processing of L-1 Nonimmigrants
A CBP memo and weekly muster from 03/16/09 discusses the proper term of admission for nonimmigrant visitors in the L-1 classification. AILA received this memo in response to a FOIA request. more
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04/15/2010 | USCIS Reminds Haitians to Register for Temporary Protected Status (TPS)
USCIS issued an update to remind Haitian nationals that they must file their applications for Temporary Protected Status (TPS) no later than 07/20/10. The TPS designation for Haiti will remain in effect through 07/22/11. more
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04/15/2010 | AAO Processing Times 4/1/10
The AAO released processing times as of April 1, 2010. more
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04/13/2010 | DHS Annual Report on U.S. Legal Permanent Residents for FY 2009
The DHS Office of Immigration Statistics issued its Annual Flow Report on U.S. Legal Permanent Residents (LPRs) for FY 2009. In 2009, a total of 1,130,818 persons became LPRs of the U.S. more
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04/13/2010 | ICE Issues Updated Facts on 287(g) Program and Responds to OIG Report
ICE issued a fact sheet on the 287(g) program. The document states that the OIG report published in March 2010 does not reflect the current 287(g) program. more
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04/12/2010 | Visa Bulletin for May 2010
DOS released the Visa Bulletin for May 2010. Section D announces that annual limits for Mexico Employment Third and Third preference Other Worker categories have been reached. Section E addresses visa availability in coming months. more
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04/12/2010 | CIS Ombudsman Issues Update on Getting the Most Out of Calls to USCIS NCSC
The CIS Ombudsman issued an update that includes questions and answers on calling the USCIS National Service Center. Topics include how the NCSC operates, how to prepare for your call, what to do during your call, service requests, inquiries, and how the Ombudsman can help. more
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04/12/2010 | CBP Announces 1-Stop Enrollment Pilot with the Netherlands for Expedited Trusted Traveler Program
CBP announced that travelers may apply to the Global Entry and Dutch Privium Trusted Traveler programs at one of five joint enrollment centers established as a pilot initiative in the U.S. and the Netherlands through the Fast Low-Risk Universal Crossing (FLUX) program. more
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04/10/2010 | USCIS Continues to Accept FY 2011 H-1B Petitions
USCIS announced that it continues to accept H-1B nonimmigrant petitions subject to the FY 2011 cap. more
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04/01/2010 | AAO Affirms Denial of Adjustment Finding Applicant Did Not Have Valid Labor Certification The AAO affirmed the denial of Applicant’s AOS application, finding Applicant did not have a valid labor certification because a substituted beneficiary had used Applicant’s original LC as a basis for his AOS. Decision courtesy of Matthew R. Glinsmann. more
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March, 2010
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03/31/2010 | BALCA Affirms Denial, Finding Failure to Provide Adequate Documentation BALCA affirmed denial, finding that letter to publisher asking for ad to be placed together with proof suggesting payment for ad, does not, in itself, prove ads were run in compliance with regulations. Matter of Natural Nature, Inc., 2009-PER-00337 (3/30/10). more
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03/31/2010 | BALCA Reverses, Finding Compliance with Requirements for Employee Referral Program BALCA reversed denial and granted labor certification finding employer was in compliance with requirements for an employee referral program and met all of the required steps in the PERM process. Matter of Clearstream Banking S.A., 2009-PER-00015 (3/30/10). more
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03/30/2010 | CA9 Finds Lack of Jurisdiction to Review BIA Discretionary Denial for Abuse of Discretion CA9 found lack of jurisdiction to review for abuse of discretion BIA’s discretionary denial of petitioner’s motion to accept untimely brief because there is no meaningful standard against which to judge agency’s exercise of discretion. (Zetino v. Holder, 2/18/10). more
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03/30/2010 | CA8 Affirms Denial Finding 209(c) Waiver Had No Bearing on Removability for Conviction CA8 denied finding that since 209(c) waiver in record only dealt with waiving inadmissibility grounds for purpose of seeking adjustment of status, it had no bearing on removability for his conviction and he was not denied due process (Freeman v. Holder, 3/8/10). more
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03/30/2010 | CA8 Affirms Denial for Failure to Timely Petition Court for Review of Final Removal Order ) CA8 denied petition finding because respondent did not timely petition court for review of final ICE removal order, district court lacked jurisdiction “to hear any claim” for relief that would frustrate agency’s action to execute order. (Lang v. Napolitano, 3/1/10). more
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03/30/2010 | CA7 on Retroactive Relief and the Ten-Year Bar CA7 denied petition affirming BIA ruling that an application for retroactive relief cannot be granted when the effect would be to lift the ten-year bar. (Gonzalez-Balderas v. Eric Holder, 3/5/10). more
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03/30/2010 | CA6 Finds Former Gang Member Part of Particular Social Group, Denies Petition CA6 held BIA erred and respondent was a member of the particular group of former gang members, which is impossible to leave save by rejoining the organization. Court denied petition finding him statutorily ineligible for withholding. (Urbina-Mejia v. Holder, 3/5/10). more
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03/30/2010 | CA4 Affirms BIA Denial of Motion to Reopen in Asylum Case Pursuant to Removal The court denied petition in asylum case finding BIA did not abuse its discretion in denying relief based on the statutory requirement that one must be present in the U.S. to be eligible for asylum. (Sadhvani v. Holder, 12/31/09). more
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03/30/2010 | CA5 Affirms Finding Agency’s Decision to Issue LEC Discretionary in U Visa Case CA5 affirmed district court grant of motion to dismiss in a U Visa case finding that a law enforcement agency’s decision to issue a “law enforcement certification” (LEC) is discretionary. (Orosco v. Napolitano, 3/2/10). more
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03/30/2010 | DOL Issues H-2A 2010 Final Rule FAQs Round One DOL issued the first round of Frequently Asked Questions (FAQs) addressing the H-2A program under the new regulations, which took effect 3/15/10. more
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03/29/2010 | CA4 on TPS “Continuous Residence” Requirement and Minor Children The court denied petition finding that petitioners, who were minor children, ineligible for Temporary Protected Status (TPS) because they could not satisfy the “continuous residence” eligibility requirement of 8 U.S.C. § 1254a(c)(1)(A). (Cervantes v. Holder, 3/8/10). more
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03/29/2010 | CA4 Finds Lack of Jurisdiction to Review Withholding of Removal Denial and CAT Claim CA4 dismissed petition, finding lack of jurisdiction to review withholding of removal denials in cases involving certain criminal aliens and lack of jurisdiction over CAT claim due to petitioner’s failure to exhaust administrative remedies (Kporlor v. Holder, 3/5/10). more
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03/26/2010 | DOL Issues Updated Prevailing Wage FAQs DOL OFLC issued updated prevailing wage FAQs to assist employers and others. These FAQs replace those issued in December 2009 by updating certain information. more
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03/23/2010 | USCIS Announces Change of Filing Location for Form I-131 USCIS announced a change of filing location for Form I-131, Application for Travel Document. Beginning 3/19/10 applicants will file their applications at the USCIS Vermont Service Center or at one of the USCIS Lockbox facilities. more
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03/19/2010 | USCIS Q & A on FY 2010 Citizenship and Integration Grant Program USCIS issued a list of questions and answers on two competitive funding opportunities for organizations preparing lawful permanent residents for citizenship. Topics include the Direct Services Grant Program, application and eligibility, and grant funded activities. more
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03/19/2010 | USCIS Issues Fact Sheet on DHS E-Verify Initiatives USCIS issued a fact sheet listing questions and answers on the three new E-Verify initiatives announced by DHS and USCIS on 3/17/10. Topics include the memorandum of agreement (MOA) with DOJ, employee hotline, and civil rights and civil liberties videos. more
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03/17/2010 | BIA Finds Conviction for Infliction of Corporal Injury on Spouse is “Crime of Violence” BIA held that a misdemeanor conviction for willful infliction of corporal injury on a spouse under California law qualifies categorically as a conviction for a “crime of violence” under 18 U.S.C. § 16(a) (2006). Matter of Perez Ramirez, 25 I&N Dec. 203 (BIA 2010). more
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03/17/2010 | DHS Announces New E-Verify Initiatives DHS and USCIS announced three new E-Verify initiatives including an agreement with DOJ to streamline the adjudication process in misuse and discrimination cases, a helpline for employees to offer process information and assistance in completing Form I-9 and training videos. more
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03/17/2010 | National Benefits Center Processing Time Report (3/12/10) NBC Processing Time Report released 3/12/10 with processing dates as of 1/31/10. more
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03/17/2010 | Vermont Service Center Processing Time Report (3/12/10) VSC Processing Time Report released 3/12/10 with processing dates as of 1/31/10. more
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03/17/2010 | Texas Service Center Processing Time Report (3/12/10) TSC Processing Time Report released 3/12/10 with processing dates as of 1/31/10. more
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03/17/2010 | Nebraska Service Center Processing Time Report (3/12/10) NSC Processing Time Report released 3/12/10 with processing dates as of 1/31/10. more
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03/17/2010 | California Service Center Processing Time Report (3/12/10) CSC Processing Time Report released 3/12/10 with processing dates as of 1/31/10. more
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03/17/2010 | USCIS Issues Humanitarian Parole Fact Sheet The list of questions and answers include information on how to request humanitarian parole and guidelines. more
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03/17/2010 | ICE Secure Communities Complaint Process ICE issued information on how to file a complaint alleging racial profiling, due process violations or other violations of civil rights and civil liberties related to the Secure Communities initiative. more
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03/17/2010 | USCIS Director Testifies Before Congress on USCIS Budget Request On 03/16/10, USCIS Director, Alejandro Mayorkas provided testimony before the House Committee on Appropriations, Subcommittee on Homeland Security. more
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03/17/2010 | USCIS Update on Orphan Processing USCIS announced that, beginning April 1, 2010, USCIS is centralizing processing and adjudication of all new orphan (Non-Hague) petitions with the agency’s specialized adoptions team at the National Benefits Center (NBC) in Missouri. more
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03/16/2010 | USCIS Memo on Clarifying Guidance on Adjudicating Reciprocal Exchange Agreements 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 P-2 nonimmigrants. This memo supersedes the 3/17/93 “List of Reciprocal Exchange Programs” memo. more
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03/15/2010 | USCIS Q & A on Employment Authorization and Verification in the Commonwealth of the Northern Mariana Islands (CNMI) USCIS issued a list of questions and answers about employment authorization and verification in the Commonwealth of the Northern Marian Island (CNMI) under federal immigration law, particularly with respect to so-called "umbrella permits." more
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03/15/2010 | Visa Bulletin for April 2010 The Visa Bulletin for April 2010 has been posted on the DOS website. Section D provides background information on frequently misunderstood points including the applicability of INA §202(a)(5) and §202(e). more
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03/12/2010 | CA4 Finds BIA May Determine Non-Aggravated Felony is Particularly Serious Crime for Purposes of Asylum CA4 denied petition, finding that the BIA may determine that a non-aggravated felony is a particularly serious crime for purposes of asylum through the process of case-by-case adjudication. (Gao v. Holder, 2/23/10). more
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03/12/2010 | CA2 Finds INA §241(a)(5) Not Impermissibly Retroactive as Applied to Petitioner CA2 denied petition, finding that INA §241(a)(5) is not impermissibly retroactive as applied to petitioner, does not deprive him of due process, and forecloses him from applying for certain additional types of relief. (Herrera-Molina v. Holder, 3/3/10). more
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03/12/2010 | CA2 Remands Asylum Case Finding Errors in Consideration of Political Persecution Claim CA2 vacated and remanded, finding agency’s treatment of claim of political persecution based on petitioner’s reporting of official corruption to an international human rights organization was based on substantial errors. (Carranza-Fuentes v. Holder, 3/2/10). more
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03/12/2010 | CA2 Remands on Issue of “Government Acquiescence” Standard for Torture under CAT CA2 vacated BIA order, finding BIA committed error in its review of IJ’s factual findings and evidentiary record. The court remanded due to concerns with BIA’s treatment of the “government acquiescence” standard for torture under CAT (De La Rosa v. Holder, 2/25/10). more
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03/12/2010 | CA2 on “Continuous Physical Presence” and Cancellation of Removal Eligibility CA2 denied petition, finding for purposes of cancellation of removal eligibility, petitioner’s arrest and conviction for illegal entry and subsequent departure to Mexico interrupted period of “continuous physical presence.” (Ascencio-Rodriguez v. Holder, 2/17/10). more
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03/12/2010 | CA1 Affirms Denial Finding Petitioner Could No be “Grandfathered” Under INA §245(i) CA1 denied petition, finding petitioner ineligible for adjustment of status because he entered the U.S. illegally and could not be "grandfathered" under INA §245(i), 8 U.S.C. § 1255(i). (Castro-Soto v. Holder, 2/24/10). more
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03/12/2010 | President Obama Issues Statement on Meetings on Immigration Reform President Obama issued a statement on meetings with Senator Schumer, Senator Graham, and grassroots leaders on immigration reform. more
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03/12/2010 | EOIR Responds to TRAC Report on Backlogged Immigration Matters EOIR sent a letter to the TRAC in response to its report on backlogged immigration matters. The letter states that picture painted by TRAC fails to reflect the agency’s positive trajectory to increase the number of immigration judges by later this year. more
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03/12/2010 | ICE Releases List of Detainee Deaths from October 2003 – March 2010 ICE released on its FOIA Reading Room a list of detainees who died in ICE custody from October 2003 – March 2010. more
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03/11/2010 | USCIS Reminds Petitioners to Provide Approved Labor Condition Applications USCIS announced that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified Labor Condition Applications (LCAs). As of 3/10/10, USCIS will reject any H-1B petition filed without an LCA certified by more
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03/11/2010 | USCIS Reminds Chilean Nationals of Immigration Benefits Available In light of the recent natural catastrophes in Chile, USCIS reminds Chileans of U.S. immigration benefits available to eligible Chilean nationals upon request. more
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03/10/2010 | BIA on Family Violence Battery Conviction BIA remanded, finding respondent's family violence battery conviction is not aggravated felony crime of violence because term of imprisonment of at least 1 year was not imposed. Matter of Kim (BIA 2010). more
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03/10/2010 | CA9 on Burden to Show Conviction of a Disqualifying Controlled Substance Offense CA9 granted in part and remanded for further proceedings consistent with Sandoval-Lua to permit government to put forth reliable evidence to show petitioner was convicted of disqualifying controlled substance offense. (Esquivel-Garcia v. Holder, 1/28/10). more
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03/10/2010 | CA9 Holds Physical Removal of Petitioner by U.S. Does Not Preclude Motion to Reopen CA9 granted petition, finding that BIA cannot deem a motion to reopen or reissue withdrawn by operation of law when the government removes a petitioner before the BIA has ruled on the motion. (Coyt v. Holder, 1/20/10). more
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03/10/2010 | DOL H-2A Regulations Mailbox Open for Inquiries DOL reopened its H-2A Regulations mailbox for public inquiries. The interested public should direct general inquiries to the H-2A.Regulations@dol.gov mailbox. Case specific inquiries should be directed to the Chicago National Processing Center mailbox at TLC.Chicago@dol.gov. more
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03/10/2010 | Iraqi Refugees and Special Immigrant Visa Holders Face Challenges Resettling in the U.S. and Obtaining U.S. Government Employment GAO issued a report on Iraqi refugees and special immigrant visa holders. GAO analyzed data on Iraqi refugees and SIV holders in the United States, and laws and regulations on the benefits afforded to them. . more
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03/10/2010 | USCIS Invitation to Stakeholders on Information and Customer Service USCIS invites stakeholders to a session on 3/18/10 to share thoughts on current resources at the Call Centers and the Case Status Online tools that are available to USCIS Stakeholders. more
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03/09/2010 | DHS Announces Greece's Designation as Visa Waiver Program Member DHS announced the designation of Greece as a member of the Visa Waiver Program. Greek citizens will be required to apply for an Electronic System Travel Authorization through the Web-based system and will be able to visit the U.S. without visas in approximately 30 days. more
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03/09/2010 | CA9 Applies Modified Categorical on Conviction Relating to a Controlled Substance CA9 denied petition, finding conviction under Cal. Health & Safety Code § 11379(a), qualifies for removal, so long as substance involved is determined to have been controlled substance under the modified categorical approach. (Hernandez-Aguilar v. Holder, 1/12/10). more
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03/09/2010 | CA9 Finds IJ Denied Full and Fair Hearing in Removal Case CA9 granted petition and remanded with instructions to order a new hearing before the IJ, finding denial of continuance in conjunction with limitations placed on testimony prevented petitioner from full and fairly presenting case. (Rendon v. Holder, 12/2/09). more
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03/09/2010 | CA9 Finds Immigration Court Erred by Failure to Serve Counsel of Record with Hearing Notice CA9 reversed BIA decision that adopted IJ’s in absentia removal order and granted petition, finding that the immigration court erred because it did not serve petitioner's counsel of record with a hearing notice. (Hamazaspyan v. Holder, 12/21/09). more
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03/09/2010 | CA9 Finds State Offense for “Unlawful Sexual Intercourse with a Minor” Not Aggravated Felony CA9 held that the offense of “unlawful sexual intercourse with a minor” under California Penal Code does not meet the definition of “aggravated felony” in 8 U.S.C. § 1101(a)(43)(A), which includes “sexual abuse of a minor.” (Pelayo-Garcia v. Holder, 12/14/09). more
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03/09/2010 | CA9 on Corroboration under the REAL ID Act in Asylum Case CA9 denied petition, finding that the BIA properly required corroboration of petitioner's testimony under the REAL ID Act. (Aden v. Holder, 12/8/09). more
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03/09/2010 | CA9 Finds IJ Denied Full and Fair Hearing in Removal Case CA9 granted petition and remanded with instructions to order a new hearing before the IJ, finding denial of continuance in conjunction with limitations placed on testimony prevented petitioner from full and fairly presenting case. (Rendon v. Holder, 12/2/09). more
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03/09/2010 | ICE Removals and Returns by Country as of February 22, 2010 ICE released on its FOIA Electronic Reading Room a spreadsheet of removals and returns by country as of 2/22/10. more
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03/09/2010 | USCIS to Accept H-1B Petitions for FY 2011 Beginning April 1, 2010 USCIS announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. more
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03/09/2010 | USCIS Meeting Notes: Collaboration Session on the Unauthorized Practice of Law USCIS issued meeting notes from the collaboration session on the unauthorized practice of law. The notes include the scope of the problem and stakeholder suggestions. more
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03/08/2010 | USCIS Invitation to Stakeholder Meeting with Director Mayorkas ) USCIS invites stakeholders to a meeting with Director Alejandro Mayorkas on 3/17/10. more
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03/08/2010 | CA1 on Immigration Status Inquiry During Traffic Stop CA1 found officer entitled to qualified immunity for any possible constitutional violations that he may have committed in asking the van's passengers questions about their immigration status and in contacting ICE. (Estrada v. State of Rhode Island, 2/4/10). more
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03/08/2010 | CA8 Finds Corroborated Confession Sufficient Evidence to Support Illegal Reentry Conviction CA8 affirmed defendant's conviction for illegal reentry, finding defendant's corroborated confession was sufficient evidence to support the jury verdict. (United States v. Fajardo-Fajardo, 2/12/10). more
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03/08/2010 | CA8 Finds Unlawful Use of SSN Constitutes Crime Involving Moral Turpitude CA8 denied petition, finding that conviction for unlawfully using social security number under 42 U.S.C. § 408(a)(7)(A) constituted crime involving moral turpitude.(Lateef v. Dep’t of Homeland Security, 1/29/10). more
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03/08/2010 | ICE Detainee Dies at Los Angeles-area Hospital ICE announced that a person being held pending immigration removal proceedings died on 3/5/10 at Kindred Rehabilitation Hospital in Los Angeles following complications from a brain tumor. more
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03/08/2010 | CA10 on Federal Preemption of State Employer Sanctions and Verification Law CA10 held federal preempted state law sections imposing sanctions for employing unauthorized aliens and requiring verification of independent contractors. E-Verify requirement not preempted. (Chamber of Commerce of the United States of America v. Edmondson, 2/2/10). more
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03/08/2010 | CA8 on CAT Specific Intent Requirement CA8 denied petition, finding that Convention Against Torture’s specific intent element cannot be satisfied by a showing that severe physical or mental pain or suffering is merely the foreseeable consequence of a deliberate action. (Cherichel v. Holder, 1/12/10). more
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03/08/2010 | CA8 Finds State Conviction for Making Terroristic Threats Constitutes Aggravated Felony CA8 denied petition finding petitioner's conviction under Minnesota law for making terroristic threats constituted an aggravated felony because it involved a crime of violence. (Olmsted v. Holder, 12/4/09). more
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03/05/2010 | DOS Issues Travel Warning for Eritrea DOS announced in a travel warning that the consular section of the Embassy in Asmara, Eritrea is open only for emergency American citizen services. more
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03/05/2010 | BALCA Affirms Denial Where Employer Listed Regional Office at ETA Rather Than CO at NPC AddressBALCA en banc affirmed the CO’s denial, finding employer listing of the address of the regional office at ETA rather than CO at NPC was not harmless error. AILA filed an amicus brief in this case. Matter of Hawai’i Pacific University, 2009-PER-00127 (3/2/10). more
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03/04/2010 | On Rehearing CA9 Rules USCIS Unlawfully Imposed Arbitrary Requirements for EB-1 On rehearing, the 9CA adopted the arguments of the American Immigration Council’s Legal Action Center, holding that the USCIS unlawfully imposed extra-regulatory requirements on a petition for a worker of "extraordinary ability." (EB-1) (Kazarian v. USCIS, 3/4/10). more
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03/04/2010 | CA9 Remands Finding Suspended Non-incarceratory Sanction Not “Conviction” CA9 remanded finding definition of "conviction" 8 U.S.C. §1101(a)(48) does not include criminal judgments whose only consequence is a suspended non-incarceratory sanction. Therefore, petitioner has not been shown to be subject to removal. (Retuta v. Holder, 01/7/10). more
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03/04/2010 | CA9 Finds Material Witnesses for Government Do Not Constitute Protected Social Group ) CA9 denied application for asylum, withholding of removal and relief under CAT, finding that material witnesses for the government do not constitute a protected social group (Velasco-Cervantes v. Holder, 01/27/10). more
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03/04/2010 | CA9 Finds Failure to Consider Country Conditions Constitutes Reversible Error in CAT Case CA9 granted petition as to CAT relief application and remanded finding failure to consider evidence of country conditions constitutes reversible error and IJ and BIA erred by construing “government acquiescence” too narrowly. (Aguilar-Ramos v. Holder, 02/4/10) more
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03/04/2010 | CA9 Remands for Determination on Additional Types of Evidence under Nijhawan Standard CA9 upheld removal order for Akio Kawashima and remanded with respect to Fusako Kawashima for BIA to determine what additional types of evidence may be considered in light of Supreme Court’s holding in Nijhawan v. Holder. (Kawashima v. Holder, 01/17/10). more
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03/04/2010 | DOS Briefing on Proposed Passport Fee Increases and Passport Day DOS briefed the public on the proposed passport fee increases and the expansion of its domestic passport network. On 3/27/10, designated as Passport Day, all regional DOS passport agencies will open to the public for extended Saturday hours.more
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03/03/2010 | ICE Serves 180 Audit Notices to Businesses in 5 States ICE announced issuance of Notices of Inspection (NOIs) to 180 businesses in Louisiana, Mississippi, Alabama, Arkansas and Tennessee. The notices alert business owners that ICE will inspect their records to determine if they are complying with employment verification laws. more
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03/03/2010 | BALCA Affirms Denial Finding Requirement in Ad Less Favorable Than ETA 9089 BALCA affirmed the CO’s denial, finding employer’s advertisements listing requirement of background check were less favorable than conditions listed in the ETA 9089, which did not list the requirement. Matter of Noll Pallet & Lumber Co., 2009-PER-00082 (12/16/09). more
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03/03/2010 | BALCA Affirms Denial Finding Failure to Post Job Order for 30-Day Period BALCA affirmed the CO’s denial, finding employer did not place job order with SWA serving area of intended employment for a period of 30 days. Lam Garden Chinese Restaurant cited in footnote 4. Matter of Monir Attar, Inc, Inc. 2009-PER-00236 (12/17/09). more
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03/03/2010 | BALCA Affirms Denial Finding Business Necessity for Language Requirement Not Established BALCA affirmed the CO’s denial, finding that the business necessity for a foreign language requirement was not established for the position of a truck driver delivering to Mexico. Matter of UMC Logistics Inc., 2009-PER-00188 more
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03/02/2010 | BALCA Affirms Denial Where Wage on Job Order Lower Than Prevailing Wage BALCA affirmed the CO’s denial, where the low end of the wage range stated in the State Workforce Agency (SWA) job order was below the prevailing wage determination. Matter of Marcel Cleaners Inc., 2009-PER-00395 (02/16/10). more
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03/02/2010 | AAO Processing Times 3/1/10 The AAO released processing time as of March 3, 2010. more
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03/02/2010 | USCIS Holds Citizenship Ceremony at Justice Department USCIS welcomed 50 new citizens at a special citizenship ceremony at the Department of Justice. In FY 2009, the U.S. welcomed 744,000 people as citizens. The news release includes citizenship statistics. more
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03/01/2010 | USCIS Invitation to External Data Interface Standards (EDIS) Collaboration Session USCIS invites stakeholders to a collaboration session on External Data Interface Standards (EDIS) on 3/22/10. more
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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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Information provided courtesy from AILA's InfoNet (www.aila.org). Copyright © 1993-2007, American Immigration Lawyers Association.
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The information contained in this web page is intended strictly to be used for information purposes and to educate the public in a general manner. The information contained in this page should not be considered legal advice, legal consultation, expressed or implied representation or a formal or an informal retention of this office. To create a formal attorney-client relationship a retainer must be signed and a fee must be paid to this office. Our response to any of your questions, comments, concerns etc. does not establish an attorney-client relationship. By responding to your questions we do not consider ourselves your attorneys. The response to your questions is strictly informational in nature and should not be considered or used as legal advice in any manner. The information contained on this site is general information on immigration laws and issues. The general information that is included in this web page will not cover the various exceptions and loopholes that are prevalent in the Immigration laws. We hope that our web page will educate you and hopefully enhance your understanding of Immigration laws.
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