United States Citizenship & Immigration Services (USCIS) released the following Q& A guidance. USCIS – Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21)
The Board of Immigration Appeals (BIA) stated in Matter of Eslamizar, 23 I&N Dec. 684 (BIA 2004) “It is a bedrock principle of the Constitution of the United States that each element of an offense or crime must be proved beyond a reasonable doubt. E.g., Apprendi v. New Jersey, 530 U.S. 466 (2000); In re Winship, 397 U.S. 358 (1970). It is beyond debate, therefore, that […]
Many people are placed in removal proceedings but are waiting for adjudication of a petition or an adjudication from United States Citizenship and Immigration Services (USCIS) or simply for a family or employment based priority date to become current. At times Immigration Judges become impatient and order people removed or goad them into taking voluntary departure. Remember the Board of […]
The Board of Immigration Appeals (BIA) in Matter of GUEVARA ALFARO, 25 I&N Dec. 417 (BIA 2011) held: (1) Any intentional sexual conduct by an adult with a child involves moral turpitude, as long as the perpetrator knew or should have known that the victim was under the age of 16. Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008), followed. Quintero-Salazar […]
United States Citizenship & Immigration Services (USCIS) issued an interim memo (in effect now) to address scenarios when a foreign national is in removal (deportation ) proceedings before the Immigration Courts (part of the Department of Justice’s Executive Office for Immigration Review) but an application for a benefit is pending before USCIS (part of the Department of Homeland Security). Those Immigration Court litigators […]
It sounds like a mouthful. One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the Office of Immigration Litigation (OIL). Periodically, OIL publishes their Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was […]
United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked: “If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer […]
U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents. The card looks similar to the current Employment Authorization […]
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The Board of Immigration Appeals held in Matter of Nelson 25 I&N Dec. 410 (BIA 2011): “Once an alien has been convicted of an offense that stops the accrual of the 7-year period of continuous residence required for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2006), section 240A(d)(1) of the Act does […]
