In Matter of Jesus INTERIANO-ROSA, 25 I&N Dec. 264 (BIA 2010), the Board of Immigration Appeals held that “When an application for relief is timely filed but supporting documents are not submitted within the time established, the Immigration Judge may deem the opportunity to file the documents to be waived but may not deem the application itself abandoned.”
On January 2010 USCIS issued a memo (commonly referred to as the Neufeld H-1B memo -click to read it) adding requirements for H-1B petitions that are not permitted by H-1B regulations. Now employers are prohibited from placing H-1B workers at client worksites in many situations and many employer-owned businesses cannot file H-1B petitions. The memo and its effect on H-1B adjudications has been problematic for many employers […]
In Matter of CASTILLO-PADILLA, 25 I&N Dec. 257 (BIA 2010), the Board of Immigration Appeals held: “(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who was released from custody on […]
USCIS released a proposed rule to increase Immigration Fees. To view the Federal Register publication, click here.
The U.S. Department of State released the Visa Bulletin for July 2010. To view, click here Ricky Malik Attorney at Law www.rmlegal.com
The Supreme Court stated its June 14, 2010 decision in Carachuri-Rosendo v. Holder that “Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when … the state conviction is not based on the fact of a prior conviction.” “[O]nly recidivist simple possession offenses are “punishable” as a federal “felony” under the Controlled Substances Act, 18 U. S. C. §924(c)(2)” Citing its earlier decision, the […]
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The Executive Office for Immigration Review (EOIR) announced on May 20, 2010 that it has improved the transparency of its system for addressing complaints about immigration judges. For more about the complaint process or how to file a complaint, visit the EOIR website or click here.
If a non-citizen is married to a U.S. Citizen for less than 2 years at the time of the Immigration (Green Card) interview, the foreign national is granted Conditional Permanent Resident Status (CPR). After two years, the CPR must file a petition to remove the conditions on form I-751 with USCIS. This application is to be filed jointly, by both husband and wife or the foreign national […]
Temporary Protected Status is a humanitarian benefit provided by the Department of Homeland Security to nationals and citizens of a foreign country due to conditions in the country that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. Immigration recently granted and continues to […]
