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On June 21, 2010 U.S. Immigration & Customs Enforcement announced that it has activated its  “Secure Communities” initiative in all of Virginia.  In its press release ICE stated: “This biometric information sharing strategy enables ICE to identify any alien booked into local law enforcement’s custody for a crime. This capability is part of ICE’s comprehensive strategy to improve and modernize the […]

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.