Immigration Law

    • 1 May 2013

    2014 Diversity Visa Lottery Results Now Available

    "From: Team [] Sent: Wednesday, May 01, 2013 12:02 PM Subject: 2014 Diversity Visa Lottery Results Are Now Available If you applied for the 2014 Diversity Visa lottery, you can now check your status online . You may receive an e-mail from the U.S. government that reminds you to check your status through the DV Entrant Status Check , but the government...
    • 22 Nov 2013

    USCIS Message: Update on the processing times of Form I-130s filed by U.S. citizens for their eligible immediate relatives

    USCIS E-Mail to Stakeholders: " From: U.S. Citizenship and Immigration Services [mailto: ] Sent: Wednesday, November 20, 2013 3:38 PM Subject: USCIS Message: Update on the processing times of Form I-130s filed by U.S. citizens for their eligible immediate relatives Dear Stakeholder, U.S. Citizenship and Immigration Services (USCIS) has received communications from the public expressing...
    • 29 May 2014

    The BIA's Adam Walsh Act Trilogy: Because We Can

    "In a deportation nation , there are never enough people to deport. Four million people deported since the Department of Homeland Security (DHS) was organized, yet the DHS still craves even more human beings to feed the machine. Not content with deporting people for their own status violations, traffic violations, or crimes, last week the DHS got the Board of Immigration Appeals (BIA) to ratify the startling power...
    • 17 Apr 2014

    ICE Detainer = 4th Amendment Violation: Miranda-Olivares v. Clackamas County

    "A federal magistrate judge in Oregon concluded that county officials violated a woman’s Fourth Amendment rights when they kept her in custody solely on the basis of an immigration detainer. Miranda-Olivares v. Clackamas County , No. 3:12-cv-02317-ST, slip op. (D. Or. April 11, 2014) (Stewart, Magistrate Judge). This case involved a woman who was arrested for violating a restraining order. Though county...
    • 17 Feb 2012

    CBP Inspector's Field Manual Online

    CBP has put a redacted version of the Inspector's Field Manual online. You can see it in 11 parts on the CBP site, here , or in one large (7.2 MB) PDF, here .
    • 29 Jan 2013

    Reminder: New Additional $165 USCIS Immigrant Fee Takes Effect on Feb. 1

    "Starting Friday, Feb. 1, those who receive an immigrant visa package from a U.S. consulate or embassy abroad will be required to pay a new $165 immigrant fee. We are aware of the effect that any new fee has on the communities we serve. However, the fee is necessary to cover the costs of producing and delivering permanent resident cards. Important Points to Remember Starting on Feb. 1, 2013, applicants...
    • 28 Sep 2013

    Asylum Applicant with Administratively Closed Case Entitled to EAD: AAO

    "The joint request administratively closing the asylum request appears to make the asylum application remain "undecided" within the meaning of 8 C.F.R. § 274a.12(c)(8) because the IJ has made an interlocutory or non-final order rather than dismissing the case. The AAO agrees with the director that even though the asylum claim may remain administratively closed for an unknown indefinite period of time...
    • 3 Dec 2013

    List of Scholarships for Undocumented Students

    "2013-2014 SCHOLARSHIP LIST AND GUIDE This carefully researched list contains 52 pages of up-to-date information about scholarships available for immigrant students that don't have U.S. citizenship or legal permanent residency as well as advice and tips for writing winning scholarship applications. What's New This Year: Over 30 new scholarships Scholarships now divided between Bay Area/California...
    • 30 Jun 2016

    DC Circ. on FOIA: Bayala v. DHS

    Bayala v. DHS, June 28, 2016 - "Florent Bayala filed a Freedom of Information Act (“FOIA”) lawsuit when the Department of Homeland Security failed to disclose many of the immigration documents he had requested and gave no particularized explanation for its withholding decision. Shortly after Bayala filed suit, however, the Department reversed course and spontaneously released a number of previously withheld...
    • 2 Mar 2016

    USCIS Updates Poverty Guidelines, I-864P (March 1, 2016)

    USCIS, Mar. 1, 2016 - "This form is used to determine the minimum income requirement needed to sponsor most family-based immigrants and some employment-based immigrants to show that they have adequate means of financial support and are not likely to rely on the U.S. government for financial support. ... Previous editions should not be used."
    • 29 Nov 2016

    DoD MAVNI Memos (Sept. 2016)

    Two Sept. 30, 2016 Department of Defense memos regarding the MAVNI program have surfaced, here and here .
    • 1 Apr 2014

    USCIS Message: Updates to Processing of Form I-730, Refugee/Asylee Relative Petition

    E-Mail to Stakeholders: " Dear Stakeholder, To enhance customer service and bolster program integrity, U.S. Citizenship and Immigration Services (USCIS) is improving the way it processes Form I-730< >, Refugee/Asylee Relative Petition. In a phased approach, USCIS will begin transferring responsibility for approving Form I-730 petitions from USCIS Service Centers to USCIS international...
    • 5 Dec 2011

    Unpub. BIA victory: T1D entrant can adjust under 245(a) with 212(h) waiver

    "The record reflects that the respondent was admitted into the United States as a T1 D entrant, pertaining to legalization applicants denied temporary resident status (Respondent's Brief, Tab 5). Inasmuch as admission under that provision is a lawful admission, the respondent is not precluded from adjusting his status under section 245(a) of the Act, as an entrant into the United States having not been admitted...
    • 11 Sep 2017

    FAM Change Scraps 30/60-Day Rule (CT:VISA-60, Oct. 17, 2017)

    New 9 FAM 302.9-4(B)(3) (U) Interpretation of the Term Misrepresentation [as of Oct. 17, 2017] ... "g . (U) Activities that Indicate Violation of Status or Conduct Inconsistent with Status (1) (U) In General: (a) (U) In determining whether a misrepresentation has been made, some of the most difficult questions arise from cases involving aliens in the United States who conduct themselves in a manner inconsistent...
    • 5 Jan 2016

    Unpub. BIA Asylum Victory Extends Matter of A-R-C-G-

    Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "[ Linked here ] is a redacted version of a recent [18 Dec 2015] BIA asylum victory that my colleague Sital Kalantry and two Cornell law students litigated. The case involves a woman from El Salvador who was abused by her former domestic partner. She claimed membership in the particular social group of women in El Salvador...
    • 7 Feb 2014

    New BIA Precedent Decisions on Social Group, Social Visibility

    Both on Feb. 7, 2014: Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) - (1) In order to clarify that the “social visibility” element required to establish a cognizable “particular social group” does not mean literal or “ocular” visibility, that element is renamed as “social distinction.” Matter of E-A-G-, 24 I&N Dec. 591 (BIA 2008); Matter of S-E-G-, 24 I&N Dec...
    • 3 Oct 2012

    President Obama Signs 3-Year Conrad 30 Program Extension for Foreign National Physicians as J-1 Waiver Filing Season Opens October 1 in Many States

    By: Sarah J. Baker, Esq. Each year, the H-1B "season," which commences when U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa petitions on April 1 for an October 1 employment start date, receives significant attention. However, there is another much less publicized, yet vitally important, immigration season that also deserves special mention: the Conrad 30 J-1 waiver program season...
    • 11 Apr 2014

    Another INA Sec. 212(f) Travel Ban: Certain Persons from South Sudan

    "By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 212(f) of the Immigration and Nationality Act of 1952 (8 U.S.C. 1182(f)), and section 301 of title 3, United States Code, I, BARACK OBAMA, President...
    • 27 Mar 2012

    Cyrus Mehta on Residential Finance Corp. v. USCIS

    "In Residential Finance Corporation v. USCIS , 2012 U.S. Dist. LEXIS 32220, decided on March 12, 2012, Judge Gregory L. Frost of the U.S. District Court for the Southern District of Ohio (Eastern Division) chided U.S. Citizenship and Immigration Services (USCIS) for denying an H-1B petition to a market research analyst with a bachelor's degree in closely related fields." - Cyrus Mehta, Mar. 26...
    • 20 May 2017

    Tiwari v. Mattis Update (May 19, 2017)

    New pleadings filed in Tiwari v. Mattis on May 18-19, 2017 here . Hats off to Margaret Stock , Neil O'Donnell and Joe Shaeffer .
    • 27 Mar 2012

    EB2 India and China Visa Retrogression Likely in May

    "In a March 22, 2012 meeting with Charlie Oppenheim, the Department of State Visa Chief informed Mr. Ware that visa retrogression in the Employment-Based 2nd preference category for nationals of India and China is likely in May. Mr. Oppenheim now predicts that EB2 India and China priority dates will retrogress to 8/15/2007 for the May Visa Bulletin. This is a significant change from Mr. Oppenheim’s...
    • 10 Sep 2012

    Arlington, VA Immigration Court Relocates

    " The Executive Office for Immigration Review today announced it will close its Arlington Immigration Court at noon on Sept. 12, 2012, to prepare for relocation. The Arlington Immigration Court will recommence hearings at the new location on Sept. 18, 2012. Contact information for the new location is as follows: LOCATION: 1901 South Bell Street, Suite 200 Arlington, Va. 22202 HOURS OF OPERATION: 8:30 a.m...
    • 9 May 2016

    Retrogressions in June 2016 Visa Bulletin

    DOS, May 6, 2016 - "RETROGRESSION OF SEVERAL FAMILY-SPONSORED AND EMPLOYMENT-BASED FINAL ACTION DATES FOR THE MONTH OF JUNE FAMILY-SPONSORED: CHINA F4: The increased level of applicant demand being received has necessitated retrogression of the June final action date, in an effort to hold number use within the overall China Family-sponsored annual limit. At this time, it is not possible to predict whether this...
    • 7 Oct 2011

    Bender Immigration Bulletin - Daily Edition: Roger That, Message Received

    To all loyal Bender Immigration Bulletin Daily Edition Subscribers: We appreciate the constructive feedback that you've provided this week regarding the new site and the new e-mail alert format, and we want to let you know that we have heard you loud and clear. We appreciate your loyalty to the BIBDE and we want to continue to provide you with the valuable information upon which you have come to rely. In integrating...