EOIR, June 5, 2023
" EXECUTIVE OFFICE FOR IMMIGRATION REVIEW (EOIR)
OFFICE OF POLICY
5107 LEESBURG PIKE
FALLS CHURCH , VA 22041
Cyrus D. Mehta, Kaitlyn Box, June 5, 2023
"The new ETA 9089 form has gone into effect and DOL stopped using the old version of the form on the evening of May 31, 2023. The new form does not have...
Cyrus Mehta, May 29, 2023
"I write this blog in fond memory of Mark Von Sternberg who passed away on May 16, 2023. Mark was a brilliant lawyer, scholar and writer who worked very hard on behalf...
Portillo v. DHS
"Gerardo A. Portillo petitions for review of a decision of the Board of Immigration Appeals ("BIA") affirming his order of removal and denying his application for adjustment...
State Department, May 30, 2023
"Document Submission to KCC suspended for DV-2024 and onward.
Effective for the Diversity Visa (DV) program for fiscal year 2024 (DV-2024) and onward, selectees...
By letters to Senate Majority Leader Harry Reid, DHS and DOS state they will amend the AFM and the FAM to reflect the following position:
(1) Only a knowingly false claim can support a charge that an individual is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act. The individual claiming not to know that the claim to citizenship was false has the burden of establishing this affirmative defense by the appropriate standard of proof (for applicants for admission or adjustment, "clearly and beyond doubt").
(2) A separate affirmative defense is that the individual was (a) under the age of 18 at the time of the false citizenship claim; and (b) at that time lacked the capacity to understand and appreciate the nature and consequences of a false claim to citizenship. The individual must establish this claim by the appropriate standard of proof (for applicants for admission or adjustment, "clearly and beyond doubt").