LexisNexis® Legal Newsroom
New Jersey with Yellow stick figure waving

AAO I-212 Waiver Victory - Houston

"The record ... reflects that the applicant has expressed remorse for her actions and that she has paid taxes on her earnings as a nanny while in the United States. In addition, the applicant submits statements from friends and family describing her good character. The unfavorable factors in this...

CA10 on Choice of Law, 212(h): Medina-Rosales v. Holder

"Mr. Medina-Rosales was issued a Notice of Hearing stating that a master hearing would be held before an IJ in Tulsa. The Dallas-based IJ indeed held video conference hearings with Mr. Medina-Rosales and his counsel, who were in Tulsa. ... The IJ’s presence in Dallas and the fact that proceedings...

Pro Bono AAO Hardship 212(i) Waiver Victory; FGM; Cote d'Ivoire

Hats off to Cyrus D. Mehta for this pro bono publico victory: "Here we find that the record establishes that the applicant's spouse will suffer extreme hardship as a consequence of being separated from the applicant. The record shows that the spouse works extensive hours and would likely...

Pennsylvania: Waiver of Future Subrogation Rights Must Be Clear and Explicit

Where the employer joined into a third-party settlement agreement that stated the employer agreed to a payment of a sum certain “in full satisfaction of the defendant/employer’s (and its workers’ compensation insurance carrier’s) right to subrogate against the third party settlement...

Wow! A Mechanic’s Lien Bill That Helps Subcontractors and Suppliers

You know how I’ve stated on many occasions that the contract is king here in Virginia? You know how that included contractual provisions waiving mechanic’s lien rights for subcontractors and suppliers? You know how I thought that the General Assembly would not do anything to make mechanic’s...

Federal Court Litigation Triggers I-612 Hardship Waiver Victory: Fabry v. Kerry

Filing of lawsuit by Hake & Schmitt induces State Department Waiver Review Division to issue favorable recommendation in de novo filing in an I-612 hardship waiver case "The State Department Waiver Review Division (WRD) issued a not favorable recommendation on an I-612 hardship waiver application...

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour

Official Headnote : Adjustment of status constitutes an “admission” for purposes of determining an alien’s eligibility to apply for a waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012). Matter of Connelly , 19 I&N Dec....

Legislative Update: Bill Introduced in the Pennsylvania House of Representatives to Amend the Contractor and Subcontractor Payment Act

By Jim Miller House Bill 726 (the “Bill” or “HB 726”), [ enhanced version available to lexis.com subscribers ], seeks to make several amendments to the Pennsylvania Contractor and Subcontractor Payment Act, 73 P.S. § 501 et seq. (the “Act”), [ enhanced version...

Update Relating to SB891 and Bond Claim Waivers

Several bills were passed and will go into effect on July 1, 2015 that affect the construction industry here in Virginia. The most interesting of these was an amendment to the mechanic’s lien statutes relating to waivers of lien rights. As I posted in March , SB891, [ enhanced version available...

Submitting Your Defense Bills to Insurers Could Mean Waiving Privilege

By Erica Villanueva Recently, the California Court of Appeal decided County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [ enhanced version available to lexis.com subscribers ], a case considering whether the Los Angeles County Sheriff's Department...

DHS Proposed Rule: Expansion of Provisional Unlawful Presence Waivers of Inadmissibility

The following is the text of the proposed rule that the Secretary signed on July 14, 2015, and that the Department has sent to the Federal Register for publication. The Federal Register will publish the official version of this document. - "The Department of Homeland Security (DHS) proposes to expand...

New York: Claimant Entitled to Approval Nunc Pro Tunc Where Inactivity on Part of Insurer Lulled Claimant Into Believing Carrier’s Lien Had Been Waived

Where an injured worker settled a third-party action against an alleged tortfeasor for $800,000, with the workers’ compensation insurer having previously paid some $71,000 in benefits, the worker was entitled to an order approving a settlement of the tort claim nunc pro tunc under N.Y. Workers’...

Why Failure To Read Policy Hurts Both Insured and Insurer – Per Claim Deductible Defeats Cover for Bad Faith Suit

It sees to me that no one reads an insurance policy until a claim is made. Even insurers fail to read or apply the terms and conditions of the policy to the facts of a loss. In Western Heritage Ins. Co. v. Asphalt Wizards , — F.3d —-, 2015 U.S. App. LEXIS 13263 (C.A.8 (Mo.) 7/30/2015), [subscribers...

AAO I-601 Extreme Hardship Victory (Mexico; Detroit)

Hats off to Michael Carlin for this Aug. 24, 2015 AAO victory!

Prospective Waiver of Lien Rights by Subcontractors & Suppliers

By Jay Rixey , Associate, Vandeventer Black LLP Earlier this year, the General Assembly enacted legislation amending Virginia Code § 43-3, [subscribers can access an enhanced version of this statute: lexis.com | Lexis Advance ], providing that a subcontractor, lower-tier subcontractor, or...

California Supreme Court Will Review Appellate Decision Holding That Attorney Bills Are Privileged

In June, I blogged about County of Los Angeles Board of Supervisors v. Superior Court , 235 Cal. App. 4th 1154 (2015), [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ]. In that case, the California Court of Appeal (Second Appellate District) concluded that legal...

Mississippi: General Contractor Waives Exclusive Remedy Defense by Waiting 26 Months Before Filing Summary Judgment Motion

The Supreme Court of Mississippi held that a general contractor waived its right to utilize the exclusive remedy defense where it was sued by the survivors of a worker employed by a subcontractor and for 26 months, it actively participated in litigating the merits of the case by joining various motions...

Advance Copy of DOS Final Rule: Visa Interview Waiver Authority

This document is scheduled to be published in the Federal Register on 11/10/2015 - "This rule is promulgated to clarify the circumstances in which a consular officer and the Deputy Assistant Secretary for Visa Services may waive the requirement for a nonimmigrant visa interview."

California: Rules for Hearing Representatives

It is common in the workers’ comp world for non-attorney representatives to perform a multitude of legal tasks, such as preparing documents, researching issues and communicating with clients. These non-attorney employees are often referred to as “hearing representatives.” They perform...

Have Yourself a Merry Little Waiver: Referral of Medical Treatment for UR Concedes Causation in Delaware

It is very fitting to feature a case involving UPS this time of year. I stumbled upon Paul Schneider v United Parcel Service , IAB#1283119 (12/1/15) and what makes this case a bit of a “re-gifting” is that it contains what most would think is a well-known and well established proposition...

Parallel Proposed Rules from DOS, CBP re Waiver of Passport, Visa Requirments

Federal Register / Vol. 81, No. 45 / Tuesday, March 8, 2016 - "This rule proposes to reinstate a 1996 amendment to a regulation in title 8 of the Code of Federal Regulations regarding a discretionary waiver of certain documentary requirements for nonimmigrants seeking admission to the United States...

NIJC Practice Advisory: The U Visa Inadmissibility Waiver After L.D.G. v. Holder

NIJC, Jan. 2016 - "Until recently, U visa applicants in removal proceedings who were subject to one or more grounds of inadmissibility relied on U.S. Citizenship and Immigration Services (USCIS) alone to determine whether those inadmissibility grounds would be waived. When USCIS denied a waiver...

Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016)

USCIS, Mar. 9, 2016 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of H-V-P- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies to and binds all USCIS employees. USCIS personnel...

Do You Know When Your Fee Petition Is Due? The Rocky Road Untimely Attorney’s Fee Petitions Travel

William Dorsey, Administrative Law Judge [fn1], Scott Hardy, Attorney Advisor, OALJ San Francisco A ttorney’s fees and costs often are available under the Longshore and Harbor Workers’ Compensation Act (33 U.S.C.S. § 901 et seq.) to lawyers who successfully represent a “person...