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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...

New Jersey: Employment Contract Clause Limiting Statute of Limitations Is Ineffective Against Employee

In a case of first impression, the Supreme Court of New Jersey, reversing a decision by the Superior Court, Appellate Division, held that a clause in an employer’s job application form that required any claim or lawsuit against the employer to be filed no more than six months after the date of...

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

Federal Register / Vol. 81, No. 146 / Friday, July 29, 2016 - "This final rule, consistent with the Immigration and Nationality Act (INA), expands the class of individuals who may be eligible for a provisional waiver of certain grounds of inadmissibility based on the accrual of unlawful presence...

USCIS Stakeholder Teleconference: Expanded Eligibility for Provisional Unlawful Presence Waiver Process, Sept. 20, 2016

"Dear Stakeholder, U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Tuesday, Sept. 20 from 2 – 3:30 p.m. (Eastern) to discuss the final rule expanding eligibility for the provisional unlawful presence waiver process. The...

Matter of Khan, 26 I&N Dec. 797 (BIA 2016)

Matter of Khan, 26 I&N Dec. 797 (BIA 2016) - Immigration Judges do not have authority to adjudicate a request for a waiver of inadmissibility under section 212(d)(3)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(d)(3)(A)(ii) (2012), by a petitioner for U nonimmigrant status...

California Democratic Congressional Delegation Urges Approval of State Waiver to Allow Undocumented Immigrants to Buy Into Obamacare

California State Senator Ricardo Lara (D-Bell Gardens), Sept. 14, 2016 - "The California Congressional Delegation released a letter today calling on the Obama Administration to approve a waiver that would allow undocumented immigrants to purchase unsubsidized health insurance through Covered California...

Lawsuit Filed Against CSC to Halt RFE Crisis in I-612 Hardship, Persecution Waivers - Schmitt v. Johnson

Brian Schmitt, Oct. 18, 2016 - "From April 29, 2016 to present, Hake & Schmitt has received 10 hostile and abusive Requests for Evidence (RFEs) in I-612 hardship and persecution waiver applications. All 10 of the RFEs violated USCIS policy on the issuance of RFEs. The RFEs asked irrelevant and...

Matter of Tima, 26 I&N Dec. 839 (BIA 2016)

Matter of Tima, 26 I&N Dec. 839 (BIA 2016) - A fraud waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012), cannot waive an alien’s removability under section 237(a)(2)(A)(i) for having been convicted of a crime involving moral turpitude...

AAO on Waivers, Reinstatement, U Visas: Matter of A-L- (Jan. 12, 2017)

Gail Pendleton writes: "Heartfelt thanks to Rekha Sharma-Crawford for pursuing this case to the AAO, vindicating our long-posited argument that a 212(a)(9)(C) waiver eliminates the underlying predicate for 241(a)(5)."

DHS Waives Environmental Regulations for Border Wall Construction

Federal Register / Vol. 82, No. 147 / Wednesday, August 2, 2017 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the...

DOS, DHS Issue Final Rules on Waiver of Visa, Passport for NIVs

Federal Register / Vol. 82, No. 170 / Tuesday, September 5, 2017 - "This final rule clarifies procedures for waiver of documentary requirements due to an unforeseen emergency for nonimmigrants seeking admission to the United States. DATES: This rule is effective on October 5, 2017." Federal...

Advance Copy of DHS Notice re Fencing, Roads near Calexico Border

This document is scheduled to be published in the Federal Register on 09/12/2017 - Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary...

CA9 on Departure as Waiver of Right to Appeal: Chavez-Garcia v. Sessions

Chavez-Garcia v. Sessions - "We grant ChavezGarcia’s petition for review because his departure from the United States, without more, does not provide clear and convincing evidence of a “considered” and “intelligent” waiver of the right to appeal." [Hats off...

CA7 on IJ Waiver Authority: Baez-Sanchez v. Sessions

Baez-Sanchez v. Sessions, Oct. 6, 2017 - "This proceeding begins where L.D.G. v. Holder, 744 F.3d 1022 (7th Cir. 2014), ends. ... The BIA in Khan did not identify any provision that subtracts from the delegation in §1003.10(a). Nor did the Third Circuit in Sunday. Indeed, neither the BIA nor...

Immigration Attorney of the Week: Brennan Gian-Grasso

Samantha Schmidt, WaPo, Oct. 12, 2017 - "For nearly 11 months, Javier Flores Garcia’s world fit inside the basement of a Philadelphia church. The Mexican father of three spent 24 hours a day within the church’s walls, unable to support his family and only occasionally receiving visits...

BIA on 212(h) - Matter of Vella, 27 I&N Dec. 138 (BIA 2017)

Matter of Vella, 27 I&N Dec. 138 (BIA 2017) - An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, 8 U.S.C. § 1182(h) (2012), if he or she was...

CA7 on Fraud Waiver: Acquaah v. Sessions

Acquaah v. Sessions, Nov. 6, 2017 - "The Board erred when it treated the absence of a specific fraud charge as dispositive over the availability of a fraud waiver under § 1227(a)(1)(H). It should have considered whether the charge sustained against Mr. Acquaah — termination of conditional...

Two New AAO I-601 Hardship Waiver Victories

Alan Lee writes : "The law firm won two recent non-precedential decisions at the U.S.C.I.S. Administrative Appeals Office which sided with us in our appeals of I-601 denials. An I-601 approval is required to waive grounds of inadmissibility, which in these cases involved fraud or misrepresentation...

New Jersey: Most Third-Party Tort Action Waivers in Employment Contracts Invalidated

Waiver or “disclaimer” clauses, typically found in the employment agreements of New Jersey workers that work for employment services firms, pursuant to which the employee prospectively waives third-party claims against the employer’s customers, are contrary to public policy, held the...

DHS Waives Laws to Build Roads, Barriers on Border Near El Paso

Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 - "The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity...

Florida: Intoxication Defense Waived by Carrier Once 120-Day "Pay-and-Investigate" Period Had Passed

Noting that once a Florida employer (or carrier) becomes aware of the need for medical benefits for a particular condition or injury, it has three options: pay, deny, or pay and investigate within 120 days, in accordance with § 440.20(4), Fla. Stat., a Florida appellate court held that where the...

Class Action Lawsuit Challenges Trump Travel Ban Waiver Process: Vazehrad v. Trump

Vazherad v. Trump, filed Mar. 13, 2018, No. 3:18-cv-01587, N.D. Cal., San Francisco Div.