LexisNexis® Legal Newsroom
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...

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...