Immigration Blog

Alexander J. Segal's picture

Rodriguez-Quiroz v. Lynch, 15-2621 (8th Cir. Aug. 31, 2016)

Rodriguez-Quiroz v. Lynch, 15-2621 (8th Cir. Aug. 31, 2016)

The Eighth Circuit issued a precedent decision in Rodriguez-Quiroz v. Lynch concerned an alien who was charged as deportable for having entered without being admitted or paroled. The Court ruled that the alien was prejudiced when the IJ denied the alien in the case the opportunity to testify regarding the preparation of the draft and final record of deportable alien immigration forms.

Eliza Grinberg's picture

USCIS Sets (CNMI)-Only Transitional Worker (CW-1) Program Cap for FY-2017

On Sep. 2, 2016, the USCIS set the FY-2017 cap for CW-1 nonimmigrants at 12,998. The CW-1 program is a special nonimmigrant work visa program for the Northern Mariana Islands. It will remain in effect until Dec. 31, 2019. In order to qualify for CW-1 status, the nonimmigrant must be ineligible for any other nonimmigrant work classification under U.S. law.

Melsida Asatrian's picture

BIA Holds IJs Cannot Adjudicate Requests for Waivers of Inadmissibility Under INA 212(d)(3)(A)(ii) for U Petitioners

On Sep. 8, 2016, the BIA issued a precedent decision in the Matter of Khan, 26 I&N Dec. 797 (BIA 2016). The Board held that immigration judges do not have authority to adjudicate requests for waivers of inadmissibility under INA 212(d)(3)(A)(ii) of the INA for petitioners for U nonimmigrant status.

Alexander J. Segal's picture

BIA Issues Clarification in the Matter of Guzman-Polanco, 26 I&N Dec. 806 (BIA 2016)

On Sep. 9, 2016, the Board clarified its decision from earlier in the year in the Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016). The Board explained that it will follow controlling circuit court law regarding whether “conduct such as the threatened use of poison to injure a person” may be sufficient to constitute a “crime of violence.”

Eliza Grinberg's picture

USCIS to Create Streamlined Parole Policy for U Visa Petitioners and Derivatives Residing Abroad

The USCIS announced that it will create a streamlined parole policy for eligible U visa petitioners and their derivatives residing abroad. The new policy will make it easier for U visa petitioners and derivatives residing abroad to seek parole into the United States while waiting for an available U visa than it is under the current policy.

Alexander J. Segal's picture

Attorney General Lifts Stays in the Matter of Chairez and Sama, 26 I&N Dec. 796 (AG 2016)

In the Matter of Chairez & Sama, 26 I&N Dec. 796 (AG 2016), the Attorney General lifted her stay on two BIA decisions. She initially issued the stay to review when a statute should be considered divisible. Because the Supreme Court issued a decision on the same issue in Mathis v. United States, 579 U.S. __ (2016) where it restricted the situations in which a statute can be considered divisible.

Melsida Asatrian's picture

USCIS Releases New Edition of the Form I-694

The USCIS released a new edition of the Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act. The new edition is dated 03/29/2016. Starting Oct. 28, 2016, the USCIS will only accept the new edition. Until then, the USCIS will continue to accept the edition dated 12/16/12.

Alexander J. Segal's picture

USCIS Releases New Edition of the Form N-336

The USCIS produced a new edition of the Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA). The new edition is dated 05/13/2016. Starting on Oct. 10, 2016, the USCIS will only accept the new edition. Until then, USCIS will also accept the edition dated 01/07/13.

Eliza Grinberg's picture

USCIS Releases New Edition of the Form I-360

The USCIS released a new edition of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The new edition is dated 03/14/16. Starting on October 31, 2016, the USCIS will only accept the new edition. Until then, the USCIS will continue to accept the edition dated 03/05/13.

Alexander J. Segal's picture

Election Issues and Immigration #5: Analysis of Trump's Immigration Speech and Comparison to Clinton's Policies

Apparently realizing the need to provide some semblance of clarity, Trump decided to give a speech on immigration policy on August 31, 2016. In this article, I will examine Trump’s speech and explain my perspective on what it says about how he may be as President on immigration. Furthermore, I will examine the Clinton campaign’s positions on some of the same issues presented.

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