Immigration Blog

Alexander J. Segal's picture

BIA Reverses USCIS Policy Against Accepting Sibling-to-Sibling DNA Test Results

On March 29, 2016, the BIA issued a decision titled the Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016). The BIA held that if sibling-to-sibling DNA test results reflect a 99.5% degree of certainty or higher that a full sibling biological relationship exists; the evidence should be accepted and considered to be probative.

Eliza Grinberg's picture

Department of Labor Announces Enhancement to iCERT System

On August 26, 2016, the DOL announced an enhancement to the iCERT system for the submission of applications for temporary labor certification for H2A and H2B positions. The iCERT system will now permit the submission of electronic documentation at the time of filing and while an H2A/H2B application is pending review.

See AILA Doc. No. 16082931 (8/29/16)

Alexander J. Segal's picture

USCIS Announces Guilty Plea in Immigration Conspiracy Involving Fraud in the H1B Program

On Aug 26, 2016, the USCIS announced that it assisted in the investigation that led to the guilty plea of a married couple for conspiracy to defraud the US and visa fraud (among other charges). The couple ran a conspiracy that fraudulently applied for more than 900 illegal immigration benefits under the H1B program.

Melsida Asatrian's picture

DHS to Propose New Rule for Granting Parole to Certain Entrepreneurs

On August 24, the DHS provided advance notice of a new proposed rule to expand the use of its discretionary parole authority to offer parole on a case-by-case basis to entrepreneurs seeking to make significant investments in the USA. The authority would come from the DHS’s discretion to grant parole for “significant public benefit.”

Eliza Grinberg's picture

Recent Guilty Plea for False Representation of U.S. Citizenship on the Form I-9

On August 17, 2016, the ICE reported that a Kenyan national pled guilty in federal court to falsely representing himself as a U.S. citizen on an official federal form. The indictment alleged that he falsely and willfully represented himself as a U.S. citizen on the Form I-9. He faces up to 3 years imprisonment, up to a $250,000 fine, or both.

Alexander J. Segal's picture

USCIS Reminds Immigrants that it Never Requests Payments Over Phone or Email

USCIS is reminding people that it never asks for payments over the phone or email. The USCIS requests payments through letters on official stationary. If you receive a request for payment over the phone or email from someone representing him or herself to be from USCIS, it is a scam and can be reported to the FTC.

Alexander J. Segal's picture

USCIS Suggests AOS Applicants May Be Able to Use Filing Dates in Early FY-2017

The American Association of Immigration Lawyers (AILA) reported that in April of 2016, the USCIS indicated that adjustment of status applicants may again be able to use the Filing Date charts at the beginning of FY-2017 (beginning with the October 2016 Visa Bulletin). However, the USCIS was careful to note that this is not a certainty.

Eliza Grinberg's picture

USCIS to Hold Naturalization Ceremonies at National Parks to Commemorate 100th Anniversary of NPS

The USCIS set a target for 2016 to hold 100 naturalization ceremonies at national parks to commemorate the 100th anniversary of the National Park Service (NPS). On August 25, the USCIS will mark the date of the 100th anniversary of the NPS by holding 16 naturalization ceremonies at national parks for 450 new U.S. citizens.

Melsida Asatrian's picture

USCIS Website Adds Features for Spanish-Language Users

On June 1, 2016, the USCIS announced that it expanded the capabilities of the virtual assistant (“Emma”) on its website to be able to help users find information on the Spanish-language version of the website. Users who are most comfortable with Spanish may access the Spanish-language version of the USCIS website at uscis.gov/es.

Alexander J. Segal's picture

Evidence that Petitioner Abandoned LPR Status May be Considered in Adjudicating Family-Sponsored Petition

BIA precedent in the Matter of Abdoulin, 17 I&N Dec. 458 (BIA 1980) allows immigration adjudicators to consider evidence that an LPR who is petitioning for a relative had abandoned his or her LPR status. A petition can be denied on this basis even if there is no formal finding of abandonment against the LPR petitioner.

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