In the Matter of Zaragoza-Vaquero, 26 I&N Dec. 814 (BIA 2016), the BIA held that a federal conviction for criminal copyright infringement under 17 U.S.C. 506(a)(1)(A) and 18 U.S.C. 2319(b)(1) is a crime of moral turpitude. A key point was that the statute requires the infringement to be willful, that is, a voluntary violation of a known duty to not infringe on copyrights.
On May 21, 2017, the TPS designations for Guinea, Liberia, and Sierra Leone will terminate. To ensure an orderly transition before then, the DHS is extending TPS benefits and TPS EADs for beneficiaries from these countries through May 20, 2017. This extension is automatic. TPS beneficiaries from these countries should consult with an experienced immigration attorney for guidance.
On Apr. 1, 2011, the DHS limited removals to Haiti to those with final orders of removal who were either convicted of a particularly serious crime or who posed a national security threat. On Sep. 22, 2016, the DHS announced that it would treat enforcement decisions with regard to Haitian nationals consistent with standard practice. The move does not affect Haitians on TPS or those who have resided continuously in the USA since Jan. 12, 2011.
On Sep. 19, the DHS Inspector General (IG) released a report that found that the USCIS improperly granted citizenship to at least 858 persons from “special interest countries” who had been previously ordered deported or removed under another name. The IG explained that the errors were the result of missing fingerprint records.
The August-September 2016 edition of the USCIS E-Verify Connection newsletter included a reminder that in order to engage in curricular practical training, F1 students must present the redesigned Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. F1 and M1 students have been required to use the new Form I-20 since July 1, 2016.
It is no exaggeration to say that every aspect of our immigration system will be affected by the results of this November’s federal elections. While many people look simply to who the President is, it is important to remember that there are many other moving parts to our immigration system. Due to the significance of federal office-holders on immigration law, I have decided to write one post per week through the November elections in which I will discuss an issue at play in the election from the immigration context. This post also includes an archive of all of the posts in the series.
On Sep. 16, 2016, the CBP announced that it apprehended 56 undocumented Cuban migrants landing along South Florida’s coastline over the previous week. The Cuban nationals will be processed by the CBP and then be issued NTAs before an IJ for further proceedings under the Cuban Migration Agreement of 1995 and the Cuban Adjustment Act of 1966.
On Sep. 15, 2016, the USCIS released its average processing times for three EB5 forms as of July 31, 2016. The times are as follows:
- Form I-526, Immigrant Petition by Alien Entrepreneur (17.1 months)
- Form I-829, Petition by Entrepreneur to Remove Conditions (22 months)
- Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program (11 months)