Letter to Secretary Perez in response to DOL’s announcement that it would undertake a comprehensive examination of the permanent labor certification process and regulatory requirements in an effort to modernize the program and make it more responsive to changes in the national workforce.
American Lawyers' Association (AILA) announced on January 15, 2015, through Its InfoNet that, Mexican Embassy in Washington, D.C. informed the public, it had instructed Mexican consulates in the U.S. to start issuing verified copies of birth certificates registered in Mexico. To apply for the copy, Mexico born individuals should contact a Mexican Consulate closest to them and comply with the consulate's rules for making such application. The announcement is a big deal since prior to that, it had been a problem getting a birth certificate from Mexico, expecially for individuals who had no relatives or restricted access to Mexico to make an application.
American Immigration Lawyers Association (AILA) announced yesterday on InfoNet that several former consular officers have argued for judicial review of the consulate made decisions in their Amicus brief filed in Kerry v. Din, the ongoing case, arising out of the Ninth Circuit, about reviewability of the decisions made by consulate officers. The Amicus brief argues that judicial review “should be available for visa adjudications denied on grounds extending beyond consular discretion, with appropriate restrictions to prevent release of classified information.”
In Cisneros-Guerrerro v. Holder, the Court of Appeals for the Fifth Circuit curtailed the Board of Immigration Appeals' (BIA) expansion of what crimes involve moral turpitude. The Court of Appeals for the Fifth Circuit vacated the BIA’s decision that all criminal conduct proscribed by Texas Penal Code §21.07 were categorically crimes involving moral turpitude (CIMTs). The Immigration Judge (IJ), without reviewing the record of conviction, pretermitted the alien’s application for cancellation of removal concluding “an offense under Texas Penal Code § 21.07 was categorically a CIMT.”
The offense of “deadly conduct” in violation of §22.05(a) of the Texas Penal Code, which punishes a person who “recklessly engages in conduct that places another in imminent danger of serious bodily injury,” is categorically a crime involving moral turpitude, the Board concluded, because of the imminent danger component of the crime.
In a recent decision, the U.S. District Court out of Washington State has awarded attorney fees in an action against USCIS in a stalled J1 waiver application.
In Omargharib v. Holder the U,S, Court of Appeals for the Forth Circuit overturned BIA decision and remanded the case back to the BIA holding that Virginia's grand larceny statute was NOT an aggravated felony for immigration purposes under the categorical and not modified categorical approach.
On the last day of the last year, U.S. Department of State has published a final rule on fee changes. Annotation to th rule explained that the fees were changed to reduce the burden on Mexican citizens under 15 years of age applying for a Boarder Crossing card as well as to comply with the newly enacted Emergency Afghan Allies Extension Act of 2014.
Giving birth is a momentous occasion, but the joy can quickly turn into concern and confusion if an alien is in the process of immigrating to the United States or is a lawful permanent resident (LPR or green card holder) outside the United States at the time of the birth. Our office is frequently contacted by immigrant visa holders and LPRs who have given birth to a child abroad to learn how they can bring their child to the United States. In some situations, the individuals planned in advance to give birth to a child abroad whereas other times emergent circumstances have resulted in the birth overseas. As a general rule, any alien applying for admission to the United States for lawful permanent residence, or a lawful permanent resident returning to an unrelinquished lawful permanent residence in the United States must present one of the following documents to Customs and Border Protection (CBP)
When called for a USCIS interview, an applicant should make sure to bring a duly qualified Attorney. Such legal representative will ensure that the interview will be conducted in a professional and business-like manner, and that the rights of the client are protected. According to the Policy Memorandum, published on December 21, 2011, by the Office of the Director of the USCIS, the applicants are entitled to the right to have legal representation before the Service, at no expense to the Government, as defined in 8 CFR 292.1(a). This Policy Memorandum provides certain conduct guidelines for the USCIS officers. It also delineates the appropriate role of the Attorneys.