Immigration Blog

Alexander J. Segal's picture

CBP Apprehends 56 Undocumented Cuban Migrants in One Week

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.

Wendy Barlow's picture

Average EB5 Forms Processing Times (as of July 31, 2016)

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)
Alexander J. Segal's picture

EB5 Program Facing Expiration on September 30

On December 16 of last year, the EB5 immigrant investor program was extended for nine months as part of the omnibus appropriations bill. That extension lasts until September 30, 2016, and at the present moment, there are questions with regard to subsequent extensions for the EB5 immigrant investors program.

Eliza Grinberg's picture

Board Issues Precedent Decision in the Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016)

In the Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016), the BIA held that INA aggravated felony provision for a “theft offense” in sec 101(a)(43)(G) includes extortionate takings. The Board found that a California statute for robbery by force or fear is categorically an aggravated felony theft offense under INA 101(a)(43)(G).

Alexander J. Segal's picture

Election Issues and Immigration Special: Both Candidates Should Provide Medical Records

Presidential candidates have an obligation to the voters to share information regarding their health. A candidate for President is not only asking the American people to entrust him or her with the heaviest responsibility of any elected official in the United States, but is also doing so of his or her own volition. Beyond the often discussed possibility that a President may die in office, information about a candidate’s health may raise more basic questions of his or her fitness to discharge the manifold duties of being President.

Wendy Barlow's picture

USCIS Urges Prospective H2B Employers to Identify "Returning Workers" for Petitions With Employment Start Dates in FY-2017

In a news release from Sep. 13, 2016, the USCIS urged prospective H2B employers seeking to hire “returning workers” with employment start dates in FY-2017 to identify those workers and provide the H2B Returning Worker Certification. There is uncertainty as to whether Congress will reauthorize the returning worker provisions, set to expire on September 30, 2016.

Alexander J. Segal's picture

The Importance of Reauthorizing the Conrad 30 Waiver Program

The debate over the reauthorization of the EB5 program, which is otherwise slated to expire on September 30, 2016, has also been making news both in Congress and on this site. However, there are many smaller immigration programs and details that are worth careful attention as well. For example, as I noted in my blog about the debate over EB5 reauthorization, the Conrad 30 Waiver program and the Special Immigrant Non-Minister Religious Worker Program are also slated to expire on September 30, 2016, although both are likely to be extended. In this article, I will discuss an interesting blog post regarding the Conrad 30 Waiver program.

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.

Wendy Barlow'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.