Immigration Blog

Eliza Grinberg's picture

USCIS Determines Final Action Dates from Visa Bulletin Must be Used for AOS Applications in September 2016

For adjustment of status applications filed in September of 2016, USCIS determined that the application final action dates from the DOS Visa Bulletin must be used for all applications. An alien with an approved immigrant visa petition may file for adjustment of status if his or her filing date is before the final action cutoff date for September 2016.

Alexander J. Segal's picture

DOS Releases September 2016 Visa Bulletin

The Department of State (DOS) released its new Visa Bulletin for September 2016. The Visa Bulletin includes final action dates and filing dates for family-sponsored and employment-based cases. The USCIS will determine whether applicants for adjustment of status in September must use the final action dates or the filing dates.

Alexander J. Segal's picture

Two Canadian Teenagers Commit Inadvertent Illegal Border Crossing While Playing Pokémon Go

I recently came across a peculiar instance of illegal immigration that could quite literally have only happened in 2016. As reported by Reuters, two Canadian teenagers in Alberta were fixated on searching for Pokémon while playing Pokémon Go on their phones. They were in fact so fixated that when they were discovered by U.S. Customs and Border Protection (CBP), they had crossed over the Canadian border into what the article describes as a “remote part of Montana.”

Wendy Barlow's picture

BIA Amicus Invitation Amicus Invitation No. 16-08-08 Invites Briefs on Duress Exception to Persecutor Bar

On August 8, 2016, the BIA invited interested parties to file amicus briefs regarding whether there is a duress exception to the persecutor of others bars to asylum (INA 208(b)(2)(A)(i)) and to withholding of removal (INA 241(b)(3)(B)(i)). The BIA will be accepting amicus briefs until September 7, 2016.

Alexander J. Segal's picture

EOIR Publishes Proposed Rule on Reopening Based on Ineffective Assistance of Counsel

On July 28, 2016, the EOIR published a proposed rule (81 FR 49556) that sets to create standards for reopening immigration proceedings based on ineffective assistance of counsel claims.  The EOIR will accept public comments on the proposal until September 26, 2016. The EOIR will take the comments into account in publishing a final rule.

Eliza Grinberg's picture

BIA Issues Precedent Decision in the Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016)

In the Matter of Fatahi, 26 I&N Dec. 791 (BIA 2016), the Board of Immigration Appeals held that immigration judges should consider direct and circumstantial evidence of whether an alien presents a danger to community at large in determining whether to deny a request for release on bond in removal proceedings.

Wendy Barlow's picture

The DHS Redesignates Syria for TPS

The DHS redesignated Syria for TPS and extended Syria’s TPS designation from October 1, 2016, through March 31, 2018. Current Syrian TPS beneficiaries must re-register between August 1, 2016, and September 30, 2016. First time registrants must apply between August 1, 2016, and January 30, 2017.

Alexander J. Segal's picture

USCIS Releases New Edition of Form I-192

On July 29, 2016, the USCIS announced that it is releasing a new edition of the Form I-192, Application for Advance Permission to Enter as a Nonimmigrant. The new edition is dated June 10, 2016. Starting on August 29, 2016, USCIS will only accept the new edition. Until then, USCIS will also accept the April 15, 2013 edition.

Alexander J. Segal's picture

Provisional (Stateside) Unlawful Presence Waiver

March 4, 2013, certain immigrant visa applicants who are the immediate relatives (spouses, children, or parents) of United States citizens are eligible to file a Form I-601A, Application for Provisional Unlawful Presence Waiver, before departing the United States for their immigrant visa interviews, provided that the only ground that they would be ineligible for an immigrant visa is unlawful presence.

Eliza Grinberg's picture

EOIR Announces Investiture of Five New Immigration Judges

On July 29, 2016, the Executive Office of Immigration Review (EOIR) announced the investiture of five new immigration judges. The new judges are as follows: Elisa Castrolugo (Houston); Samuel B. Cole (Chicago); Kathryn L. DeAngelis (Chicago); Lisa Ann J. de Cardona (Philadelphia); Eva S. Saltzman (Newark).

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