Immigration Blog

Birth Certificates Will Now Be Issued At Mexican Consulate

Written by Alexander J. Segal on

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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.

U.S. DOS Immigrant Visa Decisions Should Be Reviewable By Courts

Written by Alexander J. Segal on

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The American Immigration Lawyers Association (AILA) announced yesterday on AILA 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, an ongoing case arising out of the Ninth Circuit about the 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.”

Curtailing the Expansion of Crimes Considered Crimes Involving Moral Turpitude

Written by Wendy Barlow on

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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

In Re Hernandez - New BIA precedent in 2015

Written by Alexander J. Segal on

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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.

Virginia's Grand Larceny Conviction is NOT an Aggravated Felony

Written by Alexander J. Segal on

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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.

U.S. Department of State changes some fees

Written by Alexander J. Segal on

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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.

Lawful Permanent Resident (LPR) Gives Birth Abroad

Written by Wendy Barlow on

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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)

Attorney Role at the Adjustment Interview Is Expanded

Written by Eliza Grinberg on

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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.

Obama Administration’s Immigration Policy Changes

Written by Alexander J. Segal on

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Yesterday, November 20, 2014, President Obama announced in his prime time televised address to the nation that he would sign an executive order today, November 21, 2014, which would make some changes to the U.S. immigration policy and provide some temporary relief to estimated five million undocumented immigrants now in the USA. While the action is not a permanent, it is expected to help changing immediate life conditions of many people. It will change immigration policy in several ways. First, it will remove the heavy burden of living under continuous threat of deportation from some individuals with substantial times to the USA. While the policy still fell short of providing any such protection to parents of DACA eligible children, it does offered it to individuals who, on the date of the new policy announcement — November 20, 2014 – had either USC or LPR children in the USA. In the spirit of the same, the new policy also expended the reach of DACA by removing the upper age restrictions on those, otherwise eligible, as well as demanded some liberalization of the legal definitions applicable to many immigration cases which, if implemented, would clarify and expend the reach of the Provisional Waiver program; expend the reach of the National Interest Waiver and improve the utilization of the immigrant visas, allocated annually by the Congress. It will also eliminate the “save communities” initiative, which rendered many people in the limbo of awaiting for ICE detention after serving their time in state custody for relatively minor criminal infractions. Below is the overview of some of the changes.

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