Revised Guidance for Asylum Claims Based on Sexual Orientation

The BIA clarified that an alien with a particular social group asylum claim based on homosexual orientation does not need to show he/she could not hide sexual orientation.

Reasonableness of Failure to Report Persecutory Harm for Minors

The BIA provided guidance on cases where an asylum or withholding of removal applicant failed to report harm as a minor.

Interpol Red Notices and Serious Nonpolitical Crimes

The BIA explained how adjudicators should consider Interpol Red Notices as evidence for the serious nonpolitical crime asylum and withholding of removal bar.

Matter of B-R-, 26 I&N Dec. 119 (BIA 2013): Asylum/Refugee Applications and Dual Nationality

Matter of B-R-, the BIA held that dual national does not meet the definition of refugee unless the applicant establishes that he/she can’t return to either country.

Ukraine TPS Updates

How to extend Ukraine’s TPS designation? Ukrainians seeking temporary protection for the first time – find steps to follow in our article.

When Self-Employment as an “Investor-Manager” Does Not Constitute “Unauthorized Employment”

Ninth Circuit expanded on the Matter of Lett in finding that activities as an investor-manager may not be “unauthorized employment” under INA 245(c).

J Exchange Visitor Program Sponsor Obligations

22 C.F.R. 62.10 has sponsor obligations for running a J exchange visitor program, including for orientation of J nonimmigrant participants in the exchange program.

Matter of J-A-B- & I-J-V-A-: IJ Cannot Terminate Proceedings

In its decision at 27 I&N Dec. 168, the BIA held that an IJ may not terminate removal proceedings for an alien to apply for asylum who’d have been subject to

Eligibility to Receive a Second Immigrant Visa While on LPR Status

An LPR can get a second immigrant visa in a different preference category through the consular processing procedure – more details in the post.

Eligibility for Special Immigrant Juvenile Classification

This article examines the eligibility requirements for special immigrant juvenile classification if abuse, neglect, abandonment, or something similar took place.