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.
On Sep. 9, 2016, the Board clarified its decision from earlier in the year in the Matter of Guzman-Polanco, 26 I&N Dec. 713 (BIA 2016). The Board explained that it will follow controlling circuit court law regarding whether “conduct such as the threatened use of poison to injure a person” may be sufficient to constitute a “crime of violence.”
Submitted by Eliza Grinberg on September 8, 2016 - 7:41pm
The USCIS announced that it will create a streamlined parole policy for eligible U visa petitioners and their derivatives residing abroad. The new policy will make it easier for U visa petitioners and derivatives residing abroad to seek parole into the United States while waiting for an available U visa than it is under the current policy.
In the Matter of Chairez & Sama, 26 I&N Dec. 796 (AG 2016), the Attorney General lifted her stay on two BIA decisions. She initially issued the stay to review when a statute should be considered divisible. Because the Supreme Court issued a decision on the same issue in Mathis v. United States, 579 U.S. __ (2016) where it restricted the situations in which a statute can be considered divisible.
The USCIS released a new edition of the Form I-694, Notice of Appeal of Decision Under Sections 245A or 210 of the Immigration and Nationality Act. The new edition is dated 03/29/2016. Starting Oct. 28, 2016, the USCIS will only accept the new edition. Until then, the USCIS will continue to accept the edition dated 12/16/12.
The USCIS produced a new edition of the Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA). The new edition is dated 05/13/2016. Starting on Oct. 10, 2016, the USCIS will only accept the new edition. Until then, USCIS will also accept the edition dated 01/07/13.
Submitted by Eliza Grinberg on September 5, 2016 - 1:22am
The USCIS released a new edition of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The new edition is dated 03/14/16. Starting on October 31, 2016, the USCIS will only accept the new edition. Until then, the USCIS will continue to accept the edition dated 03/05/13.
Apparently realizing the need to provide some semblance of clarity, Trump decided to give a speech on immigration policy on August 31, 2016. In this article, I will examine Trump’s speech and explain my perspective on what it says about how he may be as President on immigration. Furthermore, I will examine the Clinton campaign’s positions on some of the same issues presented.
On August 31, 2016, the USCIS announced that it released a new version of the Form I-601A, Application for Provisional Unlawful Presence Waiver. The new edition is dated 07/29/16. The USCIS will no longer accept previous editions of the Form I-601A, in part due to the new rules for provisional unlawful presence waivers.
A wile stretch in the immigration debate was capped by Republican Presidential candidate Donald Trump holding an impromptu meeting and press conference with the President of Mexico before issuing a much anticipated speech on immigration policy. I look forward to sharing my detailed thoughts on the news on my blog over the next few weeks.
