BIA precedent in the Matter of Abdoulin, 17 I&N Dec. 458 (BIA 1980) allows immigration adjudicators to consider evidence that an LPR who is petitioning for a relative had abandoned his or her LPR status. A petition can be denied on this basis even if there is no formal finding of abandonment against the LPR petitioner.
Some have called the 2016 Presidential election a “dumpster fire.” Due to the ineptitude of both major party candidates, I believe that the term “dumpster fire” is insufficient. Nevertheless, I believe that voters should make a choice between the two awful candidates rather than staying at home or voting for an alternative.
The USCIS offers several forms of immigration relief to those affected by unforeseen circumstances. Those affected by the recent severe weather and flooding in Louisiana may contact the USCIS or an experienced immigration attorney for guidance if the disaster has affected their immigration situations.
As reported by AILA, the director of USCIS, Leon Rodriguez, responded to a letter regarding concerns over delays in the adjudication of petitions for U nonimmigrant status. Director Rodriguez stated that the delays were due to a significant uptick in applications, and provided assurances that the USCIS is working on strategies to speed up adjudications.
In the Matter of Richmond, 26 I&N Dec. 779 (BIA 2016), the BIA held that a false claim to U.S. citizenship made to achieve the purpose of avoiding removal proceedings under the INA triggers inadmissibility under section 212(a)(6)(C)(ii)(I) of the INA. The BIA also authoritatively analyzed the statute as a whole.
The USCIS adopted the AAO decision in the Matter of Z-A-, Inc., Adopted Decision 2016-02 (AAO Apr. 14, 2016) as agency policy. The decision requires the USCIS to consider all relevant evidence when determining whether an L1A beneficiary will be managing an essential function, as opposed to performing an essential function, of the petitioner.
On August 8, 2016, the Department o State (DOS) released the Visa Bulletin or September 2016. Each month, the United States Citizenship and Immigration Services (USCIS) determines whether adjustment of status applicants must use the application final action dates or the filing dates from the Visa Bulletin. In this article, we will review the application final action dates for adjustment of status applicants in September 2016.
In this post, I will examine the immigration record of the Democratic Vice Presidential nominee, Senator Tim Kaine of Virginia, and the possible effect that his presence on the ticket may have on Hillary Clinton's immigration proposals.
In the Matter of H-V-P-, Adopted Decision 2016-01 (AAO Feb. 9, 2016), the USCIS established as binding policy guidance on all USCIS employees that specialty care physicians are eligible for physician national interest waivers for service in an area designated by the Secretary of HHS as a HPSA and as a MUA/P.
In this post, I will discuss the new final rule revising the regulations for provisional unlawful presence waivers. This post will examine the changes from the proposed rule and the changes from the previous regulatory scheme for provisional unlawful presence waivers. It also includes links to our full articles on the rules for provisional unlawful presence waivers.
