In Matter of Carrillo, 25 I. & N. Dec. 99 (BIA 2009), the Board of Immigration Appeals held that the date of admission of one whose status was adjusted under the Cuban Refugee Adjustment Act is the date of parole into the U.S. as calculated under the "rollback provision" of the Act's Section 1, not the date the adjustment was granted.
On October 28, 2009, President Obama signed H.R. 2892, the appropriations bill which contained, among other provisions, language removing the "widow penalty", potentially eliminating the need to request humanitarian reinstatement of a visa petition for many immediate and close family members whose U.S. citizen petitioner died prior to the petition being adjudicated.
As of September 2, 2009, USCIS has created a new, more "customer-centric" website, found at http://www.uscis.gov. The Spanish counterpart site can be found at http://www.uscis.gov/espanol.
In Matter of Martinez, 25 I. & N. Dec. 66 (BIA 2009), the Board of Immigration Appeals held that a lawful permanent resident may apply for and be granted cancellation of removal as a battered spouse under §240A(b)(2) of the Immigration and Nationality Act, even though the title of that section of the law is "Cancellation of removal for certain permanent residents". This decision was subsequently renamed Matter of A.M., 25 I. & N. Dec. 66 (BIA 2009).
In Matter of Evra, 25 I. & N. Dec. 79 (BIA 2009), the Board of Immigration Appeals found that one's imprisonment in a criminal matter does not qualify as "fault" under §240(b)(5)(C)(ii) of the Immigration and Nationality Act, preventing the reopening of an in absentia order of removal. Thus, those who are incarcerated at the time of their deportation hearings and therefore unable to attend an immigration hearingare later able to have their proceedings reopened.
In Matter of Silitonga, 25 I. & N. Dec. 89 (BIA 2009), the Board of Immigration Appeals held that Immigration Judges have no jurisdiction to adjust the status of an "arriving alien" unless he or she was granted advance parole to reenter the U.S. to prosecute a previously filed adjustment of status application.
In Matter of G. D. M., 25 I. & N. Dec. 89 (BIA 9009), the Board of Immigration Appeals found that one who enters the U.S. as a C-1 crewman in transit on a C-1/D visa is statutorily ineligible to cancellation of removal pursuant to §240A(c)(1) of the Immigration and Nationality Act.
The Department of State has announced the opening of the registration period for the DV-2011 Diversity Visa Lottery. Entries must be submitted electronically between noon, Eastern Daylight Time (EDT) on Friday, October 2, 2009 and noon, Eastern Standard Time (EST) on Monday, November 30, 2009. Instructions may be found on the State Department website at: http://www.travel.state.gov/pdf/DV-2011instructions.pdf
USCIS has announced the publication of a new Form G-28, Notice of Entry of Appearance for use by attorneys and accredited representatives. On October 1, 2009, USCIS set forth a 30-day grace period, until October 30, 2009, to transition into the mandatory use of the new form. G-28 forms currently in the mail and/or filed before October 30th will be considered valid when received if properly completed. The new G-28 and instructions can be found on the USCIS website at: www.uscis.gov/forms
The Department of State has released the October Visa Bulletin, the first of the new federal fiscal year. The Employment-Based First Preference (EB-1) Category is current for all chargeability areas. EB-2 Worldwide, Mexico and the Philippines are now current but China is backlogged at March 22, 2005 while India is at January 22, 2005. EB-3 Worldwide and the Philippines stand at June 1, 2002 with China at February 22, 2002; India at April 15, 2001; and, Mexico at May 1, 2002. The other workers category is at June 1, 2001 for all countries except India, which is set at April 15, 2001. All EB-4 categories are Current. The Certain Religious worker category is Unavailable. All EB-5 categories, including the Targeted Employment Areas/Regional Centers are Current. However, the EB-5 Immigrant Investor Pilot Program is Unavailable.
On August 19, 2009, the Department of Homeland Security (DHS) proposed a regulatory amendment to rescind the previously-promulgated final rules implementing the controversial “No Match/Safe Harbor” Rule.
On August 10, 2009, USCIS issued a press release announcing that employers of R-1 nonimmigrant religious workers must notify the Service within 14 days when a worker works less than the required number of hours, has been released from work, or has terminated employment. The release sets forth the information required to be in the notification along with the proper addresses for mail and email notice.
On August 5, 2009, USCIS issued a memo clarifying its previous (June 25,2009) guidance regarding the implementation of the District Court’s order in Ruiz-Diaz v. U.S., No. C07-1881RSL (W.D. Wash., June 11, 1009) and explaining that the court’s order applies to religious workers filing concurrent I-360 visa petitions with their applications for adjustment of status along with those who have already filed for adjustment whether or not the I-485 was submitted concurrently with or after the I-360.
In Matter of Lopez-Aldana 25 I & N. Dec. 49 (BIA) 2009), the Board of Immigration Appeals held that one who applies for Temporary Protected Status (TPS) need not exhaust all appeal rights before the Citizenship and Immigration Services (CIS) prior to requesting an Immigration Judge (IJ) to review a TPS denial.
On July 9, 2009, the Federal District Court for the Northern District of California, in Bautiste-Perez v. Holder, No. C 07-4192 (N.D. G1.) granted a motion and certified a class action suit where the plaintiffs contest the charging of fees above $50 for Temporary Protected Status (TPS) registration.
In Sandhu V. Holder, 2009 U.S. App LEXIS 655 (9th Cir. March 31, 2009), the Ninth Circuit Court of Appeals held that proof of due diligence in discovering a prior attorney’s ineffective assistance of counsel will support a discretionary grant of an untimely motion to reopen before the Board of Immigration Appeals (BIA).
USCI Revises Form I-914 Application for T Nonimmigrant Status
USCIS revises filing instructions for Form I-90 Application to replace Permanent Resident Card. Modifications affect documentation submission and mailing address.
On June 3, 2009, U.S. Attorney general Eric Holder vacated Matter of Compean, 24 I. & N. Dec.710(A.G. 2009) and ordered the Executive Office for Immigration Review (EOIR) to expedite the evaluation of current procedures for claiming ineffective assistance of counsel.
In Matter of Cardiel, 25 I. & N. Dec.12(BIA 2009), the Board of Immigration Appeals held that a conviction under California Penal Code 496(a) (receipt of stolen property) where the sentence of imprisonment is at least one year qualifies as an aggravated felony under INA 101(a)(43)(G).
On June 4, 2009, the Executive Office for Immigration Review (EOIF) issued a notice that it has posted its Immigration Judge Benchbook online at http://www.usdoj.gov/eoir/vll/benchbook/index.html.
In Matter of Barcenas, 25 I. & N. Dec.40(BIA 2009), the Board of Immigration appeals held that a false claim to U.S. citizenship on a passport application results in inadmissibility to the United States under INA 212(a)(6)(C)(ii).
On June 15, 2009 the U.S. Supreme Court held in Nijhawan v. Holder, (08-495), 2009 WL 1650187, that a conviction for conspiracy to commit bank fraud, mail fraud, and wire fraud qualifies as a conviction for conspiracy to commit an offense involving fraud or deceit where the loss to the victim exceeds $10,000.00.
U.S. Customs and Border Protection (CBP) has announced that as of July 1, 2009, all Visa Waiver Program emergency or temporary passports must be e-Passports, even where the passenger submits the passport merely to transit through the United States.
In Matter of Martinez-Montalvo, 241 I. & N. Dec. 778 (BIA 2009), the Board of Immigration Appeals held that an Immigration Judge only has jurisdiction over applications for adjustment of status filed under the Cuban Adjustment Act filed by applicants in removal p roceedings who have entered the U.S. under advance parole.
On April 30, 2009, the U.S. Department of State published the revised Exchange Visitors Skills List. 74 Fed. Reg. 20108.
On May 4, 2009, the U.S. Supreme Court held in Flores-Figueroa v. U.S., (08-108), 2009 WL 1174852, that a conviction for aggravated identity theft under 18 USCA §1028A(a)(1) requires the government to prove the defendant knew that the identification used actually belonged to another person.
In Matter of Guzman-Gomez, 24 I. & N. Dec. 824 (BIA 2009), the Board of Immigration Appeals held that a stepchild cannot derive U.S. citizenship per INA §320(a) through a nonadoptive stepparent.
The U.S. Department of Labor, Office of Foreign Labor Certification will only keep the old LCA system operational through June 30, 2009. Technical issues should be brought to DOL’s attention through the iCert Help Desk: OFLC.Portal@dol.gov.
On 5/29/09 USCIS announced possible delays in the delivery of permanent resident cards while the agency is in the process of upgrading its card production equipment.
On 5/18/09 USCIS announced that it has received approximately 45,500 H-1B petitions counting toward the 65,000 cap. The agency continues to accept H-1B petitions subject to the general cap.
On 5/20/09, Senators Menendez (D-NJ), Gillibrand (D-NY), Kennedy (D-MA), and Schumer (D-NY) introduced the Reuniting Families Act (S.1085).
USCIS announces that, as of May 4, 2009, approximately 45,000 H-1B cap- subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The FY 2010 H-1B Cap has not yet been reached.
USCIS announces that, as of March 2, 2009, Premium Processing, now covers certain I-140 immigrant visa petitions filed on behalf of Beneficiaries who have reached or are reaching the end of their H-1B stays.
USDHS issues final regulations allowing for employment authorization for certain aliens enlisted in U.S. Armed Forces and those whose enlistment is determined to be vital to the national interest.
President Obama extends funding for E-Verify and the EB-5 Regional Center Program through September 30, 2009.
U.S. Department of State issues revised DSP-122, Supplemental Registration for diversity lottery.
Board of Immigration Appeals sets forth new test for determining whether criminal conviction is one involving moral turpitude in Matter of Louissaint, 24 I&N Dec 754 (BIA 2009).
Board of Immigration Appeals finds that conviction for solicitation of drug-related offense constitutes a controlled substance violation outside of the jurisdiction of the 9th Circuit Court of Appeals in matter of Zorilla-Vidal, 24 I&N Dec 768 (BIA 2009).
Office of Foreign Labor Certification announces iCERT Visa Portal System has begun processing Labor Condition Applications (LCA's) on April 15, 2009 and will adjudicate PERM applications on September 1, 2009.
Use of new I-9 form now mandatory.
FY2010 H-1B Cap Not Yet Reached: On April 8, 2009, U.S. Citizenship and Immigration Services (USCIS) announced that it only received 42,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap (65,000) for Fiscal Year 2010 (beginning October 1, 2009) and almost all of the visa petitions needed to meet the U.S. master's cap.
March Visa Bulletin now available
U.S. Defense Department Pilot Program Allows Temporary Enlistment Of Nonimmigrants, TPS Aliens, Asylees, And Refugees Who Have Skills In The Fields Of Medicine and Foreign Languages
USCIS Publishes Interim Final I-9 Rule And New I-9 Form
US-VISIT Biometric Requirements Now Apply To Lawful Permanent Residents
EOIR Final Rule Holds Voluntary Departure Automatically Terminated By Filing Motion To Reopen Or Reconsider or Petition For Review
USCIS Alters Direct Mail Instructions For N-400 Naturalization Applications
Five New Members Join Board Of Immigration Appeals
Malta Designated As Visa Waiver Country
USCIS Updates Form I-134, Affidavit Of Support
DOL And DHS Final Rules On H-2A's And H-2B's Impact Prevailing Wage Procedures For PERM, H-1B, E-3, and H-1B1 As Of January 1, 2010
USCIS Publishes Notice Requiring All EB-5 Immigrant Investor Cases Be Filed At California Service Center
USCIS increases period of stay for TN nonimmigrants from 1 to 3 years.
USCIS posted a new edition of Form AR-11, Change of Address, and Form AR-11SR, Alien's Change of Address Card, to its website.
The November 2008 Visa Bulletin is now Available.
The DV-2010 Lottery online entry begins at Noon EDT on October 2, 2008, and ends at Noon EST on December 1, 2008
On 9/3/08 ICE announced that it arrested 18 employees of a major wholesale flower grower in Arcata, California, The Sun Valley Group, on immigration violations.
On 8/25/08 USCIS announced revised filing instructions for Form I-751, Petition to Remove Conditions on Residence. As of 9/24/08, USCIS will only accept forms dated 8/25/08 and reject previous editions of the form. Effective immediately, all I-751s must be filed with either the VSC or CSC. Announcement also released in Spanish.
On 8/25/08 a Florida District Court denies defendants' motion to dismiss mandamus filed to compel USCIS to process plaintiff's naturalization application, concluding that under the Administrative Procedures Act USCIS has a non-discretionary duty to act on applications before it by processing them within a reasonable time.
On 5/2/08 USCIS released a settlement agreement in Kaplan v Chertoff, 06-5304, (E.D. Pennsylvania). The agreement provides for expedited processing of stalled naturalization and adjustment of status applications for individuals at risk of losing SSI benefits.
On July 11, 2008, the USCIS announced that Employment Authorization Documents (EAD's) for Refugees will now be valid for two (2) years. Previously, such documents were only valid for one (1) year.
Naturalization interviews undergo procedural changes.
On July 9, 2008, the USCIS announced guidelines for a new special immigrant visa category for certain Iraqi national who worked for, or were contractors of the United States Government.
On July 8, 2008, the USDOL announced the debarment of an immigration software company.
On July 8, 2008, the USDOL announced that it has begun placing pending permanent labor certification applications filed by the Cohen & Crigsby law firm into department-supervised recruitment.
On June 30, 2008, the USCIS announced that the status of Freedom of Information Act (FOIA) requests may now be determined at its website.
On June 12, 2008, USCIS announced that beginning June 30, 2008, it will issue Employment Authorization Documents (EAD's) valid for two (2) years for certain Adjustment of Status applicants.
On June 2, 2008, the USDOL announced that it is auditing all permanent labor certification applications filed by the Fragomen, Del Rey, Bernsen & Loewy LLP law firm.
