On June 23, 2011, the Board of Immigration Appeals (BIA) concluded that the derivative child of a finacee visa holder is not ineligible for adjustment
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Freire v. Holder: Second Circuit Remands to BIA to Reconsider Arriving Aliens Motion for Remand or Continuance
According to 8 C.F.R 1.1, the term arriving alien means “an applicant for admission coming or attempting to come into the United States at a
Read moreThe Adam Walsh Act, Effect of Certain I-130 Petitioner Criminal Convictions, and DHS Discretion for Eligibility
The Adam Walsh Child Protection and Safety Act is a federal statute that was signed into law by President George W. Bush on July 27,
Read moreObama Hosts White House Meeting on Immigration Reform
On April 19, 2011, President Obama hosted a White House Meeting with 70 national leaders—including Mayor Bloomberg, former Governor Arnold Schwarzenegger, among others—to discuss the
Read moreBIA on Immigration Courts and Evidence Outside the Record of Conviction | Matter of Ahortalejo-Guzman, 25 I & N Dec 465 (BIA 2011)
One of the elements for Cancellation of Removal for Non-LPR (10 year cancellation case) eligibility is “good moral character.” If the applicant has been convicted
Read moreMovements in the May 2011 Visa Bulletin
The May 2011 Visa Bulletin is out and below are some notes on specific movements this month: The F-2A (Spouse of Legal Permanent Resident) preference
Read moreImmigration Agencies in Case of a Government Shutdown
On April 8, 2011, AILA released an update on what would happen to different immigration-related government agencies in case the government shuts down. Please note
Read moreFrom Arriving Alien to Final Order to Adjustment of Status… Finally
He was tired. He just got out of jail a few weeks ago. Ten plus years in the United States. Multiple lawyers, hearings, consultations, all
Read moreFee Waiver Guidelines from the March 2011 USCIS Policy Memorandum
Introduction People who could not afford to pay the filing fees for certain immigration paperwork can file a fee waiver request. The USCIS developed the
Read moreBIA on Post-Divorce Adjustment of Status Eligibilty for Fiance Entrants in Matter of Sesay
On March 17, 2011, the BIA in the interim decision Matter of Sesay, 25 I&N Dec. 431 (BIA 2011), addressed the issue of whether an
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