A new BIA case came out which should clear out some confusion on whether spouses of grandfathered relatives are protected under 245(i). They’re not. The
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BIA on Immigration Court Frivolous Findings – Matter of XMC
In Matter of X-M-C, 25 I&N Dec. 322 (BIA 2010), the Board held that a frivolous finding for an asylum application can be made despite
Read moreCourt Dismisses Lawsuit Challenging H-1B Employer / Employee Third Party Placement Memo
The U.S. District Court for the District of Columbia dismissed Broadgate v. USCIS on August 13. The case challenged the January 8, 2010 Neufeld memo
Read moreFiling Location Change for I-140s
The USCIS has slowly transitioned the filing of petitions and applications from service centers to lockbox facilities. Centralizing the filings they said would allow them
Read moreMatter of Castillo-Padilla: BIA on Paroles and Adjustment of Status
In assessing whether a person can adjust status based on marriage to a U.S. Citizen, one of the documents we look for is the I-94.
Read moreTemporary Protected Status (TPS) Extensions for Honduras and Nicaragua
DHS extends TPS designation for Honduras and Nicaragua to January 5, 2012. This extension does not apply to Hondurans and Nicaraguans who entered the U.S.
Read moreMatter of Alania: BIA on Unauthorized Employment and Adjustment of Status
Recent decision from the BIA – Matter of Alania. Respondent is from Peru. He entered the U.S. in 96 on a temporary visa, overstayed, and
Read morePadilla v Kentucky – Supreme Court on Immigration and Guilty Pleas at Criminal Courts
An alien who gets placed in removal proceedings due to criminal convictions used to have this recourse: lawyers obtain the transcript of the criminal court
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