Where the Department of Homeland Security seeks to re-serve a respondent to effect proper service of a notice to appear that was defective under the regulatory requirements for serving minors under the age of 14, a continuance should be granted for that purpose. Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013), followed.
Filed under: NTA | Tagged: DHS, Immigration, Immigration Attorney, Immigration Lawyer, NTA, reserving minior, service of process | Leave a comment »
(1) An untimely application for asylum may be found frivolous under section 208(d)(6) of the Immigration and Nationality Act, 8 U.S.C. § 1158(d)(6) (2012). Luciana v. Att’y Gen. of U.S., 502 F.3d 273 (3d Cir. 2007), distinguished. Matter of X-M-C-, 25 I&N Dec. 322 (BIA 2010), followed.
(2) The respondent’s asylum application is frivolous because he deliberately made a false statement postdating by more than 2 years his date of entry into this country, which is a material element in determining his eligibility to seek asylum given the general requirement to file the application within 1 year of the date of arrival in the United States.
Filed under: asylum | Tagged: asylee, asylum, Asylum Applicants, Asylum Application, asylum attorney, asylum officer, asylum petition, BIA, california asylum attorney, Fraud, frivolous application | Leave a comment »
Regulations governing the requirements and procedures for victims of human trafficking who seek T nonimmigrant status, in order to respond to public comments on the initial 2002 T visa rule and conform with legislation that has since been passed. The interim rule will take effect on January 18, 2017. Comments on the amendments to Form I-914, Application for T Nonimmigrant Status, are due by January 18, 2017; other comments are due by February 17, 2017.
Nonimmigrant waiver by US Immigration Attorney
Filed under: Nonimmigrant Visa | Tagged: Human Trafficking, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, T, T Visa | Leave a comment »
The Third Circuit reversed the BIA and remanded, holding that 8 CFR §245.1(i), which effectively bars K-4 visa holders who were between 18 and 21 years old when their parent married a U.S. citizen from obtaining lawful permanent residence without first returning to their home country, is invalid, because it is “manifestly contrary” to the INA. Accordingly, the court found that the petitioner, a K-4 visa holder who was 19 years old when her mother married a U.S. citizen, was eligible to adjust her status to that of a lawful permanent resident.
Filed under: k-4 | Tagged: 245.1, Immigration, Immigration Attorney, Immigration Court, Immigration Law, Immigration Lawyer, k-4, third circuit | Leave a comment »
USCIS notified stakeholders that on June 3, 2016, with the help of the National Visa Center (NVC), it issued the third round of invitations to apply for the Haitian Family Reunification Parole (HFRP) Program, which allows certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. The invitations include instructions on how eligible petitioners can apply for the program.
Family and employment based applicants on the rise
Filed under: family based | Tagged: family based visa, haitians, Immigration, Immigration Attorney, Immigration Lawyer | Leave a comment »
The U.S. District Court for the District of Arizona issued an order finding that CBP is violating the constitutional rights of immigration detainees by holding them in conditions of confinement that fail to meet their basic human needs, and directing CBP to take certain steps to improve conditions in those facilities, known as hieleras. The injunction stems from a class action lawsuit filed in June 2015 by a group of immigration detainees who alleged that they were subjected to inhumane and punitive conditions during their confinement in Tucson Sector CBP holding facilities.
Filed under: Haitians Detainees | Tagged: asylum detainee, cbp, Detainee, detainees, Detention, district court, Haitians Detainees, Immigration Attorney, immigration detainees, immigration detainer, Immigration Detainers, immigration detention, Immigration Lawyer, transferring detainees | Leave a comment »
Reuters reports that on Monday leaders of both houses of California’s legislature introduced two bills to protect undocumented immigrants in the state from efforts to deport them once President-elect Donald Trump takes office on January 20, 2017. One measure would set up a fund to pay for lawyers for immigrants facing deportation. The other would train criminal defense attorneys in immigration law. “Immigrants are a part of California’s history, our culture, and our society,” stated Assembly Speaker Anthony Rendon. “We are telling the next administration and Congress: If you want to get to them, you have to go through us.”
https://californiaimmigration.us/petty-theft-exception-for-illegal-immigrant/
Filed under: illegal immigrants | Tagged: illegal alien, illegal aliens, illegal immigration, Immigration, Immigration Attorney, Immigration Law, Immigration Lawyer, trump | Leave a comment »
Filed under: BIA | Tagged: #bia, ;bia, adjustment, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, fraudulent entry, Motion to Reopen with the BIA, ninth circuit | Leave a comment »
On October 31, 2016, former Immigration Judges and BIA members sent a letter to DHS Secretary Jeh Johnson to express concern and disappointment regarding the dramatic increase in the numbers of men, women, and children detained by ICE, stating, “On the basis of our experiences as immigration jurists, we know this expansion comes at the expense of basic rights and due process.”
BIA deference given to particulary serious crime
Filed under: BIA | Tagged: #bia, ;bia, appeal to bia, BIA, bia board of immigration appeals, BIA Pro Bono Project, Detention, Immigration, Immigration Attorney, Immigration Lawyer, Motion to Reopen with the BIA, Petitioner to pursue an argument never presented to the BIA | 1 Comment »
Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 