Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The U.S. Supreme Court yesterday left in place last year’s Ninth Circuit decision to strike down a 2006 Arizona law that denied bail to undocumented immigrants charged with “serious” felonies. Six members of the Supreme Court declined to hear an appeal from Arizona Sherriff Joseph Arpaio to reinstate the Arizona law, overruling three of the more conservative members of the Court—Justices Clarence Thomas, Antonin Scalia and Samuel Alito—who said they would have heard the case.
Filed under: Immigration Attorney | Tagged: arizona, arizona immigration, undocumented immigrants | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS extended the designation of Somalia for Temporary Protected Status (TPS) for 18 months from September 18, 2015, through March 17, 2017. The 60-day re-registration period runs from June 1, 2015, through July 31, 2015.
Filed under: Immigration Attorney | Tagged: somalia, Temporary Protected Status (TPS) | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
June 1, 2015, USCIS began accepting only the new version of Form I-907, Request for Premium Processing Service, with an edition date of January 29, 2015. Previous editions of the form submitted on or after June 1, 2015, will be rejected.
Filed under: Immigration Attorney | Tagged: premium processing | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Fifth Circuit granted the petition for review, holding that a wave-through at a port of entry is an “admission in any status” under 8 USC §1229b(a)(2), and that the petitioner, a lawful permanent resident, was thus eligible for cancellation of removal.
Filed under: Immigration Attorney | Tagged: admission, border patrol, port of entry, wave through, waved through | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
BALCA reversed the CO’s denial for failure to provide a sufficient explanation for rejecting eight U.S. applicants, noting that 20 CFR §656.17(g)(1) “does not indicate a level of specificity beyond what the Employer provided.”
Filed under: Immigration Attorney | Tagged: employment based immigration, experience, I-140, i140, Labor Certification, PERM | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- The Ninth Circuit granted the petition for review and remanded, holding that the petitioner’s conviction for grand theft, in violation of California Penal Code §487(a), was not a categorical aggravated felony, because the statute is doubly overbroad in that it permits a conviction for theft of labor while the generic definition of theft does not, and also permits a conviction for a consensual taking.
Filed under: Immigration Attorney | Tagged: #aggrvated felony, aggravated felony, grand theft, ninth circuit | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Ninth Circuit reversed, holding that if ICE detains an immigrant pending potential criminal prosecution, then that detention constitutes “official detention” within the meaning of 18 USC §3585(b), and the immigrant is accordingly entitled to credit toward his or her criminal sentence. The court also held that an immigrant is entitled to credit for all time spent in ICE detention subsequent to his or her indictment or the filing of formal criminal charges against him or her.
Filed under: Immigration Attorney | Tagged: crime, criminal detention, ice detention | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
- USCIS provided guidance on when to file an amended H-1B petition in response to the April 9, 2015, AAO precedent decision, Matter of Simeio Solutions, LLC, which held that employers must file amended H-1B petitions when a new Labor Condition Application for Nonimmigrant Workers (LCA) is required due to a change in the H-1B worker’s worksite location.
Filed under: Immigration Attorney | Tagged: amended h-1b petition, H-1B, h1b | Leave a comment »
Posted on July 6, 2015 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
USCIS began accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. USCIS published a revised Form I-765, Application for Employment Authorization, with an edition date of February 13, 2015, which contains the eligibility category (c)(26) for H-4 dependent spouses. While USCIS will continue to accept previous editions of the form, USCIS indicates that H-4 applicants should use the revised form to prevent delays or RFEs. On Sunday, a federal district court denied a motion for a preliminary injunction to stop DHS from implementing the H-4 final rule.
Filed under: Immigration Attorney | Tagged: H-1B, H-4, h-4 work authorization, h1b | Leave a comment »
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