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H2A electronic approvals

Beginning on May 11, 2016, USCIS will use a new process to send electronic approval information for H-2A petitions to DOS by the end of the next business day, in place of a Form I-797 approval notice. Consular posts can then process an H-2A nonimmigrant visa application and conduct any required interview. Coinciding with the launch of USCIS/DOS e-Approval

https://cbocalbos.wordpress.com/tag/h-2a-h2a-h2b-h-2b-work-permit/

https://cbocalbos.wordpress.com/tag/h2a/

https://cbocalbos.wordpress.com/tag/dhs-advance-copy-of-a-notice-on-the-identification-of-foreign-countries-in-the-h-2a-and-the-h-2b-nonimmigrant-worker-programs/

https://californiaimmigration.us/regulations-on-agricultural-employment-visa-h-2a-will-receive-a-final-ruling-of-it%e2%80%99s-amended-regulation/

Filipino War Veterans

In a notice published today in the Federal Register, USCIS announced the implementation of the Filipino World War II Veterans Parole (FWVP) policy, which was announced in a July 2015 White House report on modernizing and streamlining the immigration system. Starting on June 8, 2016, USCIS will allow certain Filipino World War II veteran family members who are beneficiaries of approved family-based immigrant visa petitions to apply for a discretionary grant of parole to come to the United States and wait for their immigrant visa to become available. USCIS will review each case individually to determine whether authorizing parole is appropriate.

Filipino War Veterans

Filipino War and Immigration

Filipino Veterans 

Parole in place – military inventors

False Claim to Citizenship is difficult to get around

(1) A false claim to United States citizenship falls within the scope of section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii)(I) (2012), where there is direct or circumstantial evidence that the false claim was made with the subjective intent of obtaining a purpose or benefit under the Act or any other Federal or State law, and where United States citizenship actually affects or matters to the purpose or benefit sought.

(2) There is a distinction between achieving a “purpose” and obtaining a “benefit” under section 212(a)(6)(C)(ii)(I) of the Act.

(3) Avoiding removal proceedings qualifies as a “purpose” within the meaning of section 212(a)(6)(C)(ii)(I) of the Act.

False claim to citizenship

Citizenship application

Derivative citizenship

Victime of crime? Try for the U visa 

Bond Denied

  1. In a precedent decision issued today, the BIA held that, in determining whether a noncitizen presents a danger to the community at large and thus should not be released on bond pending removal proceedings, an IJ should consider both direct and circumstantial evidence of dangerousness, including whether the facts and circumstances present national security considerations. Accordingly, the BIA affirmed the IJ’s denial of the respondent’s request for release on bond, finding that he failed to show that, based on the totality of the facts and circumstances presented, he did not present a danger to the community pursuant to INA §236(a).

Bond meaning

Bond hearing

Bond hearings and immigration

Got dond? Get a LA deportation Attorney

Asylum Denied

The Ninth Circuit denied a petition for review brought by a former Salvadoran professional soccer player and deputy to a Salvadoran congressman, holding that he was statutorily barred from asylum and withholding of removal relief under the serious nonpolitical crime bar, because there was probable cause to believe that he was complicit in the murders in Guatemala of three Salvadoran representatives to the Central American Parliament.

https://cbocalbos.wordpress.com/tag/asylum/

https://cbocalbos.wordpress.com/tag/asylum-attorney/

https://cbocalbos.wordpress.com/tag/asylum-application/

https://californiaimmigration.us/get-a-california-deportation-attorney-to-help-you-file-asylum/

ICE to be held accountable

 NBCNews reports that the Southern Poverty Law Center (SPLC) has filed a FOIA lawsuit against ICE to obtain the release of government records regarding arrests in early 2016 of Central American immigrants in Georgia, North Carolina, and Texas. SPLC believes the records will show how and why ICE pursued the 121 women and children who were arrested and placed in a Dilley, Texas, family detention center; all but 12 families were deported. “There are serious questions about whether ICE agents’ conduct during these raids violated the Constitution,” stated Lisa Graybill, Deputy Legal Director for SPLC. “We cannot allow ICE, the nation’s largest law enforcement agency, to avoid accountability and violate the federal law by withholding these records.”

https://cbocalbos.wordpress.com/tag/certifying-officer/

https://cbocalbos.wordpress.com/tag/administrative-appeals-office-aao/

https://cbocalbos.wordpress.com/tag/another-win-for-law-offices-of-brian-d-lerner/

https://californiaimmigration.us/the-best-deportation-attorney-will-never-admit-to-the-criminal-allegations-on-a-notice-to-appear/

Crime of Violence further defined

The BIA ruled that as a crime of violence under 18 USC §16(a), the state statute must require as an element the use, attempted use, or threatened use of violent physical force. The BIA further held that the crime of aggravated battery under the Puerto Rico Penal Code, which may be committed by means that do not require the use of violent physical force, is not categorically a crime of violence under 18 USC §16(a).

https://cbocalbos.wordpress.com/tag/crime-of-violence/

https://cbocalbos.wordpress.com/tag/aggravated-felony-crime-of-violence/

https://cbocalbos.wordpress.com/tag/shooting-at-an-inhabited-dwelling-or-vehicle-in-violation-of-ca-pc-%c2%a7246-is-not-a-crime-of-violence/

https://californiaimmigration.us/u-t-and-vawa-changes-for-those-who-are-victims-of-sex-trafficking-crimes-and-domestic-violence/

TPS from Syria

DHS extended the designation of Syria for Temporary Protected Status (TPS) for 18 months, from October 1, 2016, through March 31, 2018. The 60-day re-registration period will run from August 1, 2016, through September 30, 2016. DHS also redesignated Syria for TPS, allowing individuals who have been continuously residing in the United States since August 1, 2016, and have been continuously physically present in the United States since October 1, 2016, to apply for TPS. The 180-day initial registration period for new applicants will run from August 1, 2016, through January 30, 2017.

https://cbocalbos.wordpress.com/tag/tps/

https://cbocalbos.wordpress.com/tag/temporary-protected-status-tps/

https://cbocalbos.wordpress.com/tag/extension-of-tps/

https://californiaimmigration.us/citizenship/naturalization/

Identity theft ruled NOT to be CIMT

The Ninth Circuit granted the petitioners’ petitions for review, holding that the BIA erred in finding that their convictions for identity theft under California Penal Code §§530.5(a) and (d)(2) were categorically crimes involving moral turpitude, because violations of those subsections do not constitute fraud-based crimes, nor do they necessarily involve vile, base, or depraved conduct.

https://cbocalbos.wordpress.com/tag/cimt/

https://cbocalbos.wordpress.com/tag/crime-of-moral-turpitude/

https://cbocalbos.wordpress.com/tag/identity-fraud/

https://californiaimmigration.us/waivers/criminal-waiver-of-inadmissibility-prepared-by-deportation-law/

Physician National Interest Waivers

On March 9, 2016, USCIS designated the Administrative Appeals Office’s (AAO) February 9, 2016, decision in Matter of H-V-P- as an adopted decision, and directed USCIS officials to follow its reasoning in similar cases. The decision clarifies that medical specialists who agree to practice in any area designated by the Secretary of Health and Human Services as having a shortage of health care professionals may be eligible for the physician national interest waiver (NIW) under INA §203(b)(2)(B)(ii).

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https://cbocalbos.wordpress.com/tag/national-interest-waivers/

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https://californiaimmigration.us/save-years-of-waiting-time-with-a-national-interest-waiver/