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New on-line appointment system for Consulates in Mexico

Reports that the new on-line appointment system for consulates in Mexico is not working.

Eligibility Guidance for members of the National Guard to Naturalize

USCIS 1/27/11 interim memo for comment providing field guidance on the eligibility for members of the National Guard to naturalize under section 329 of the INA.

Strengthening the Legal Immigration System

DHS remarks by Secretary Janet Napolitano on the overall state of our homeland security, including major initiatives involving border security and immigration in the coming year, such as strengthening the legal immigration system, and rolling out E-Verify “Self Check.”

TPS Applicants ineligible for certain grounds of inadmissibility

USCIS draft memo for comment clarifying that applicants for Temporary Protected Status (TPS) cannot be found ineligible for certain grounds of inadmissibility.

President Obama’s plan to fix our broken Immigration System

White House fact sheet released after the 2011 State of the Union Address on President Obama’s plan to win the future by fixing our broken immigration system.

FY2011 cap for H-1B petition has been reached

USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 1/26/11, the FY2011 cap-subject H-1B petition cap has been reached. USCIS has receipted more than 20,000 H-1B petitions for aliens with advanced degrees.

Beta-testing VIBE

USCIS announcement that the agency is beta-testing the web-based Validation Instrument for Business Enterprises (VIBE), and petitioners may begin seeing VIBE-related Requests for Evidence.

H-1B Cap for FY2011

USCIS announces  that  it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2011 since the filing window opened on April 1 last year.

Decision on Review of Sua Sponte Reopening

The court held that the Supreme Court decision, Kucana v. Holder, did not change the court’s holding in Ekimian v. INS that there is no sufficiently meaningful standard to allow court review of sua sponte reopening. (Mejia-Hernandez v. Holder, 1/27/11)

New York Penal Law §263.05

The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)