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CBP provides updates to its six-month club members

CBP provides updates to its six-month club members including a list of current member countries as well as passport validity rules for travelers.

CBP Officers in an Unprofessional Conduct

The Customs & Border Protection (CBP) Liaison Committee advisory on redress mechanisms that have been created by CBP to address those situations where officers have misapplied the law, engaged in an unprofessional behavior, or illegal conduct.

USCIS updated RFE template for Form I-140

USCIS updated RFE template for Form I-140, Immigrant Petition for Alien Worker, seeking E11 immigrant classification. The updated template will be posted online until 2/4/11 for stakeholder visibility. USCIS Service Centers will use the template effective immediately.

Set Standard for Employee Referral Programs

For Employee Referral Programs, an employer must document 1) the program offers incentives to employees for referral; 2) the program was in effect during the recruitment period; and 3) the employees were on notice of the job opening. (Matter of Sanmina-Sci, 1/19/11)

USCIS memorandum on the adjudication of EB-5 Regional Center

USCIS memorandum on the adjudication of EB-5 regional center proposals and affiliated forms I-526 and I-829 petitions.

Creation of ECIC in Crystal City, VA

ICE press release with an announcement by Director John Morton of the creation of an Employment Compliance Inspection Center (ECIC) in Crystal City, VA. The press release also announces that Tyson Foods, Inc. is now a member of the IMAGE program.

Is failure to register as a sex offender is a crime involving moral turpitude?

The court remanded to determine whether failure to register as a sex offender in violation of Wisconsin Statute §301.45(2)(a) is a crime involving moral turpitude under the analysis set forth inMatter of Silva-Trevino. (Mata-Guerrero v. Holder, 11/24/10)

“Derivative Citizenship” under former INA §321(a)

The court held that for purposes of derivative citizenship under former INA §321(a), the phrase “begins to reside permanently in the United States while under the age of 18 years” requires the status of a lawful permanent resident. (U.S. v. Forey-Quintero, 11/30/10)

Immigrant Visa Retrogression

The DOS Liaison Committee reminds members that despite visa retrogression for various immigrant visa categories, posts should issue immigrant visas with a full six-month validity, even if the applicant’s immigrant visa category will retrogress.

USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed

USCIS has discretion to permit immediate relative VWP overstays to adjust status regardless of when the I-485 is filed.