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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.

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.

“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.

USCIS requires 11/23/10 edition of Form I-129S after 1/6/11

USCIS requires 11/23/10 edition of Form I-129S after 1/6/11.

USCIS requires 11/23/10 edition of Form I-212 after 1/6/11

USCIS requires 11/23/10 edition of Form I-212 after 1/6/11.

Lawyers have a Duty to Investigate all Grounds for Asylum

The court denied rehearing and rehearing en banc where the attorneys failed to inquire into and raise FGM as a basis for asylum from Eritrea. Judge Pregerson dissented, citing the adverse effect the decision will have on asylum seekers.

Adopting the approach of the Second,Third, and Fifth Circuits

Adopting the approach of the Second, Third, and Fifth Circuits, the court held that a guilty plea and a finding of guilt, with a sentence of time served, qualifies as a “conviction” under INA §101(a)(48). (Rodriguez v. USCIS, 1/4/11)