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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)

U.S. Embassy London remind members that the Border Security Fee now in effect for certain H-1B and L-1 cases

U.S. Embassy London remind members of the Border Security Fee now in effect for certain H-1B and L-1 cases. Although the fee in most cases is usually paid to USCIS when the petition is filed, blanket L-1 fees are collected at the Embassy or Consulate.

Secure Communities is now activated in Saline County, Kansas

ICE press release announcing that Secure Communities is now activated in Saline County, Kansas. With the expansion of Secure Communities to Saline County, ICE is now using this capability in two Kansas jurisdictions.

USCIS inventory of employment-based AOS cases pending at the Service Centers and Field Offices

USCIS inventory of employment-based AOS cases pending at the Service Centers and Field Offices as of 1/5/11.

USCIS provides e-mail addresses for inquiries involving lockbox-filed forms

USCIS provides e-mail addresses for inquiries involving lockbox-filed forms.