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New discretionary exemption for activities and associations relating to the ABSDF

DHS notice of determination with regard to a new discretionary exemption under INA Section 212(d)(3)(B)(i) for activities and associations relating to the All Burma Students’ Democratic Front (ABSDF). (76 FR 2131, 1/12/11)

Family-based Albanian Social Group Claim

Over dissent, the court found that the extensive, credible record of kidnapping and harm to petitioner’s family members evidenced a quintessentially personal motivation of revenge, not one based on membership in a social group. (Demiraj v. Holder, 1/11/11)

February 2011 Visa Bulletin

DOS Visa Bulletin for February 2011. Section C addresses advance notification of diversity (DV) immigrant category rank cut-offs which will apply in March. Section D addresses retrogression of family cut-off dates.

Multiple Field Office closings on 1/12/11 due to inclement weather

USCIS announcement of multiple Field Office closings on 1/12/11 due to inclement weather. Please note that if an office is closed due to weather-related events, USCIS will automatically reschedule all appointments.

Erroneous report of current availability for the India EB-2 category

Information from Charlie Oppenheim of the DOS Visa Office explaining the erroneous report of current availability for the India EB-2 category.

(SEVP) approved schools updated

On 1/5/11, ICE updated its list of Student and Exchange Visitor Program (SEVP) approved schools.

Denial based on NOF Wage Deficiency

BALCA rejected the argument that the DOL FAQs create the impression that the Notice of Filing (NOF) need only include the prevailing wage, and affirmed the CO’s denial where the NOF contained a wage less than that offered to the alien. (Matter of Alum-A-Lift, 1/3/11).

BALCA rejected the argument that the NOF was sufficient

The “offered wage” is the wage offered to the alien at the time the ETA 9089 is filed. BALCA rejected the argument that the Notice of Filing (NOF) was sufficient where the employer raised the wage after posting to a rate above the NOF range. (Matter of O’Brien & Van Stiphout, 1/3/11)

Form M-767 – Important Information for New Citizens

USCIS Form M-767, Important Information for New Citizens, includes information and resources for new U.S. citizens, including citizenship rights and responsibilities, as well as how to update social security information, register to vote, apply for a U.S. passport, and more.

Aggravated Felony conviction a deportable offense

The court discussed the circuit split on whether the Anti-Drug Abuse Act, which made an aggravated felony conviction a deportable offense, can be applied to pre-ADAA convictions, but denied the petition for failure to exhaust. (Alvarado-Fonseca v. Holder, 1/6/11)