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Court Grants CAT Relief to Woman Who Would Be Subject to an “Honor Killing” or “Protective Custody” in Jordan

The Sixth Circuit granted the petition for review of the BIA’s denial of relief under the Convention Against Torture (CAT), holding that given the likelihood that the petitioner would be subject to involuntary imprisonment at the hands of the Jordanian authorities, resulting in mental pain and suffering, the BIA erred in concluding that the petitioner failed to establish that it was more likely than not that she would be tortured upon removal to Jordan.

Not-Guilty Verdict Found in Case Pushed by Trump in Immigration Debate

Politico reports on the not-guilty verdict issued by a jury yesterday in the trial of Mexican national Jose Ines Garcia Zarate for the murder of Kate Steinle in San Francisco in 2015. In response to the verdict, both Attorney General Jeffrey Sessionsand ICE Deputy Director Tom Homan issued statements accusing officials in so-called “sanctuary cities” of endangering their constituents.

not-guilty verdict

Don’t have a sponsor? Try the Extraordinary Alien Petition

Question: I have lots of years of experience and lots of publications and awards. However, I don’t have an employer to sponsor me. Is there any other option?

Answer:  There might be. EB1-A or EB1-EA is a subgroup of first preference employment-based immigration (EB-1). This immigration preference category is for foreign nationals of extraordinary ability in the sciences, arts, education, business, or athletics. According to federal immigration law, such persons are not required to have a prospective employer (unlike EB1-B and EB1-C, and other preference categories), but they must be entering to continue to work in their chosen field, and they must substantially benefit prospectively in the U.S. In addition, the petitioner has to show that the foreign person sustained national or international acclaim with recognized achievements. This is the requirement that is most difficult to prove.

Question: What is needed to prove this particular petition?

Answer: While it is not easy, there are a specified list of items upon which we can try to put the supporting evidence.

Receipt of lesser nationally or internationally recognized prizes or awards for excellence in the field of endeavor. Membership in an association that requires outstanding achievement as a condition of membership in the field for which the classification is sought. Published material about the foreign person or his or her work in professional, trade journals, or major media publications. (These items must include title, date, author, and must be translated into English)
The foreign person’s participation, on a panel or individually, as a judge of the work of others in the same or a related field. Evidence of original contributions, usually through publication, of major significance in the foreign national’s fields of science, scholastic, artistic, or athletic

Federal Judge Blocks Trump’s Third Travel Ban

oday a federal judge largely blocked the Trump administration from implementing the latest version of the president’s controversial travel ban, setting up yet another legal showdown on the extent of the executive branch’s powers when it comes to setting immigration policy. The latest ban was set to fully go into effect in the early morning hours of Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea, and Venezuela. Judge Derrick K. Watson in Hawaii wrote that the latest ban “suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States.

BAN

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Immigration lawyer

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Fraudulent Marriage to Procure Adjustment of Status

The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).

Marriage fraud

Marriage fraud scheme

AOS

Adjustment granted with marriage fraud allegations

Court Upholds BIA’s Determination That Petitioner Entered into Fraudulent Marriage to Procure Adjustment of Status

The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).

Trump’s Refugee Ban Ends as White House Preps New Screening Rules

PBS reports that President Trump’s March 6, 2017, Executive Order, which included a four-month worldwide ban on refugees entering the United States, expired today. Refugees seeking entry to the United States will now face what officials have described as a more stringent and thorough examination of their backgrounds, in line with the Trump “extreme vetting” policy for immigrants. AILA has also provided updated Talking Points on President Trump’s September 24, 2017, proclamationrestricting travel to the United States by foreign nationals from certain countries, including information on litigation blocking certain aspects of the proclamation

https://cbocalbos.wordpress.com/tag/refugee/

https://cbocalbos.wordpress.com/tag/refugees/

https://cbocalbos.wordpress.com/tag/refugee-resettlement/

https://californiaimmigration.us/information-regarding-asylum-refugee-and-relative-petitions-to-the-us-to-be-offered-by-the-government/

USCIS Will No Longer Provide Deference to Prior Adjudications for Nonimmigrant Petitions

USCIS issued a policy memorandum that supersedes and rescinds the April 23, 2004, memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015, policy memorandum titled “L-1B Adjudications Policy.” The memorandum, which is effective immediately, provides updated guidance that makes clear that the burden of proof remains on the petitioner even where an extension of nonimmigrant status is sought, and that adjudicators must apply the same level of scrutiny to both initial petitions and extension requests even where the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition.

L-1B

Nonimmigrant visa

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L-1 meaning

Employment-Based Adjustment Interviews

As of October 2, 2017, all I-140-based adjustment of status applicants are being required to appear for an in-person interview at a USCIS Field Office.

Employment based immigration

Employment based immigration attorney

Employment based interviews

Family and employment based applicants on the rise

What is the U.S. coming to:

The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in Laredo, Texas, when she was three months old, was being transferred from a medical center in Laredo to a hospital in Corpus Christi around 2:00 am on Tuesday when Border Patrol agents stopped the ambulance she was riding in. The agents allowed her to continue to hospital but followed the ambulance the rest of the way there, then waited outside her room until she was released from the hospital.

DACA Attorney

DACA immigration attorney

DACA meaning

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