USCIS issued a policy memo designating the AAO decision in Matter of Z-R-Z-C- as an adopted decision, holding that TPS beneficiaries who travel abroad will, upon their return, retain the same immigration status that they had at the time of their departure.
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On October 11, USCIS issued 3 adopted Administrative Appeals Office decisions that clarified the requirements for a Special Immigrant Juvenile (SIJ) classification. On November 19, USCIS updated its policy manual to reflect those decisions. The three clarifications are that 1) the petitioner must have been a juvenile under relevant state law when the juvenile court order was issued; 2) the court’s intervention must have provided relief from abuse, neglect, or abandonment, and cannot be just a statement that the juvenile is dependent on the court; and 3) it is no longer required to show that a state court had the authority to place a petitioner in the custody of an unfit parent in order to make a determination regarding parental reunification for purposes of SIJ classification.
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Officer seemed to have it in for the same sex couple and denied the petition. We appealed to AAO and it was reversed granting client Lawful Permanent Residency
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In a non precedent decision, the AAO held that the petitioner, a judo athlete transitioning his career from competing to coaching, met the burden of proof necessary to establish his eligibility as an individual “of extraordinary ability” in athletics pursuant to INA §203(b)(1)(A).
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In a nonprecedent decision, the AAO granted the motion to reopen and remanded, finding that the applicant met all of the Lozada requirements, and satisfied his burden of showing that his delay in filing for Temporary Protected Status (TPS) was due to the ineffective assistance of an individual impersonating an attorney.
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In a nonprecedent decision, the AAO sustained an appeal of a Form I-212, finding that although the applicant was removed in 2012 for being an intending immigrant, there is no indication she misrepresented her intentions or willfully violated the terms of a prior admission in 2011 as a B-2 visitor.
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The AAO sustained the appeal of an L-1A petition, finding that the beneficiary will be employed in a managerial capacity in his role as senior technical manager in transceiver engineering and that the beneficiary will assume the same position in the U.S. that he currently holds abroad. Courtesy of Clark Trevor.
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In an unpublished 2/6/12 decision, the AAO granted a 212(i) waiver. The AAO found that the applicant’s U.S. citizen spouse would face emotional, psychological, and financial hardships upon separation from the applicant.
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AAO Processing Times as of January 1, 2012.
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In a 12/29/11 decision, the AAO concluded that the applicant was not inadmissible under § 212(a)(9)(C)(i)(II), where the applicant was removed and subsequently reentered the US before April 1, 1997 and later concurrently filed an I-485 and I-212.
Filed under: Immigration Attorney | Tagged: 212(a)(9)(C), AAO, Atty.Brian D. Lerner, Immigration Lawyer, inadmissible | 4 Comments »
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