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Visa Interview Wait Times Drop in Brazil

DOS press release announcing that in January 2012, U.S. Mission Brazil processed more than 86,000 visa applications, an increase of 60% over January 2011. Visa interview wait times in Sao Paulo, the Department’s busiest NIV processing post, are less than 30 days.

BALCA Reverses Denial, Finds Nexus between Ads and Position on ETA 9089

BALCA found that where the job title on the ETA 9089 (Business Dev. Specialist) was different from that listed in the ads (Business Dev. VP) there was still a sufficient nexus between the ads and the ETA 9089.

Sign-on Initial Comments to USCIS Recommending Considerations for the Development of the Proposed Stateside Waiver Rule

On 2/24/12, AILA joined immigration advocacy organizations in sending initial comments for USCIS to consider as it develops the proposed rule to implement stateside processing of provisional waivers of inadmissibility for certain aliens.

U.S. Embassy Lisbon No Longer Processing Immigrant or Diversity Visas

DOS announcement that the U.S. Embassy in Lisbon and the U.S. Consulate General in Ponta Delgada will no longer process immigrant visas or diversity visa applications as of 3/1/12.

CA5 on Ineffective Assistance and Derivative Citizenship

The court found that the appellant’s attorney failed to independently research the appellant’s derivative citizenship defense before advising him plead guilty to falsely claiming U.S. citizenship and to an illegal re-entry charge.

Yale Law School Files Class Action Challenging Detainers

Class action lawsuit filed by Yale Law School’s Worker and Immigrant Rights Advocacy Clinic, challenging the use of immigration detainers in Connecticut. The lawsuit, filed on 2/13/12, argues that immigration detainers violate the Fourth, Tenth, and Fourteenth Amendments.

CA2 Finds IJs Can Decline to Make Frivolousness Finding

The court held that an IJ can find that a noncitizen filed a frivolous asylum application even when the noncitizen has withdrawn her application, but also held that an IJ retains discretion to decline to make a “frivolousness finding.”

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