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DOS Announces Expedited Student Visa Processing

DOS press release announcing that worldwide, the maximum wait for a student visa appointment should be fewer than 15 days.

DHS Notice on Material Support and the Provision of Medical Care

DHS notice of determination, issued in accordance with INA §212(d)(3)(B)(i), describing the circumstances when the material support ground of inadmissibility may not apply with respect to the provision of medical care by the alien.

Visa Reciprocity Changes for Papua New Guinea, Romania, and Zambia

Department of State updates to the visa reciprocity tables, including new police record information for Papua New Guinea, updated contact information for Romania, and new information on marriage and divorce documentation for Zambia.

CA7 Says No §212(h) Waiver for Conspiracy to Submit False Immigration Documents

The court held that because a conviction for conspiracy to submit false immigration documents, 18 USC §1546, is grounds for removal under INA §237(a)(3), and not INA §237(a)(1), Petitioner is ineligible for a §237(a)(1)(H) waiver.

USCIS alert reminding eligible nationals of Haiti

USCIS alert reminding eligible nationals of Haiti, both first time and late re-registration applicants, to file for TPS prior to 11/15/11.

Extension of TPS

Honduran TPS

TPS meaning

The Law Offices of Brian D. Lerner

USCIS Reminds Eligible Nationals of Haiti to File for TPS

USCIS alert reminding eligible nationals of Haiti, both first time and late re-registration applicants, to file for TPS prior to 11/15/11.

Petitioner could present the error to the BIA

The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.

BIA

Board of immigration appeals

Appeal to BIA

BIA decisions

CA6 Stays Appeal Upon Discovery of Translation Error

The court found that a translation error in a medical document corroborating Petitioner’s injuries contributed significantly to the IJ’s adverse credibility finding, and stayed the appeal so that Petitioner could present the error to the BIA.

The court found that:

The court found that where a state criminal statute covers both the felony and misdemeanor conduct proscribed by 21 USC §841, it is presumed to be a felony, unless the petitioner proves he was convicted of misdemeanor conduct.

Aggravated felony

Felony meaning

What is an aggravated felony?

Is this an aggravated felony?

CA5 on Possession of Marijuana with Intent to Distribute

The court found that where a state criminal statute covers both the felony and misdemeanor conduct proscribed by 21 USC §841, it is presumed to be a felony, unless the petitioner proves he was convicted of misdemeanor conduct.