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District Court Blocks Portions of Alabama HB 56; Allows Key Parts to Stand

On 9/28/11 the district court blocked portions of Alabama HB 56 from taking affect, including provisions that make it a crime for illegal residents to apply for a job, but let key portions stand, including those which allow police and schools to ask about immigration status.

https://atomic-temporary-10880024.wpcomstaging.com/tag/alabama-hb-56/

https://atomic-temporary-10880024.wpcomstaging.com/tag/immigrationattorney/

https://atomic-temporary-10880024.wpcomstaging.com/tag/american-immigration-attorney/

https://californiaimmigration.us/our-immigration-law-firm/

DOS to Open DV-2013 Registration on 10/4/11

DOS press release announcing that the 2013 Diversity Visa Program (DV-2013) will open at noon (EDT) on Oct. 4, 2011, and will close at noon (EDT) on Nov. 5, 2011. Applicants must submit their entries electronically. Additional information on DV-2013 is provided.

https://atomic-temporary-10880024.wpcomstaging.com/tag/diversity-immigrant-visa-program/

https://atomic-temporary-10880024.wpcomstaging.com/tag/visa-program/

https://atomic-temporary-10880024.wpcomstaging.com/tag/diversity-visa-program/

https://californiaimmigration.us/2011-diversity-visa-lottery-program-registration-starts-october-2nd/

DOL Final Rule Delaying the Effective Date of the Wage Methodology for the H-2B Program

DOL final rule announcing that ETA is postponing the effective date of the Wage Methodology for the H-2B Program for a period of 60-days, until 11/30/11, due to pending legal challenges.

https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2a-and-the-h-2b-nonimmigrant-worker-programs/

https://atomic-temporary-10880024.wpcomstaging.com/tag/dhs-advance-copy-of-a-notice-on-the-identification-of-foreign-countries-in-the-h-2a-and-the-h-2b-nonimmigrant-worker-programs/

https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b/

https://californiaimmigration.us/permanent-resident-status-h-1b-and-h-2b-program-information-data-to-be-released/

CA9 Finds ELF Is a Terrorist Organization; Grants Deferral under CAT

The court upheld the BIA’s findings that the Eritrean Liberation Front is a Tier III terrorist organization and that Petitioner engaged in terrorist activities, but finding the possibility of torture more likely than not, granted deferral.

https://atomic-temporary-10880024.wpcomstaging.com/tag/cat/

https://atomic-temporary-10880024.wpcomstaging.com/tag/convention-against-torture-cat/

https://atomic-temporary-10880024.wpcomstaging.com/tag/convention-against-torture/

https://californiaimmigration.us/convention-against-torture-granted/

CA7 Rejects Asylum Claim Based on Fear of Retribution from Co-Defendants

The court rejected Petitioners’ claim that the U.S. must grant them asylum because it placed them in danger by inducing their cooperation in a criminal visa fraud case, noting that the S visa might be more appropriate.

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/

https://atomic-temporary-10880024.wpcomstaging.com/tag/adjudication-of-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/asylum/

CA2 Says Petitioner’s Undocumented Husband Was “Available” to Testify

The court held that Petitioner’s undocumented husband was “available” to testify despite his fear of apprehension, noting that he would have been eligible for derivative asylum status and had every incentive to testify on his wife’s behalf. (Chen v. Holder, 9/23/11)

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum-2/

https://atomic-temporary-10880024.wpcomstaging.com/tag/appeal-asylum/

https://atomic-temporary-10880024.wpcomstaging.com/tag/asylum/

https://californiaimmigration.us/asylum/

CA3 Says Ten-Year Bar to Admissibility Trumps §245(i) Adjustment

The court gave deference to the BIA’s reasonable statutory interpretation that the ten-year bar under INA §212(a)(9)(B)(i)(II) precludes adjustment of status under INA §245(i) and denied the petition for review.

DOL Delays Revision of the Wage Methodology for the H-2B Program

DOL press release announcing that it will postpone the effective date of the H-2B wage methodology final rule for a period of 60 days, from 9/30/11 to 11/30/11. The postponement is intended to avoid administering the H-2B program under potentially conflicting court orders.

https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b/

https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b-cap-count/

https://atomic-temporary-10880024.wpcomstaging.com/tag/h-2b-program/

https://californiaimmigration.us/permanent-resident-status-h-1b-and-h-2b-program-information-data-to-be-released/

USCIS Announces FY2011 Citizenship and Integration Grant Program Recipients

USCIS press release announcing $9 million in grants awarded to 42 organizations in 27 states and Washington, D.C., to expand citizenship preparation programs for permanent residents. The funding was awarded through the agency’s Citizenship and Integration Grant Program.

https://atomic-temporary-10880024.wpcomstaging.com/tag/claim-to-us-citizenship/

https://atomic-temporary-10880024.wpcomstaging.com/tag/citizenship-application/

https://atomic-temporary-10880024.wpcomstaging.com/tag/citizenship-question/

https://californiaimmigration.us/citizenship/

BIA Says IJ Scope of I-751 Review Is Not Limited to Evidence Submitted to DHS

The BIA held that the IJ should consider new evidence submitted in support of a renewed I-751 with a waiver of the joint filing requirement regardless of whether the evidence was previously considered by DHS.

https://atomic-temporary-10880024.wpcomstaging.com/tag/i-751/

https://atomic-temporary-10880024.wpcomstaging.com/tag/i-751-hardship-waiver/

https://atomic-temporary-10880024.wpcomstaging.com/tag/bia-2/

https://californiaimmigration.us/clients-i-751-conditional-residence-approved-after-5-years/