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Senate Judiciary Committee Adopts Amendment Prohibiting Religion-Based Entry Bans

The Senate Judiciary Committee approved by a vote of 16-4 a nonbinding amendment authored by Senator Patrick Leahy (D-VT) that prohibits the U.S. government from barring individuals from entering the country based on their religion. “It is the sense of the Senate that the United States must not bar individuals from entering into the United States based on their religion, as such action would be contrary to the fundamental principles on which this Nation was founded,” the amendment states.

House judiciary subcommittee

Sentate Judiciary 

Asylum persecution well founded fear of persecution refugee credible fear interview 

US Immigration reform coming

2016 Visa Bulletin

DOS released the Visa Bulletin for January 2016, including the availability of immigrant numbers for “Application Final Action Dates” and “Dates for Filing Applications.” There was forward movement in the “dates for filing” and the “final action dates” for many of the family-based categories. In addition, there was forward movement in the “final action dates” for the employment-based, second preference category for India, which advanced to February 1, 2008, and for the employment-based, third preference category for China, India, Mexico, and the Philippines. The “dates for filing” for the employment-based, third preference category for Mexico advanced to January 1, 2016.

B1 visas

Business visa

B1 visa meaning

ESTA waivers and visa waivers

Abuse of Discretion ruled

BALCA held that an American Competitiveness and Workforce Improvement Act (ACWIA) wage for an institution of higher education may sample only other institutions of higher education pursuant to the regulations. Accordingly, BALCA overruled the prevailing wage determination (PWD) made by the Center Director (CD) and remanded, finding that the CD’s insistence that the employer provide a survey that sampled each type of ACWIA entity constituted an abuse of discretion.

BALCA meaning

Board of alien labor certification appeals

Abuse of discretion

Law Offices of Brian D. Lerner, APC

Prosecutorial discretion granted and deportation case administratively closed for client with 10+ years in the United States but no immediate relatives, no documented employment history or tax filings and several vehicle code arrests/convictions.  Client can now remain in the U.S. legally in hope of immigration reform in the future.

Immigration reform bills

An immigration reform

Immigration reform news

Immigration reform, what is it?

California Court Reverses Century-Old Racist Ruling

The Associated Press reports that the California Supreme Court righted what it called a “grievous wrong” on Monday by posthumously granting a law license to a Chinese immigrant whose application 125 years ago was denied solely because of his race

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https://californiaimmigration.us/us-governmental-mandates-regulations-regarding-transporting-or-illegal-immigrants/

District Court Adopts CA6 Flores Holding Regarding TPS and Adjustment of Status

The U.S. District Court for the Eastern District of Pennsylvania held that a TPS beneficiary who is eligible for an immigrant visa and has an immigrant visa immediately available to him is eligible for adjustment of status under INA §245(a), notwithstanding having originally entered the U.S. without inspection.

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https://californiaimmigration.us/adjustment-of-status/

Court Says Stop-Time Rule Has Impermissible Retroactive Effect on 1995 Theft Offense

The Fourth Circuit granted the petition for review and remanded, finding that the 1996 stop-time rule under INA §240A(d)(1) had an impermissible retroactive effect on the petitioner’s 1995 credit card theft offense and that he could be eligible for cancellation of removal since he accumulated the seven years of continuous residence.

More on Immigration Reform possible

More on Immigration Reform possible. According to The New York Times, the House Republican leadership’s outline of immigration principles will call for a path to legal status, but not citizenship, for many of the 11 million adult undocumented immigrants in this country. For immigrants brought to the U.S. as children, however, Republicans would offer a path to citizenship.

Immigration reform

Comprehensive immigration reform

Immigration reform enforcement priority

Immigration reform and DAPA. What is it?

 

 

Immigration Reform possibly coming

House Minority Leader Nancy Pelosi said she spoke with House Speaker John Boehner about the Republican immigration principles, and she believes they are a “good faith effort to find common ground” among Republicans and Democrats.

Immigration reform

Constitutionality of immigration reform

Immigration reform news

Immigration reform update gives hope to millions even with criminal history

The court reversed the decision of the IJ and BIA

http://www.californiaimmigration.us
The court reversed the decision of the IJ and BIA, holding that a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived.

BIA 

Board of immigration appeals

Immigration Lawyer near me

Law Offices of Brian D. Lerner