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Federal Judge Blocks Trump’s Third Travel Ban

oday a federal judge largely blocked the Trump administration from implementing the latest version of the president’s controversial travel ban, setting up yet another legal showdown on the extent of the executive branch’s powers when it comes to setting immigration policy. The latest ban was set to fully go into effect in the early morning hours of Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea, and Venezuela. Judge Derrick K. Watson in Hawaii wrote that the latest ban “suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States.

BAN

Immigration attorney

Immigration lawyer

Our Immigration Law Firm

Fraudulent Marriage to Procure Adjustment of Status

The Eighth Circuit denied the petition for review, holding that the BIA’s determination that the petitioner attempted to procure an adjustment of status by willfully misrepresenting that his marriage to a U.S. citizen was bona fide was supported by substantial evidence that the marriage was a sham. The court found that the unrefuted testimony and documentary evidence submitted by DHS was sufficient to prove that the marriage was fraudulent under INA §212(a)(6)(C)(i), and therefore that the petitioner was removable pursuant to INA §237(a)(1)(A).

Marriage fraud

Marriage fraud scheme

AOS

Adjustment granted with marriage fraud allegations

Trump’s Refugee Ban Ends as White House Preps New Screening Rules

PBS reports that President Trump’s March 6, 2017, Executive Order, which included a four-month worldwide ban on refugees entering the United States, expired today. Refugees seeking entry to the United States will now face what officials have described as a more stringent and thorough examination of their backgrounds, in line with the Trump “extreme vetting” policy for immigrants. AILA has also provided updated Talking Points on President Trump’s September 24, 2017, proclamationrestricting travel to the United States by foreign nationals from certain countries, including information on litigation blocking certain aspects of the proclamation

https://cbocalbos.wordpress.com/tag/refugee/

https://cbocalbos.wordpress.com/tag/refugees/

https://cbocalbos.wordpress.com/tag/refugee-resettlement/

https://californiaimmigration.us/information-regarding-asylum-refugee-and-relative-petitions-to-the-us-to-be-offered-by-the-government/

USCIS Will No Longer Provide Deference to Prior Adjudications for Nonimmigrant Petitions

USCIS issued a policy memorandum that supersedes and rescinds the April 23, 2004, memorandum titled “The Significance of a Prior CIS Approval of a Nonimmigrant Petition in the Context of a Subsequent Determination Regarding Eligibility for Extension of Petition Validity” and section VII of the August 17, 2015, policy memorandum titled “L-1B Adjudications Policy.” The memorandum, which is effective immediately, provides updated guidance that makes clear that the burden of proof remains on the petitioner even where an extension of nonimmigrant status is sought, and that adjudicators must apply the same level of scrutiny to both initial petitions and extension requests even where the petitioner, beneficiary, and underlying facts are unchanged from a previously approved petition.

L-1B

Nonimmigrant visa

Nonimmigrant petition

L-1 meaning

Employment-Based Adjustment Interviews

As of October 2, 2017, all I-140-based adjustment of status applicants are being required to appear for an in-person interview at a USCIS Field Office.

Employment based immigration

Employment based immigration attorney

Employment based interviews

Family and employment based applicants on the rise

What is the U.S. coming to:

The New York Times reports that a 10-year-old girl with cerebral palsy has been detained by federal immigration authorities in Texas after she passed through a Border Patrol checkpoint on her way to a hospital to undergo emergency gall bladder surgery. The girl, Rosamaria Hernandez, who was brought to the United States without documentation to live in Laredo, Texas, when she was three months old, was being transferred from a medical center in Laredo to a hospital in Corpus Christi around 2:00 am on Tuesday when Border Patrol agents stopped the ambulance she was riding in. The agents allowed her to continue to hospital but followed the ambulance the rest of the way there, then waited outside her room until she was released from the hospital.

DACA Attorney

DACA immigration attorney

DACA meaning

Immigration DACA

Waiver Application

The Seventh Circuit dismissed in part and denied in part the petition for review, holding that it lacked jurisdiction to review the BIA’s discretionary decision to deny the Bosnian Serb petitioner’s application for a waiver of removal under INA §237(a)(1)(H). Accordingly, the court upheld the BIA’s determination that the petitioner, who had failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s when he applied for refugee status, was removable based on fraud.

Fee waiver

Fraud waiver

New waiver

Waivers

Court Finds Violation of Illinois Statute Pertaining to Possession of Weapons by Felons Is Not an Aggravated Felony

The Seventh Circuit granted the petition for review and remanded, finding that the LPR petitioner, who had been convicted of a felony and was subsequently convicted of possessing a weapon in violation of 720 ILCS 5/24–1.1(a), was not convicted of an aggravated felony pursuant to INA §101(a)(43). The court held that Illinois’s definition of a “firearm” is broader than that of its federal counterpart, and thus a conviction under the statute could not be treated as an aggravated felony.

Aggravated felony

Felony meaning

Felony conviction

Directors of washington comoany pleas guilty to felony Immigration violations

BALCA overturned the Certifying Officer+s denial of the labor certification

BALCA overturned the Certifying Officer’s denial of the labor certification, finding that the regulations that control placement of Sunday ads versus local and ethnic ads differ, and that the employer was not required to place the local ad in the newspaper “most likely to bring responses.”

BALCA overturns denial main

BALCA denial

Board of alien labor certification appeals

BALCA affirms LC denial due to notice of filing deficiency

Asylum: questions and answers

If you have come to the U.S. as a refugee or been granted asylum in the U.S. — whether from the Asylum Office of U.S. Citizenship and Immigration Services or by an Immigration Judge in court — you are now allowed to live in the U.S., accept U.S. employment, and travel and return (with a refugee travel document in place of a passport).

Additional rights will become yours with time, such as that to apply for a U.S. green card after one year, and to apply for U.S. citizenship four years after that. Learn more about how to protect and make the best use of your refugee or asylum status here. However, you MUST apply for the Green Card after the one year grant. It is not automatic and will not happen unless you apply.

Question: Can I bring my spouse and children into the U.S. now?

Answer: Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum. If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member.

For your spouse to be eligible for asylum, the two of you must have been legally married (that is, with a government-issued certificate) before you were granted asylum. For your children to be eligible, they must be unmarried and younger than 21. Thereafter, once you qualify for the Green Card or residency, they will as well.

Asylum and withholding of removal

Appeal asylum

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How to apply for political asylum