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District Court Complaint Alleges Immigration Actions Violate the Constitution and the APA

Fourteen states and four governors filed a complaint in the U.S. District Court for the Southern District of Texas seeking declaratory and injunctive relief, alleging that the Obama Administration’s executive actions on immigration violate the Constitution’s Take Care Clause and that DHS failed to follow the APA rule-making process before moving to implement the president’s order. The lawsuit further states that the action will “trigger a new wave of undocumented immigration” and that DACA “led directly to a flood of immigration across the Texas-Mexico border.”

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USCIS to No Longer Accept Prior Editions of Form I-129 as of 2/23/15

USCIS released a new I-129 Form, Petition for a Nonimmigrant Worker, containing an edition date of October 23, 2014. After February 23, 2015, USCIS will only accept the October 23, 2014 edition.

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https://californiaimmigration.us/immigration-judicial-review-of-denied-i-129-and-i-140/

AAO Finds CSC Overlooked Evidence

The AAO sustained the appeal of an L-1A petition, finding that the beneficiary will be employed in a managerial capacity in his role as senior technical manager in transceiver engineering and that the beneficiary will assume the same position in the U.S. that he currently holds abroad. Courtesy of Clark Trevor.

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https://californiaimmigration.us/aao-finds-occupation-of-%e2%80%9cmarket-research-analyst%e2%80%9d-does-not-require-specified-field-study-for-master%e2%80%99s-degree/

Visa petition case

http://ow.ly/xlVRo (1) In a visa petition case involving the Adam Walsh Child Protection and Safety Act of 2006, Pub. L. No. 109-248, 120 Stat. 587, the petitioner bears the burden of proving that he has not been convicted of a “specified offense against a minor.”

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Another win for the Law Offices of Brian D. Lerner

http://ow.ly/wOHEf Another win for the Law Offices of Brian D. Lerner:
Client with a prior order of removal, 2 DUIs and 3 DV convictions was granted a $9,000 bond by Immigration Judge. Client was detained in excess of 6 months pending a decision on his reasonable fear interview and a prior I-589 that was never adjudicated.

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The EB-1 Cap

http://youtu.be/jhFdyQwi0Vo
The EB-1 Category – No PERM Required.

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BIA on §237(a)(1)(H)

http://ow.ly/vx9wD BIA on §237(a)(1)(H) Waiver Eligibility
In an unpublished decision, the BIA agreed with the IJ that the respondent was statutorily eligible for a waiver of deportability under §237(a)(1)(H) as a matter of discretion, even though he failed to disclose his time in the Serbian Army on his refugee application.

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Forms I-730

USCIS will begin transferring responsibility for adjudicating Forms I-730, Refugee/Asylee Relative Petition, from service centers to USCIS international field offices. The first phase begins today and only involves cases with beneficiaries residing in China. USCIS will send a transfer notice when a case is sent abroad and the USCIS international field office will provide further processing information.

I-730

Form I-730

Asylum

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Wisdom on Immigration

http://ow.ly/vipTC Wisdom on Immigration
This Wall Street Journal blog reports that a few leading Republicans think there is a chance that House Speaker John Boehner may change course and bring immigration to the floor this spring or summer, after the Republican primary season is over.

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Los Angeles Times

The Los Angeles Times reports that Homeland Security officials are considering shifts in deportation policy, including focusing deportations on individuals who have been charged or convicted in court and pose a potential threat to public safety, and scaling back detentions under Secure Communities to focus only on people with criminal records.

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