Eric Holder vacated the BIA’s order and remanded the matter to the BIA to determine whether and how the constitutionality of the Defense of Marriage Act impacts respondent’s eligibility for cancellation of removal, see Matter of Dorman. DOJ Secretary Eric Holder announced that he has vacated — or essentially wiped…
The Labor Department just announced protocols for certifying U visa applications, and that the U visa certification process will be handled by the Wage and Hour Division’s regional administrators. What is a U Visa The Victims of Trafficking and Violence Protection Act of 2000 created two new nonimmigrant visas for…
Drug convictions and Immigration Laws are very complicated and require careful analysis. The good news is that a person cannot be deported from the U.S. for Possession of Marijuana as long as the amount does not exceed 30 grams. However, a conviction for any other type of marijuana offense other…
Many readers were emailing us for an update on the Visa Waiver overstay saga. Here is the latest: Our Lawyer’s Association and all fellow attorneys are concerned that USCIS has not yet provided guidance to the field with respect to the eligibility of an alien who was admitted under the…
On August 18, 2010 we were the first to report the new trend coming from some local Immigration offices, mainly San Diego, regarding Visa Waiver overstay Issues. Click here to read the post as well as the Adjustment of Status denial we posted that same week. We are happy to…
We has learned that the USCIS hold on adjudication of cases involving same-sex partners has been lifted. An announcement by immigration officials in Washington on Monday that they were delaying decisions on some immigration cases involving gay couples led to a surge of expectations among gay advocates that the Obama…
UPDATE: Facing GOP objections, Democrats are putting aside the Dream Act. They’re short of the 60 votes needed to advance the measure. Democratic officials say they’ll to move the House-passed version after the Senate acts on funding the government and extending tax cuts. Republicans have said they won’t agree to…
Here is a quick update from the field. Processing waiver applications is the main work of the USCIS office at the consulate. Naturally, the consulate makes an initial determination of inadmissibility. If the applicant is eligible to submit a waiver, he or she is instructed to phone the Teletech Call…
Below is a summary of the December 2010 Visa Bulletin with respect to employment-based petitions: * EB-1 remains current across the board. * EB-2 Line ( World), Mexico and Philippines remain current, EB-2 China moves forward by one (1) week to June 8, 2006, while EB-2 India remains (again, for…
House Speaker Nancy Pelosi wants to push for a vote during the lame-duck session on a bill that would legalize young, undocumented immigrants if they attend college or serve in the military, according to Democratic sources familiar with a leadership conference call Wednesday. A vote on the bill, known as…