United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked: “If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer […]
U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents. The card looks similar to the current Employment Authorization […]
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The Board of Immigration Appeals held in Matter of Nelson 25 I&N Dec. 410 (BIA 2011): “Once an alien has been convicted of an offense that stops the accrual of the 7-year period of continuous residence required for cancellation of removal under section 240A(a) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(a) (2006), section 240A(d)(1) of the Act does […]
The Department of State has released the Visa Bulletin for March 2011. Petitioning for foreign born employees and family members can be a far more complicated process without the assistance of a good attorney. If you have family members you would like to invite to the United States or if you wish to petition for employees, contact the Law Offices […]
In a refreshing decision, the Fourth Circuit Court of Appeals remanded an MS-13 El Salvador gang case back to the Board of Immigration Appeals after determining that the respondent did fit within a particular social group for his kinship (family) ties to his uncle who testified against the criminal gang MS-13. Both the uncle and the respondent received threats in El […]
Headnote: “In general, an alien’s conviction for a crime involving moral turpitude triggers removability under section 237(a)(2)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(A)(i) (2006), only if the alien committed the crime within 5 years after the date of the admission by virtue of which he or she was then present in the United States. Matter of Shanu, […]
In a case argued and briefed by Attorney Ricky Malik, the U.S. Fourth Circuit Court of Appeals issued a published decision on January 19, 2011 denying the asylum, withholding and Convention against Torture (CAT) claims of one of our clients. Our client was seeking asylum and related protection in the United States based on his fear of returning to El […]
The Fourth Circuit Court of Appeals analyzed whether a VA Code 18.2-251 dismissal qualifies as a conviction for Immigration purposes per INA 101(a)(48)(A) even though it was a deferred adjudication. In Crespo v. Holder, the respondent did not plead guilty, and even though the judge found facts justifying a finding of guilty. The court felt that Congress in writing the Immigration laws […]
“This Policy Memorandum (PM) provides guidance regarding the analysis that U.S. Citizenship and Immigration Service (USCIS) officers who adjudicate these petitions should use when evaluating evidence submitted in support of Form I-140, Immigrant Petition for Alien Worker, filed for: Aliens of Extraordinary Ability under section 203(b)(1)(A) of the Immigration and Nationality Act (INA); Outstanding Professors or Researchers under section 203(b)(1)(B) […]
