The last comprehensive legalization program had a filing deadline of sunset on April 30, 2001. In general, section 245(i) of the Immigration and Nationality Act allowed an otherwise admissible alien who has an immediately available immigrant visa to apply for adjustment of status upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection in […]
The U.S. Department of Justice’s Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (quite a mouthful) released information pertaining to recent Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) renewals. This information is designed to protect employees as well as to encourage employers to follow the law. Every TPS renewal period, our office is overwhelmed with […]
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All too often any criminal sentence imposed is considered the actual punishment in the Immigration context. The Board of Immigration Appeals addressed this issue 15 years ago in Matter of Esposito, 21 I&N Dec. 1 (BIA 1995). “For purposes of section 212(a)(10) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(10) (1988), and its successor provision at section 212(a)(2)(B) […]
The Fourth Circuit Court of Appeals joined the Second and Sixth Circuit to affirm the Board of Immigration Appeals’ decision in Matter of Briones, 24 I&N Dec. 355 (BIA 2007). The Fourth Circuit determined that an applicant who seeks to adjust status under INA 245(i) (8 USC 1255(i)) does not automatically over come INA 212(a)(9)(C)(i)(I)’s bar. INA 212(a)(9)(C)(i)(I) deems a foreign national inadmissible if […]
It seems that this decision can have far-reaching consequences. The concept of admission and being admitted forms one of the cornerstones of adjusting status in the United States to Lawful Permanent Resident (LPR or green card status). This decision could open the door allowing TPS holders to adjust status based on their “admission” pursuant to INA 244. Or possibly for […]
“The writ of coram nobis is an ancient common-law remedy designed “to correct errors of fact.” United States v. Morgan , 346 U. S. 502, 507 (1954). In American jurisprudence the precise contours of coram nobis have not been “well defined,” Bronson v. Schulten , 104 U. S. 410, 416 (1882), but the writ traces its origins to the King’s Bench and the Court of Common Pleas. United States v. Plumer , 27 F. Cas. 561, […]
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