On April 17, 2017, the Administrative Appeals Office (AAO) designated its opinion in this case as an Adopted Decision, establishing policy guidance binding all USCIS employees. The decision holds that… CONTINUE
Voluntary Departure from the United States
How does voluntary departure from the United States and I received the Notice to Appear? If someone receives a notice to appear then leaves the U.S., the system may not… CONTINUE
BIA Holds That, Under The Adam Walsh Act And INA §204(a)(1)(viii)(I), A Petitioner Is “Convicted” Of An Offense Where A Formal Judgment Of Guilt Is Entered By A Court Or, If Adjudication Of Guilt Was Withheld, Where A Plea, Finding, Or Admission Established His Or Her Guilt And A Judge Ordered Some Form Of Punishment, Penalty, Or Restraint On Petitioner’s Liberty
On January 12, 2017, the Board of Immigration Appeals (BIA or Board) decided the appeal of an I-130 immigrant visa petition denied by the Service Center Director (Director) on the… CONTINUE
BIA Holds Definition Of Perjury Under INA §101(a)(43)(S) Requires A Knowing Material False Statement Under Oath Where An Oath Is Authorized By Law And, Thus, A Conviction For Perjury In Violation Of California Penal Code §118(a) Qualifies As An Aggravated Felony Per §(a)(43)(S).
On December 29, 2016, in a case remanded by the Ninth Circuit Court of Appeals, the Board of Immigration Appeals (BIA or Board) upheld the decision of the Immigration Judge… CONTINUE
AAO Sets Forth New Standard For Granting Of National Interest Waiver, Vacates Matter of New York State Department Of Transportation, 22 I&N Dec. 215 (Acting Associate Commissioner, 1998).
On December 27, 2016, the Administrative Appeals Office (AAO) revisited the analytical framework for assessing national interest waiver (NIW) eligibility via the appeal of a Texas Service Center denial of… CONTINUE
Immigration Appeals
There are very few immigration appeals from an immigration judge’s decision available. As a general rule, regardless what you think is going on with your case after the Master Calendar… CONTINUE
A Summary of President Trump’s Executive Orders of January 27, 2017
On January 27, 2017 President Trump issued the following three executive orders: Executive Order Number One Executive Order Number One was a border security and immigration enforcement improvement executive order… CONTINUE
Do I Need to Have a Lawyer at my Master Calendar Hearing?
You should have a lawyer at your Master Calendar Hearing. In fact, if you do not, the judge is instructed to ask if you would like to be represented and… CONTINUE
Master Calendar Hearings – Locations
Master Calendar Hearings on deportation issues can be set wherever there is an Immigration Court. There is not one in every major city. For example, Sacramento doesn’t have an Immigration… CONTINUE
Prosecutorial Discretion and “Tiers”
There is some prosecutorial discretion given to the DHS attorneys when it comes to the deportation process. If they look at the Notice To Appear and feel that there is… CONTINUE
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