BIA Holds That Where One Who Was Previously Present In The U.S. Without Being Admitted Or Parole Has His Or Her Temporary Protected Status (TPS) Terminated, He Or She Remains… CONTINUE
BIA Rules on Claim of Ineffective Assistance of Counsel…
BIA Holds That Attorney’s Acceptance Of Responsibility For Error Does Not Discharge The Disciplinary Authority Complaint Obligation Under Matter Of Lozada, 19 I&N Dec. 637 (BIA 1988), Particularly Where The… CONTINUE
Filing a Frivolous Asylum Claim
BIA Holds That, Absent A Showing Of Prejudice On Account Of Ineffective Assistance Of Counsel, Or A Showing That Clearly Undermines The Validity And Finality Of The Finding, It Is… CONTINUE
AG Erases Duress Exception For Persecutors Seeking Asylum
ATTORNEY GENERAL HOLDS THAT THE PERSECUTOR BAR TO ELIGIBILITY FOR ASYLUM AND WITHHOLDING OF REMOVAL DOES NOT INCLUDE AN EXCEPTION FOR COERCION OR DURESS. DHS DOES NOT HAVE AN EVIDENTIARY… CONTINUE
H-1B Work Visa Update
How To Apply for H-1B Work Visa Status For university graduates and other professionals seeking to work temporarily in the United States, the H-1B program provides an opportunity to work… CONTINUE
Marriage Was Fraudulent for Purpose of Evading Immigration
On October 30, 2020, the Board of Immigration Appeals (BIA or Board) dismissed the appeal of an I-130 petitioner who sought to classify her husband as her Immediate Relative spouse…. CONTINUE
BIA Holds That Torturous Conduct Committed By A Public Official Who Acts “In An Official Capacity,” That Is, “Under Color Of Law,” Is Covered By The Convention Against Torture, But Such Conduct By An Official Who Is Not Acting In An Official Capacity, Known As A “Rogue Official,” Is Not Covered By The Convention. The Key Consideration In Determining If A Public Official Was Acting Under Color Of Law Is Whether He Was Able To Engage In Torturous Conduct Because Of His Government Position Or If He Could Have Done So Without A Connection To The Government.
On December 6, 2019, the Board of Immigration Appeals (BIA or Board) in a lengthy and extensively footnoted decision, dismissed the appeal of a respondent whose applications for political asylum,… CONTINUE
One Seeking Asylum Or Withholding Of Removal Based On Membership In A Particular Social Group (PSF) Must Clearly Delineate The Proposed Group On The Record Before The Immigration Judge (IJ). The BIA Will Generally Not Address A Newly Articulated PSG On Appeal If It Was Not Advanced Before The IJ.
On January 19, 2018, the Board of Immigration Appeals (BIA or Board), in dismissing the appeal of a Honduran citizen, issued a decision which arguably adds to the burden of… CONTINUE
What is the process by which someone marrying a U.S. citizen would get a green card?
Determining the green card process depends on whether the noncitizen spouse is in the U.S or not. If he or she is in the U.S. it is possible they can… CONTINUE
