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Immigration Practice News, Summer 2014

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How will you use your summer months? Take a moment to flip through these great IPN articles to find tips and suggestions to help you prepare for busier times ahead.

 

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Recent Postings

  • 10/30/2014 Your AILA8 for October 30, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14103046.
  • 10/30/2014 Immigration Politics 2014
    AILA Advocacy Department's daily immigration reform update.
    AILA Doc. No. 12120666.
  • 10/30/2014 Free Shipping on AILA Print Publications Ends Friday
    Don't miss this chance to enjoy FREE standard shipping on print publication orders Kurzban’s, AILA’s Citizenship Guide, and more. Enter SPSHIP1014 during checkout on AILA Agora. Excludes shipping surcharges and previous/existing orders. Cannot be combined. Ends 10/31/14.
  • 10/30/2014 Using Mobile Devices to Take Digital Notes
    Have you ever handwritten a note and handed it to someone, only to have them tell you they cannot make out what you wrote? In this day and age there is no excuse for that. We have an arsenal of mobile devices that are equipped to make that pile of notes and scribbles a thing of the past.
    AILA Doc. No. 14103043.
  • 10/30/2014 AAO Sustains I-601 Waiver, Finds Spouse Will Suffer Extreme Hardship if Separated from Husband (.pdf 645 KB) Unpublished AAO decision sustaining appeal of I-601 waiver, finding the U.S. citizen (USC) spouse would face extreme medical and financial hardship if separated, and other favorable factors including ties to a USC child and steady employment warranted discretion. Courtesy of Jennifer A. Gutierrez.
    AILA Doc. No. 14103044.
  • 10/30/2014 AILA Resources on Interior Enforcement and Due Process (Updated 10/30/14)
    Effective border security and interior enforcement are essential to a functioning immigration system.
    AILA Doc. No. 12032760.
  • 10/30/2014 AILA Resources on Detainers (Updated 10/30/2014)
    Updates and resources related to Secure Communities, including AILA press statements, reports, and testimonies.
    AILA Doc. No. 11113063.
  • 10/30/2014 Selected News Clips on Artesia Pro Bono Efforts
    Want to see the Artesia Pro Bono Project impact? Check out these selected clips chronicling the work of the volunteers and the plight of the mothers and children detained there, from national outlets to local press. A big thank you to all of our volunteers and donors – past, present, and future.
  • 10/30/2014 AILA Resources on Administrative Reform 2014 (Updated 10/30/14)
    Resources on 2014 administrative reform proposals.
    AILA Doc. No. 14032850.
  • 10/30/2014 BIA Says Form I-9 Is Admissible as Evidence in Removal Proceedings (.pdf 618 KB) The BIA held that a Form I-9, Employment Eligibility Verification, is admissible in immigration proceedings to support charges of removability against a noncitizen and to determine his or her eligibility for relief from removal. Matter of Bett, 26 I&N, Dec. 437 (BIA 2014)
    AILA Doc. No. 14103042.
  • 10/30/2014 USCIS Additional Comment Request Period on Form I-907
    USCIS notice allowing an additional 30 days for comments on the Application for Premium Processing Service (Form I-907). Comments are now due 11/28/14. (79 FR 64208, 10/28/14)
    AILA Doc. No. 14103041.
  • 10/30/2014 Daily Immigration News Clips – October 30, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 30, 2014.
  • 10/30/2014 USCIS Comment Request on Form AR-11
    USCIS 60-day notice of request for comments the Alien’s Change of Address Form (AR-11). Comments are due by 12/29/14. (79 FR 64208, 10/28/14)
    AILA Doc. No. 14103040.
  • 10/30/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 4
    In this final blog post on the Artesia detention center, AILA President-Elect Victor Nieblas Pradis issues a call to action: “I challenge you and others to take the Tour of Duty in Artesia, offer help at Karnes, or work remotely on bond motions. Volunteer. Donate. Be part of the solution.”
  • 10/29/2014 BIA Holds IJ Allowed to Reopen In Absentia Order Sua Sponte
    Unpublished BIA holds provisions for rescinding in absentia order in INA 240(b)(5)(C) do not trump IJs ability to reopen proceedings sua sponte. Special thanks to IRAC. (Matter of Garcia, 8/15/14)
    AILA Doc. No. 14102948.
  • 10/29/2014 Your AILA8 for October 29, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102947.
  • 10/29/2014 BIA Remands Record In Light of Pending U Visa Application
    Unpublished BIA decision grants motion to remand in light of evidence submitted on appeal that respondent filed a U visa petition accompanied by required law enforcement certification. Special thanks to IRAC. (Matter of Urban, 8/13/14)
    AILA Doc. No. 14102946.
  • 10/29/2014 CA8 Holds Minnesota Offense of Making Terroristic Threats Is a CIMT (.pdf 502 KB) The court held the BIA permissibly categorized petitioner’s offense of making terroristic threats in violation of Minnesota statute §609.713 subd. 1 as a crime involving moral turpitude (CIMT) and did not err in concluding he was ineligible for cancellation. (Avendano v. Holder, 10/27/14)
    AILA Doc. No. 14102945.
  • 10/29/2014 CA9 Says Arizona Conviction for Criminal Impersonation Is a CIMT (.pdf 501 KB) The court held that petitioner’s conviction for criminal impersonation by assuming a false identity with intent to defraud, in violation of Arizona Revised Statutes §13-2006(A)(1), is categorically a crime involving moral turpitude (CIMT). (Hernandez de Martinez v. Holder, 10/24/14)
    AILA Doc. No. 14102944.
  • 10/29/2014 DOS FAQs for Afghan Special Immigrant Visa Applicants (.pdf 1039 KB) DOS FAQs, included in a 10/27/14 DOS alert, on the Afghan Special Immigrant Visa program. FAQ states that visa interviews are not being scheduled for Afghan SIV applicants with approved petitions as the number of applications in process exceeds the number of available visa numbers.
    AILA Doc. No. 14102943.
  • 10/29/2014 AIC Report on CBP Restrictions on Access to Counsel (Updated 10/29/14) (.pdf 598 KB) The American Immigration Council provides a summary of CBP policies related to access to counsel, based on documents obtained through a FOIA request. The summary addresses access to counsel in inspections and CBP detention, and policies on advisals of rights and the treatment of children.
    AILA Doc. No. 14101742.
  • 10/29/2014 USCIS Final Rule on Delivery of Notices of Decisions and Documents Evidencing Lawful Status
    USCIS request for comments on a final rule that explains how USCIS will issue requests, notices, cards, and original documents to applicants, petitioners, and their attorneys or accredited representatives of record. Comments are due by 12/29/14 and rule is effective 1/27/15. (79 FR 64299, 10/29/14)
    AILA Doc. No. 14102941.
  • 10/29/2014 November Litigation Section Conference Call
    The AILA Federal Court Litigation Section is hosting a one hour conference call on Thursday, November 6, at 3pm ET. Topics include: business litigation, Din v. Kerry, an update on family detention centers, an Amicus Committee update, and an AIC Legal Action Center update. Register today!
  • 10/29/2014 FY2015 H-2B Cap Count (Updated 10/29/14)
    As of 10/24/14, USCIS receipted 10,220 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This count includes 8,932 approved and 1,288 pending beneficiaries.
    AILA Doc. No. 14101744.
  • 10/29/2014 USCIS Policy Memo Use of DNA Evidence to Prove Sibling Relationships (.pdf 532 KB) USCIS policy memo stating that because probability standards for sibling-to-sibling DNA test results have not been established, USCIS may not afford evidentiary weight to sibling-to-sibling DNA test results. USCIS will, however, continue to rely on DNA testing results between parents and children.
    AILA Doc. No. 14102940.
  • 10/29/2014 Welcome New Members
    AILA would like to welcome its newest members.
    AILA Doc. No. 11123049.
  • 10/29/2014 Daily Immigration News Clips – October 29, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 29, 2014.
  • 10/29/2014 Send Us Your Feedback on Electronic Filing of I-526 EB-5 Petitions
    The AILA EB-5 Committee is soliciting member experiences filing I-526 EB-5 petitions electronically using the USCIS ELIS system. Please send us details – good and bad – relating to your experience with such filings.
    AILA Doc. No. 14041606.
  • 10/29/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 3
    This is the third of four blog posts written by AILA President-Elect Victor Nieblas Pradis who recently spent time volunteering in Artesia along with other AILA Southern California chapter members; the series shows the impact of the pro bono efforts and the lives that are being changed in Artesia.
  • 10/29/2014 AILA Liaison Notes from Teleconference with USCIS Customer Service (8/28/14) (.pdf 794 KB) AILA notes from a 8/28/14 teleconference with the USCIS Customer Service and Public Engagement Directorate on issues including new customer service initiatives, Immigrant Visa fees, G-28s, EAD expedites, ASC appointment notices, lockbox, and the production and delivery of permanent resident cards.
    AILA Doc. No. 14102960.
  • 10/28/2014 Your AILA8 for October 28, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102846.
  • 10/28/2014 House Democrats Press DHS Against Expansion of Family Detention System (.pdf 1001 KB) A 10/27/14 letter from 32 House Democrats, led by Rep. Zoe Lofgren (D-CA), to President Obama opposing expansion of the family detention system, citing concerns with the no-bond/high-bond policy, the disparity in credible fear interview rates, and the lack of child care in the facilities.
    AILA Doc. No. 14102843.
  • 10/28/2014 DOS Fact Sheet on Afghan Special Immigrant Visas (.pdf 935 KB) DOS fact sheet, included in a 10/27/14 DOS alert, on the Afghan Special Immigrant Visa program. On 8/8/14, the President signed the Emergency Afghan Allies Extension Act of 2014 which authorized the issuance of 1,000 additional visas for Afghan principal applicants by 12/31/14.
    AILA Doc. No. 14102845.
  • 10/28/2014 AILA ICE Liaison Committee Meeting Q&As (4/10/14) (.pdf 1160 KB) AILA ICE Liaison Committee questions and answers from the 4/10/14 liaison meeting with ICE, including information on prosecutorial discretion, joint motions to reopen, the parental interests directive, deferred action and stays of removal, biometrics, and U visa applicants with a final order.
    AILA Doc. No. 14102844.
  • 10/28/2014 USCIS Invitation to Teleconference on BIA Recognition and Accreditation Program (.pdf 582 KB) USCIS invitation to a 11/6/14 teleconference to discuss the standard operating procedures for BIA recognition and accreditation. The USCIS Field Operations Directorate will discuss the application process, review the steps taken at field and district offices, and answer questions.
    AILA Doc. No. 14102842.
  • 10/28/2014 DOS Alert: Additional 1,000 Afghan SIVS Available (.pdf 632 KB) DOS alert that 1,000 Special Immigrant Visas (SIVs), in addition to the 3,000 visas for Afghan principal applicants originally allocated for use in FY2014, may be issued until 12/31/14.
    AILA Doc. No. 14102841.
  • 10/28/2014 Daily Immigration News Clips – October 28, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 28, 2014.
  • 10/28/2014 USCIS Policy Guidance on Assisted Reproductive Technology (.pdf 845 KB) USCIS/DOS update to the USCIS Policy Manual on the use of Assisted Reproductive Technology (ART), indicating that non-genetic gestational mother who is also the child’s legal mother may be recognized in the same way as genetic legal mothers are treated under the INA.
    AILA Doc. No. 14102840.
  • 10/28/2014 Let Your VOICE Be Heard! Write for AILA’s Online Magazine, VOICE: An Immigration Dialogue (.pdf 638 KB) Writing for VOICE is a fantastic way to share your expertise with your peers and raise your visibility. Contact voice@aila.org to propose articles between 500 and 700 words on family– and employment-based immigration, as well as on humanitarian relief and practice management.
    AILA Doc. No. 10081762.
  • 10/28/2014 Global Migration & Legal Ethics: Unauthorized Practice of Law and Foreign Corrupt Practice Act Issues (podcast)
    This podcast broaches an emerging issue intertwining global migration with legal ethics. The discussion focuses on MR 5.5 which requires U.S. lawyers not to practice in violation of other jurisdictions' regulation of the practice of law and the ethical challenges related to complying with the FCPA.
  • 10/28/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 2
    AILA’s President-Elect Victor Nieblas Pradis spent time volunteering in Artesia along with other AILA Southern California chapter members; he authored this blog post, the second in a four-part series that shows the impact of the pro bono efforts and the lives that are being changed in Artesia.
  • 10/27/2014 Practice Pointer: Keeping Your EOIR eRegistry Account Active
    At the October 23, 2014 AILA EOIR Liaison Committee meeting, EOIR clarified several key aspects of its eRegistry program for attorneys, including how to keep an account active and how to reactivate an account. EOIR also advised the committee on upcoming features that will be added to the portal.
    AILA Doc. No. 14102749.
  • 10/27/2014 Your AILA8 for October 27, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102748.
  • 10/27/2014 NSC Liaison Q&As from Asylum/Refugee Issues Teleconference (10/9/14) (.pdf 479 KB) The NSC Liaison Committee’s unofficial Q&As from the 10/9/14 teleconference on refugee and asylum issues with NSC. Topics include: I-765 eligibility for individuals with convictions, I-131 fee waivers, I-730s, adjustment of status, G-28s, and TRIG issues.
    AILA Doc. No. 14102747.
  • 10/27/2014 Daily Immigration News Clips – October 27, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 27, 2014.
  • 10/27/2014 AAO Processing Time Report (10/1/14) (.pdf 562 KB) AAO Processing Times as of October 1, 2014. All forms remain current.
    AILA Doc. No. 14102746.
  • 10/27/2014 EB-5 Processing Time Report (10/24/14) (.pdf 544 KB) EB-5 Processing Time Report released on 10/24/14 with processing dates as of 8/31/14. An updated processing time for Forms I-829 is included, changing the processing time from 15.1 months to 7.2 months.
    AILA Doc. No. 14102745.
  • 10/27/2014 National Benefits Center Processing Time Report (10/24/14) (.pdf 553 KB) NBC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102744.
  • 10/27/2014 Vermont Service Center Processing Time Report (10/24/14) (.pdf 604 KB) VSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102743.
  • 10/27/2014 Texas Service Center Processing Time Report (10/24/14) (.pdf 591 KB) TSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102742.
  • 10/27/2014 Nebraska Service Center Processing Time Report (10/24/14) (.pdf 601 KB) NSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102741.
  • 10/27/2014 California Service Center Processing Time Report (10/24/14) (.pdf 630 KB) CSC Processing Time Report released on 10/24/14 with processing dates as of 8/31/14.
    AILA Doc. No. 14102740.
  • 10/27/2014 Litigation Timeline: H-2B Prevailing Wage Methodology (Updated 10/27/14)
    Timeline of major court and agency actions in response to litigation challenging DOL’s methodology for determining prevailing wages for the H-2B temporary nonagricultural worker program.
    AILA Doc. No. 10100171.
  • 10/27/2014 AILA Leadership Blog: Artesia: A Day in the Tour of Duty, Part 1
    AILA’s President-Elect Victor Nieblas Pradis spent time volunteering in Artesia along with other AILA Southern California chapter members; he authored this blog post which begins a four-part series that shows the impact of the pro bono efforts and the lives that are being changed in Artesia.
  • 10/27/2014 ICE Policy on Notification and Reporting of Detainee Deaths (.pdf 1163 KB) ICE policy number 11033.2, dated 5/19/11, providing initial notification and ongoing reporting responsibilities after the death of a detainee in the custody of ICE. This policy memo supersedes a 10/1/09 memo. Obtained through FOIA by Stephen Yale-Loehr
    AILA Doc. No. 14102770.
  • 10/27/2014 DOL OFLC Directive on Acceptable Documentation to Establish Business Necessity (.pdf 564 KB) DOL Office of Foreign Labor Certification (OFLC) directive dated 11/24/09 on acceptable documentation to establish business necessity for a job duty or requirement other than a foreign language and/or combination of occupations. Special thanks to Jonathan Moore and David Gluckman.
    AILA Doc. No. 14102769.
  • 10/27/2014 DOL OFLC Directive on Finite Employment Opportunity (.pdf 494 KB) DOL Office of Foreign Labor Certification (OFLC) directive dated 11/24/09 to be used by analysts to decide whether a job opportunity is finite and therefore ineligible for a labor certification through the PERM program. Special thanks to Jonathan Moore and David Gluckman.
  • 10/27/2014 DOL Statistics on H-2Bs from FY2014 Fourth Quarter (9/30/14) (.pdf 550 KB) DOL’s OFLC statistics on H-2Bs as of 9/30/14, including number of applications received, top occupations, states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14102766.
  • 10/27/2014 DOL Statistics on H-2As from FY2014 Fourth Quarter (9/30/14) (.pdf 543 KB) DOL’s OFLC statistics on H-2As as of 9/30/14, including number of applications received, top states, and employers, as well as the status of applications processed.
    AILA Doc. No. 14102765.
  • 10/27/2014 DOL Statistics on H-1Bs from FY2014 Fourth Quarter (9/30/14) (.pdf 551 KB) DOL’s OFLC statistics on H-1Bs as of 9/30/14, including number of LCAs received, top occupations, states, and employers, as well as the number of certified, denied, and withdrawn LCAs, number of positions requested and certified, and percentage of applications timely processed.
    AILA Doc. No. 14102764.
  • 10/27/2014 DOL Statistics on PWDs from FY2014 Fourth Quarter (9/30/14) (.pdf 520 KB) DOL’s OFLC statistics from the National Prevailing Wage Center on prevailing wage determinations (PWD) as of 9/30/14, including number of applications received, top employers and occupations for PERM, H-1B, and H-2B, as well as number of determined, withdrawn, and pending prevailing wage actions.
    AILA Doc. No. 14102763.
  • 10/27/2014 DOL Statistics on PERM Program from Fourth Quarter of FY2014 (9/30/14) (.pdf 538 KB) DOL’s OFLC statistics on the PERM program as of 9/30/14, including number of applications received, top occupations, work site states, industries, visa classifications, country of citizenship, and minimum educational requirements, as well as number of certified, denied, and withdrawn applications.
    AILA Doc. No. 14102762.
  • 10/27/2014 District Court Denies Motion to Compel DOL to Engage in Rulemaking to Fill H-2B Regulatory Gaps (.pdf 545 KB) The district court finds it would be improper to compel DOL to initiate formal rulemaking to replace the invalidated 2008 H-2B regulations and allows DOL to continue the effectiveness of the challenged 2008 rules. (CATA v. Perez, 9/10/14)
    AILA Doc. No. 14102761.
  • 10/27/2014 November 5 Early Bird for the NY Chapter Symposium
    Celebrate the holiday season in NYC at the New York Chapter Symposium. This symposium helps you chart the right course by providing New York-specific tips, the latest information, and networking opportunities. Register early to save the most.
  • 10/27/2014 USCIS Privacy Office Notice on E-Verify Self Check
    USCIS notice to consolidate the E-Verify Self Check system of records into an existing DHS system of records. This change will take effect on 11/24/14. (79 FR 63634, 10/24/14)
    AILA Doc. No. 14102760.
  • 10/24/2014 AILA Resources on Detention (Updated 10/24/14)
    Resources related to detention conditions and policy, including legislation, press statements, and hearings.
    AILA Doc. No. 12011164.
  • 10/24/2014 BIA on Time Period for Establishing Extreme Hardship Under INA §216(c)(4)(A) (.pdf 618 KB) The BIA held that to establish eligibility for a waiver under INA §216(c)(4)(A), the period to determine whether removal would result in extreme hardship is the two-year period for which the alien was admitted as a conditional permanent resident. Matter of Munroe, 26 I&N Dec. 428 (BIA 2014)
    AILA Doc. No. 14102447.
  • 10/24/2014 Family Detention- Asylum Grant Examples (.pdf 794 KB) Compilation of case examples of mothers and children at the Artesia family detention center who have been granted asylum.
    AILA Doc. No. 14102446.
  • 10/24/2014 Your AILA8 for October 24, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102445.
  • 10/24/2014 USCIS Comment Request on Form I-360
    USCIS 60-day notice of request for comments on proposed revisions to the Petition for Amerasian, Widower, or Special Immigrant (Form I-360). Comments are due by 12/22/14. (79 FR 63158, 10/22/14)
    AILA Doc. No. 14102444.
  • 10/24/2014 BIA Orders Further Consideration of Ineffective Assistance Claim
    Unpublished BIA decision orders further consideration of in absentia order in light of allegations that prior attorney failed to appear or notify respondent of hearing. Special thanks to IRAC. (Matter of Godinez, 8/7/14)
    AILA Doc. No. 14102443.
  • 10/24/2014 USCIS Important Notice Regarding Central American TPS Re-Registration (.pdf 506 KB) USCIS notice that it will not be reusing previously captured fingerprint and biometric (photograph and signature) data during the next Central American Temporary Protected Status (TPS) re-registration period. USCIS will schedule an ASC appointment for each TPS registrant who re-registers.
    AILA Doc. No. 14102442.
  • 10/24/2014 DOL PERM FAQ on Forwarding Requests for Reconsiderations to BALCA (.pdf 478 KB) DOL PERM FAQ that as of 10/27/14, the Atlanta National Processing Center will no longer automatically forward all Requests for Reconsideration where the original case decision was upheld to BALCA for review. An employer must affirmatively request review before BALCA within 30 days of the denial.
    AILA Doc. No. 14102441.
  • 10/24/2014 2014 Visa Reciprocity Changes (Updated 10/24/14)
    DOS updates the visa reciprocity tables, including updated information for Ukraine and Jordan.
    AILA Doc. No. 14010841.
  • 10/24/2014 AILA Law Student E-News, October 2014
    This latest edition brings you how students can prepare themselves for a future as an immigration attorney, getting started in immigration law research and expert tips on succeeding in private practice.
    AILA Doc. No. 14102440.
  • 10/24/2014 DOL Alert: iCERT Unavailable the Evening of 10/24/14
    DOL alert that iCERT will be unavailable on 10/24/14 between 8:30pm and 6:00am ET.
    AILA Doc. No. 10101531.
  • 10/23/2014 BIA Holds California Grant Theft Not a Fraud-Related Aggravated Felony
    Unpublished BIA decision holds grand theft under Cal. Penal Code 487(b)(3) not an aggravated felony under INA 101(a)(43)(M)(i) because it does not entail taking with fraudulently obtained consent. Special thanks to IRAC. (Matter of Rodriguez, 8/7/14)
    AILA Doc. No. 14102346.
  • 10/23/2014 Your AILA8 for October 23, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102345.
  • 10/23/2014 Global Migration & Legal Ethics, Part II: Unauthorized Practice of Law and Foreign Corrupt Practice Act Issues (.pdf 659 KB) Ethical challenges for U.S. attorneys abound in the practice of global migration. Practitioners new to global migration must be mindful of the UPL and FCPA issues they will face. This ethics article provides a framework to successfully navigate this ethical minefield and avoid certain violations.
    AILA Doc. No. 14102344.
  • 10/23/2014 To Blog or Not to Blog...
    The first law firms to venture into social media were run by immigration lawyers, they started with blogs in the 1990s. It’s 2014 now and time to launch and publish your own blog. Get started with this practice success tip.
    AILA Doc. No. 14102343.
  • 10/23/2014 USCIS Comment Request for Form I-924 and Form I-924A
    USCIS 60-day request for comments on proposed revisions to the Application for Regional Center Under the Immigrant Investor Program and Supplement, Form I-924 and Form I-924A. Comments are due by 12/22/14. (79 FR 63157, 10/22/14)
    AILA Doc. No. 14102342.
  • 10/23/2014 AILA Pro Bono Heroes Recognition Program (Updated 10/23/14)
    AILA's National Pro Bono Services Committee presents a quarterly Pro Bono Heroes recognition program. Each quarter, a different category of person/organization exemplifying the professional values of pro bono immigration legal work is profiled. Nominations now open!
    AILA Doc. No. 13050340.
  • 10/23/2014 Register for the November 19 EB-5 Teleconference
    The EB-5 landscape changes rapidly. If you have questions, be part of the November Conversations with the AILA EB-5 Liaison Committee teleconference, sponsored by American Regional Center Group. Registration costs only $15 and the first two monthly teleconferences sold out in days. Register soon.
  • 10/23/2014 Daily Immigration News Clips – October 23, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 23, 2014.
  • 10/23/2014 AILA: Administration’s Decision on Haiti is a Step Forward
    As the Obama Administration announced a Haitian Family Reunification Parole Program, AILA President Leslie Holman noted, “This change will ease the pain of family separation and alleviate hardships that they suffer in a country still struggling to recover from devastating natural disaster.”
    AILA Doc. No. 14102340.
  • 10/22/2014 Your AILA8 for October 22, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102244.
  • 10/22/2014 EB-5 Practice Alert: Failure to File I-924A Leads to Notice of Intent to Terminate (.pdf 511 KB) AILA’s EB-5 Liaison Committee offers a practice alert regarding USCIS’ issuance of intent to terminate notices due to regional centers’ failure to file a Form I-924A or for not promoting economic growth. Practice alert notes that FY2014 annual reports must be filed no later than 12/29/14.
    AILA Doc. No. 14102243.
  • 10/22/2014 VOICE Article on Indian Business Visas
    In the October 2014 VOICE, AILA member Poorvi Chothani offers guidance on pursuing business visitor visas to India. And for additional resources on global migration and policy, purchase the recordings from the 2014 AILA Global Migration Forum.
  • 10/22/2014 GMS International Lawyers List (Updated 10/22/14) (.pdf 588 KB) GMS Members have access to a list of licensed and qualified immigration law practitioners for jurisdictions other than the United States.
    AILA Doc. No. 13071111.
  • 10/22/2014 EOIR Expands Legal Orientation Program Sites to Include Karnes (.pdf 467 KB) EOIR press release announcing that beginning 11/1/14, EOIR will provide assistance through the Legal Orientation Program (LOP) to families detained at the Karnes Family Residential Center. Since October 2013, the LOP has expanded to seven additional detention sites including Artesia.
    AILA Doc. No. 14102242.
  • 10/22/2014 AILA Announces Pro Bono Heroes Honorees for the Third Quarter of 2014
    AILA’s National Pro Bono Services Committee is pleased to announce the honorees for the 2014 AILA Pro Bono Heroes Recognition program’s Third Quarter. A very special group of members are being celebrated for their inspiring work over the summer months.
    AILA Doc. No. 14102048.
  • 10/22/2014 CRS Report on Immigration Detainers (Updated 10/22/14) (.pdf 829 KB) Congressional Research Service (CRS) report on immigration detainers, including discussions on if ICE’s detainer practices are within its statutory authority, if state and localities are required to comply, custody issues, and if detainer practices violate an individual’s constitutional rights.
    AILA Doc. No. 14050947.
  • 10/22/2014 Daily Immigration News Clips – October 22, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 22, 2014.
  • 10/22/2014 Ethical Issues in Representing Children in Immigration Proceedings (.pdf 1761 KB) With the recent increase in the number of minors who are in removal proceedings, the lawyers representing them have raised many questions. This practice advisory provides an extensive summary of ethical guidance on some of the more common questions that practitioners have raised.
    AILA Doc. No. 14102240.
  • 10/22/2014 USCIS FAQs on Consideration of Deferred Action for Childhood Arrivals (Updated 10/21/14)
    USCIS updated its Consideration for Deferred Action for Childhood Arrivals process page on 9/9/14. The DACA FAQs were last updated on 10/17/14.
    AILA Doc. No. 12080365.
  • 10/22/2014 DC Circuit Remands L-1B Denial for Specialty Chef (.pdf 690 KB) Noting that the lack of clarity in the definition of “specialized knowledge” does not permit the government to apply a “sliding scale of specialness,” the Court found that the AAO’s bar against considering culturally-based skills for L-1B purposes was in error. (Fogo de Chao v. DHS, 9/29/14)
    AILA Doc. No. 14102260.
  • 10/21/2014 Your AILA8 for October 21, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102147.
  • 10/21/2014 CA4 Says Failure to Register as a Sex Offender in Virginia Is Not a CIMT (.pdf 477 KB) The court remanded with instructions to vacate the removal order, finding that the petitioner’s conviction for failure to register as a sex offender, in violation of §18.2-472.1 of the Virginia statutes, was not a crime involving moral turpitude (CIMT). (Mohamed v. Holder, 10/17/14)
    AILA Doc. No. 14102146.
  • 10/21/2014 Call for Examples: Asylum Applicants Lacking a Secondary ID
    Have your asylum applicant clients been denied a social security number (SSN) because they lack a secondary ID? AILA is looking for examples of asylum applicants who have been issued EADs under category (c)(8)(i) and who were then denied social security numbers because they had no secondary ID.
    AILA Doc. No. 14102144.
  • 10/21/2014 Minutes from H-2A DOL Stakeholder Meeting (9/12/14) (.pdf 508 KB) AILA liaison minutes from DOL H-2A Stakeholder Meeting on 9/12/14. Topics include: DOS visa delays, additional positive recruitment, recruitment report and certification, area of intended employment, special procedure applications for sheepherders, withdrawal of ETA-9142s and job orders.
    AILA Doc. No. 14102143.
  • 10/21/2014 CA5 Finds Petitioner Knowingly and Intelligently Waived Appellate Rights (.pdf 528 KB) The court denied the petition for review, concluding that the record amply supported the BIA’s finding that the petitioner knowingly and intelligently waived his appellate rights at his initial hearing. (Martinez v. Holder, 10/15/14)
    AILA Doc. No. 14102142.
  • 10/21/2014 Minutes from DOL Stakeholder Meeting (9/12/14) (.pdf 548 KB) AILA’s DOL Liaison Committee minutes from the OFLC Stakeholder Meeting with the DOL on 9/12/14. Some topics include: iCERT and PERM portal account changes, supervised recruitment advertising instruction timeline, prevailing wage issues, audits for business necessity, and Section K denials.
    AILA Doc. No. 14102141.
  • 10/21/2014 PERM Practice Pointer: Foreign National Qualifications and Section K (.pdf 521 KB) PERM Practice Pointer from AILA’s DOL Liaison Committee that addresses foreign national qualifications and Section K on the ETA Form 9089. Practice Pointer discusses history of the Section K issue, what and where to include information in Section K, and error messages one may encounter.
    AILA Doc. No. 14102140.
  • 10/21/2014 CA4 Says K-2 Visa Holder Seeking Adjustment Must be Under 21 at Time of Admission (.pdf 491 KB) The court upheld the BIA’s decision, which relied on Matter of Le to find that because the petitioner was over 21 when he entered the U.S. on a K-2 visa, his application for adjustment of status was properly denied and he was removable. (Regis v. Holder, 10/16/14)
    AILA Doc. No. 14102145.
  • 10/21/2014 Daily Immigration News Clips – October 21, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 21, 2014.
  • 10/20/2014 Your AILA8 for October 20, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14102052.
  • 10/20/2014 Philadelphia Chapter – Records of Proceedings for N-400 and I-485 (.pdf 1424 KB) Record of proceedings (ROPs) from USCIS Philadelphia field office for N-400s and I-485s, reflecting the order in which the A file is put together upon submission of these applications. USCIS encouraged practitioners to prepare their filings in the same order, if possible.
    AILA Doc. No. 14102051.
  • 10/20/2014 San Diego Chapter – USCIS Liaison Minutes (10/8/14) (.pdf 757 KB) San Diego Chapter minutes from liaison meeting with USCIS District 24 on 10/8/14. Topics include: military parole-in-place applications, including those related to the MAVNI program, and new system for requesting InfoPass appointments when AOR has more than one case inquiry.
    AILA Doc. No. 14102050.
  • 10/20/2014 Philadelphia Chapter – USCIS Philadelphia Liaison Minutes (10/8/14) (.pdf 543 KB) Philadelpia Chapter minutes from liaison meeting with Philadelphia USICS on 10/8/14. Topics include: processing of interview waiver eligible adjustment cases, I-601A transfers to the NVC, InfoPass appointments, biometrics appointments, N-400 medical waivers, I-290B processing, and parole-in-place.
    AILA Doc. No. 14102049.
  • 10/20/2014 Carolinas Chapter – USCIS Charlotte Liaison Meeting Minutes (9/26/14) (.pdf 545 KB) Carolinas Chapter liaison minutes from meeting with USCIS Charlotte Field Office on 9/26/14. Topics include: processing time for parole-in-place for military families, naturalization guidelines on legal name changes, confirmation of rescheduled interviews, and current intake process for interviews.
    AILA Doc. No. 14102047.
  • 10/20/2014 Carolinas Chapter – USCIS Charleston Liaison Meeting Minutes (9/8/14) (.pdf 476 KB) Carolinas Chapter liaison minutes from meeting with USCIS Charleston on 9/8/14. Topics include: staffing changes, adjustment eligibility after advance parole entry for DACA recipients, scheduling of naturalization interviews, and FDNS officer conduct.
    AILA Doc. No. 14102046.
  • 10/20/2014 CA9 Vacates Removal Order for California §11351 Offense and Remands with Instructions to Terminate Proceedings (.pdf 568 KB) The court withdrew its 9/19/14 decision, holding that as the abstract of judgment did not offer clear and convincing evidence about what petitioner pleaded guilty to, DHS failed to establish the conviction was an aggravated felony or controlled substance offense. (Medina v. Holder, 10/10/14)
    AILA Doc. No. 14102045.
  • 10/20/2014 Call For Examples: DACA Renewal Applications Pending Over 75 Days
    AILA is collecting examples of DACA renewal cases in which the renewal Form I-821D has been pending over 75 days. Please complete the questions and upload a copy of your I-821D receipt notice.
    AILA Doc. No. 14102044.
  • 10/20/2014 Check-in with DOS’s Charlie Oppenheim (10/15/14)
    DOS Liaison Committee series of monthly “check-ins” with Charlie Oppenheim, designed to keep members informed of Visa Bulletin progress and to obtain his analysis of current trends and future projections, beyond the basic visa availability updates provided in the monthly Visa Bulletin.
    AILA Doc. No. 14071401.
  • 10/20/2014 USCIS Response to CIS Ombudsman Recommendations on Improving Quality in Notices to Appear (.pdf 691 KB) USCIS response to CIS Ombudsman recommendations on improving the quality and consistency in Notices to Appear (NTA), concurring that USCIS will provide additional guidance for issuing NTAs with input from ICE and EOIR and that USCIS will create a working group to improve tracking and coordination.
    AILA Doc. No. 14102043.
  • 10/20/2014 AIM: DOMA and Immigration
    For October’s Interview of the Month, Clement Lee, staff attorney at Immigration Equality, explains the Defense of Marriage Act in the immigration context. Immigration Equality was AILA's 2014 Arthur C. Helton Human Rights Award winner.
    AILA Doc. No. 14102042.
  • 10/20/2014 Daily Immigration News Clips – October 20, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 20, 2014.
  • 10/20/2014 DOL Alert that H-1B Legacy Records No Longer Available (.pdf 487 KB) DOL alert that labor condition applications (LCA) retained in the legacy LCA Online System are all beyond the retention period of five years from a date of final determination or final action. Therefore, effective 10/17/14, the LCA Online System has been decommissioned.
    AILA Doc. No. 14102041.
  • 10/20/2014 USCIS Invitation to Asylum Division Quarterly Stakeholder Meeting (.pdf 762 KB) USCIS invitation to the 11/14/14 Asylum Division quarterly stakeholder meeting. The Asylum Division will provide updates and statistics and will be available to answer questions. Interested parties may participate in this event in-person only.
    AILA Doc. No. 14102040.
  • 10/17/2014 Your AILA8 for October 17, 2014
    AILA8 is your daily e-newsletter that allows you to read the top 8 immigration news items of the day in 8 minutes or less.
    AILA Doc. No. 14101756.
  • 10/17/2014 CA11 Finds it Lacks Jurisdiction to Review BIA’s Battered-Spouse Discretionary Decision (.pdf 761 KB) The court found it lacked jurisdiction to review the BIA’s order denying the motions to reopen and reconsider, as the BIA’s battered-spouse determination under INA 204 §(a)(1)(A)(iii) was discretionary. (Butalova v. Att’y Gen., 10/7/14)
    AILA Doc. No. 14101755.
  • 10/17/2014 USCIS Comment Request on Form G-845
    USCIS 60-day notice of a request for comments on revisions to Form G-845, used to verify the immigration status of applications for federal, state, or local public benefits and licenses. Comments are due by 11/25/14. (79 FR 57948, 9/26/14)
    AILA Doc. No. 14101754.
  • 10/17/2014 AILA Quicktake #103: Granting Asylum for Artesia Detainees
    AILA member and Artesia volunteer Kim Hunter shares her client's experience in being kept in detention after being granted asylum. To volunteer at Artesia, go to www.aila.org/beavolunteer. Can't volunteer? Donate at www.aila.org/helpthevolunteers
    AILA Doc. No. 14101753.
  • 10/17/2014 DOS Notice of Embassy and Consulate Closings (Updated 10/17/14)
    DOS notice that the U.S. Consulate General in Calgary will be closed for nonimmigrant visa services during the month of November, 2014. Extra appointments have been made available 10/15/14 through 10/28/14. Normal visa operations will resume in December, 2014.
    AILA Doc. No. 11151120.
  • 10/17/2014 USCIS Invitation to Teleconference on Haitian Family Reunification Parole Program (.pdf 775 KB) USCIS invitation to a 10/22/14 teleconference to discuss the implementation of a limited Haitian Family Reunification Parole program, where certain Haitians in Haiti who are beneficiaries of approved family-based immigrant visa petitions may be considered for parole to come to the U.S.
    AILA Doc. No. 14101700.
  • 10/17/2014 CA2 Agrees with BIA that Vacated Conviction Remains Valid for Removability Purposes (.pdf 763 KB) The court held it lacked jurisdiction, upholding the BIA’s determination that the 1997 Arizona conviction remained a removable offense because the petitioner obtained vacatur solely for rehabilitative reasons and to avoid adverse immigration consequences. (Sutherland v. Holder, 10/8/14)
    AILA Doc. No. 14101752.
  • 10/17/2014 DHS Announces Plans for Haitian Family Reunification Parole Program (.pdf 551 KB) DHS press release announcing that starting in early 2015, DHS will expedite family reunification for certain eligible Haitian family members of U.S. citizens and lawful permanent residents in the U.S. USCIS is not currently accepting applications and will provide program details by the end of 2014.
    AILA Doc. No. 14101747.
  • 10/17/2014 EOIR Updates to Immigration Court Practice Manual
    This page contains updates to EOIR’s Immigration Court Practice Manual.
    AILA Doc. No. 14101746.
  • 10/17/2014 USCIS Meeting Invitation to TRIG Quarterly Stakeholder Meeting (.pdf 545 KB) USCIS invitation to the 11/18/14 Terrorist Related Inadmissibility Grounds (TRIG) quarterly stakeholder engagement. Interested parties may participate in this event in-person only. Questions or agenda items are due by 11/3/14.
    AILA Doc. No. 14101745.
  • 10/17/2014 CA2 Says Unlawful Possession of Ammunition Is an Aggravated Felony (.pdf 592 KB) The court denied the petition for review, upholding the BIA’s decision concluding that the petitioner’s conviction for the unlawful possession of ammunition under 18 U.S.C. § 922(g)(1) qualifies as an aggravated felony under INA §101(a)(43)(E)(ii). (Oppedisano v. Holder, 10/8/14)
    AILA Doc. No. 14101750.
  • 10/17/2014 CA8 Affirms Withholding Denial for Petitioner Who Suffered Child Abuse in Hong Kong (.pdf 499 KB) The court affirmed the withholding denial, finding that substantial evidence supported the determination that the petitioner's age represented a fundamental change in circumstances such that her life and freedom would not be threatened if she returned to Hong Kong. (Hui v. Holder, 10/14/14)
    AILA Doc. No. 14101751.
  • 10/17/2014 Questions Sought for Student/Schools and “Others” NSC Stakeholder Teleconference
    AILA's Nebraska Service Center (NSC) Liaison Committee requests agenda items from all AILA members to present to NSC at a teleconference on student, schools and “other” issues. Questions needed by 10/26/14.
    AILA Doc. No. 14101743.
  • 10/17/2014 Daily Immigration News Clips – October 17, 2014
    Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 17, 2014.
  • 10/17/2014 USCIS Extension of TPS for Honduras
    USCIS notice that the designation of Honduras for Temporary Protected Status (TPS) has been extended for 18 months from 1/6/15 through 7/5/16. Notice includes instructions for re-registration and renewal of EADs. (79 FR 62170, 10/16/14)
    AILA Doc. No. 14101740.
  • 10/17/2014 USCIS Extension of TPS for Nicaragua
    USCIS notice that the designation of Nicaragua for Temporary Protected Status (TPS) has been extended for 18 months from 1/6/15 through 7/5/16. Notice includes instructions for re-registration and renewal of EADs. (79 FR 62176, 10/16/14)
    AILA Doc. No. 14101741.
  • 10/17/2014 Help the Volunteers in Artesia (Updated 10/17/14)
    AIC and AILA have created a way for you to make tax-deductible donations on-line to help reimburse the travel expenses of pro bono volunteers.
    AILA Doc. No. 14090249.
  • 10/17/2014 AILA Leadership Blog: Championing the Vulnerable
    In this blog post, AILA President Leslie Holman welcomes a new letter from Senate Democrats, led by one of her state’s Senators Patrick Leahy, which condemns family detention and urges the Department of Homeland Security against building more family detention facilities.

 
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