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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.

10/21/2014 - 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.

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.

10/20/2014 - Check-in with DOS’s Charlie Oppenheim (10/15/2014)  
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.

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.

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.

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.

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.

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.

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)

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.

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.

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.

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.

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.

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.

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)

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)

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

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.

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)

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). (Oppedisando v. Holder, 10/8/14)

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.

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.

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)

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.

10/17/2014 - EOIR Updates to Immigration Court Practice Manual  
This page contains updates to EOIR’s Immigration Court Practice Manual.

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.

10/17/2014 - FY2015 H-2B Cap Count (Updated 10/17/14)  
As of 10/10/14, USCIS receipted 9,162 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This count includes 7,790 approved and 1,372 pending beneficiaries.

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.

10/17/2014 - Immigration Politics 2014  
AILA Advocacy Department's daily immigration reform update.

10/17/2014 - AIC Report on CBP Restrictions on Access to Counsel   (.pdf 538 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.

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)

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)

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.

10/16/2014 - Your AILA8 for October 16, 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.

10/16/2014 - Domestic Violence Advocates Call for End of Family Detention   (.pdf 987 KB)
A statement from advocates of survivors of domestic violence and sexual assault calling for an end to the use of detention centers for immigrant women and children fleeing violence.

10/16/2014 - Senate Democrats Press DHS Against Expansion of Family Detention System   (.pdf 2216 KB)
A 10/16/14 letter from ten Senate Democrats, led by Senator Leahy (D-VT) to DHS Secretary Jeh Johnson opposing the expansion of the family detention system, specifically the Dilley family detention facility planned for Texas.

10/16/2014 - Practice Pointer: TSC Confirms RFE Response Submission Address for Courier Delivery  
The Texas Service Center (TSC) informed AILA of the physical address for RFE responses to be delivered by courier and offered pointers when responding to an RFE.

10/16/2014 - Report Finding Returned Central American Migrants Face Serious Harm   (.pdf 1418 KB)
Human Rights Watch (HRW) report with accounts from Central Americans in U.S. detention or who were recently deported to Honduras, finding that border officers failed to identify individuals facing serious risks and that some deported individuals provide accounts that should qualify them for asylum.

10/16/2014 - HHS Funding to Support Legal Services for Unaccompanied Children  
HHS notice of a $9 million direct legal representation project to provide representation to 2,600 unaccompanied minors throughout their immigration proceedings. ORR is awarding supplemental funds of approximately $4 million for FY2014, with remaining funds provided in FY2015. (79 FR 62159, 10/16/14)

10/16/2014 - November 2014 Federal Court Litigation Section Conference Call  
November 6, 2014
3pm Eastern
Teleconference

10/16/2014 - Findings of Westat’s 2013 E-Verify User Survey  
Westat released a report with findings and recommendations from a survey of nearly 3,000 randomly sampled E-Verify users conducted in 2013 to gather information on employers’ opinions and experiences with using E-Verify. USCIS responded with a summary of key findings and response to recommendations.

10/16/2014 - 3rd Annual AILA Bangkok District Chapter Conference  
Immigration Thrilla in Manila
March 12-13, 2015
Manila, Philippines

This event is being presented by AILA’s Bangkok District Chapter. This event is not being organized by the AILA National Office.

10/16/2014 - Practice Alert: TSC “Goldenrod” RFE Coversheets Include Check Box for Updated Attorney of Record  
The Texas Service Center (TSC) has informed AILA that the RFE coversheet referred to as the “Goldenrod” will include a check block to alert the TSC contract support to a change in attorney or to a new attorney of record.

10/16/2014 - Daily Immigration News Clips – October 16, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 16, 2014.

10/15/2014 - Your AILA8 for October 15, 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.

10/15/2014 - AILA Quicktake #102: Karnes Family Detention Center  
AILA Second Vice President Annaluisa Padilla joins to discuss her recent experience touring the family detention center located in Karnes, Texas, where she had the opportunity to meet with some of the detainees.

10/15/2014 - Call for Questions: Social Security Administration (SSA) Issues  
The AILA SSA/DMV/SAVE Taskforce seeks questions about general Social Security Administration (SSA) issues in order to assist the taskforce in their agenda development for 2014-2015. Please send non-case specific items by 10/31/14.

10/15/2014 - Free This Month on Agora  
AILA’s free items for October are now available. Read an Immigration Practice Pointer on what to do when tax non-compliance collides with immigration law and listen to an audio seminar on how international students are affected when SEVP takes action against a school. Check them out today!

10/15/2014 - Practice Pointer: Recapturing an Earlier Priority Date  
AILA USCIS service center liaison provides tips for requesting recapture of an earlier priority date and reminds members that the final priority date will not be indicated on the I-140 receipt notice, but instead will be indicated on the approval notice after the petition has been adjudicated.

10/15/2014 - Article: Jeh Johnson: Politicians Shouldn't 'Feed The Flames Of Fear' Over ISIS, Ebola  
AILA’s Director of Advocacy Greg Chen pressed DHS Secretary Johnson on the government’s ramping up of family detention “when many of the women and children being held are seeking asylum and have fled horrific violence.”

10/15/2014 - Pre-Order Recordings from the Fundamentals Conference  
If you’re just getting started in immigration law, tomorrow and Friday’s Fundamentals Conference in New Orleans is designed to give you a solid foundation for success. Can’t attend? Pre-order the conference recordings and benefit from the content without the travel.

10/15/2014 - DHS CRCL Stakeholder Engagement on Language Access   (.pdf 495 KB)
DHS announcement of the release of draft Language Access Plans, which address the language needs of persons with limited English proficiency. DHS welcomes written feedback on the draft plans through 10/31/14 and will have an stakeholder engagement on 10/24/14 in D.C. to allow further discussion.

10/15/2014 - ICE Will Provide Children at Artesia with Education   (.pdf 549 KB)
ICE press release announcing children at the Artesia Family Residential Center will be provided with one-hour daily instruction blocks in subjects including science, social studies, mathematics, reading, writing, and physical education. AMIkids will manage and administer the program.

10/15/2014 - Daily Immigration News Clips – October 15, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 15, 2014.

10/14/2014 - Your AILA8 for October 14, 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.

10/14/2014 - NSC Invitation to Stakeholder Call on Students and Schools and Other Issues  
NSC invitation to an 11/13/14 stakeholder call on student and schools and “other” issues. Call-in information will be provided closer to the date of the teleconference.

10/14/2014 - ICE Memo on Strategic Use of Expedited Removal   (.pdf 643 KB)
ICE memo, dated 4/5/11, from Gary Mead, Executive Associate Director, on the strategic use of expedited removal authority. Also includes a list of instances that expedited removal should not be used. Obtained through FOIA by Stephen Yale-Loehr.

10/14/2014 - AILA Leadership Blog: Welcoming Brilliance to Our Shores  
Anastasia Tonello, AILA Treasurer, takes a look at the history of immigrants awarded the Nobel Prize, writing “What these Nobel Laureates show us is that the best and the brightest are mobile and the U.S. must be able to compete for talent on a global stage.”

10/14/2014 - BIA Says Regulations for Applying for Bond Redetermination Are Not Jurisdictional   (.pdf 633 KB)
Unpublished BIA decision holding that INA §236 contains no language limiting an IJ’s authority to hear a bond case due to the geographic area of the noncitizen and that 8 CFR §1003.19(c) dictates where he/she should file a request for a custody redetermination. Courtesy of Helen Parsonage.

10/14/2014 - USCIS PowerPoint on Religious Workers   (.pdf 590 KB)
USCIS PowerPoint on religious workers from the 10/9/14 USCIS teleconference with CSC and VSC, including petitioner and beneficiary evidentiary requirements, self-supporting R-1s, dependents, site inspections, expedite requests, common filing issues, and helpful filing tips.

10/14/2014 - USCIS PowerPoint with H-1B Filing Tips   (.pdf 555 KB)
USCIS PowerPoint with H-1B filing tips provided during the 10/9/14 USCIS teleconference with CSC and VSC.

10/14/2014 - AILA and AIC to BALCA: Due Process Must Trump Administrative Efficiency in PERM   (.pdf 588 KB)
AILA/AIC amicus urge the Board to affirm that the Certifying Officer (CO) cannot deny a PERM application for failure to comply with the recruitment report requirements in 20 CFR §656.17(g)(1), when the employer’s compliance is evident from the record despite the omission of certain documentation.

10/14/2014 - BIA Rescinds In Absentia Order Under Totality of the Circumstances  
Unpublished BIA decision rescinds in absentia order because respondent acted with diligence in seeking reopening and had a history of providing his complete address to the Department of Homeland Security. Special thanks to IRAC. (Matter of Gonzalez, 7/31/14)

10/14/2014 - Did You Miss the AILA Web Seminar on Playing the Visa Bulletin Lotto?  
As EB-2 India continues to retrogress, are you prepared to play the Visa Bulletin lottery? Listen as the panel of experts from a recent web seminar discuss the mechanics and pitfalls of filing an I-140 in multiple categories, marriage and cross chargeability, and more. Download and listen anytime!

10/14/2014 - ‘SOCing’ It to ’Em: Strange Tales from USCIS  
In VOICE, AILA member Jennifer Minear discusses ACWIA wages for occupations for which ACWIA data is unavailable and explains how her firm has chosen to handle these unclear situations by filing two sets of LCAs. For more information, purchase AILA’s Business Immigration: Law & Practice.

10/14/2014 - AILA Philadelphia Chapter EOIR Liaison Meeting Minutes (9/1/14)   (.pdf 506 KB)
Minutes from a liaison meeting with EOIR on September 2014, topics include: EOIR-42B, defensive asylum applications, and “rocket dockets” and the Juvenile Docket.

10/14/2014 - Hanging a Shingle or Improving an Already Hanging Shingle  
New Members Division steering committee members share their experiences in the world of immigration law. Whether you are going solo, establishing an immigration practice within a large multi-practice firm, becoming a shareholder, or developing a niche practice, this podcast has something for you.

10/14/2014 - Daily Immigration News Clips – October 14, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 14, 2014.

10/10/2014 - Your AILA8 for October 10, 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.

10/10/2014 - GAO Report on Immigration Detention   (.pdf 1651 KB)
GAO October 2014 report on costs, standards, and oversight across different types of ICE detention facilities, finding that ICE does not have complete data for managing detention costs and standards across facilities and facility types.

10/10/2014 - CA9 Says NACARA Seven-Year Good Moral Character Period Ends on Filing Date   (.pdf 565 KB)
The court held that an application for special rule cancellation of removal under §203 of NACARA is not a continuing application, and that the seven-year period during which good moral character is required ends on the date of the filing of the application. (Aragon v. Holder, 10/2/14)

10/10/2014 - CA11 Says Florida Aggravated Fleeing Is an Aggravated Felony   (.pdf 501 KB)
The court denied the petition for review, upholding the BIA’s finding that the petitioner’s conviction for aggravated fleeing under Florida statue §316.1935(4)(a) was an aggravated felony and thus was deportable under INA §237(a)(2)(A)(iii). (Dixon v. Att’y Gen., 10/1/14)

10/10/2014 - BIA Holds Vacated Criminal Conviction Not an “Admission” of Controlled Substance Violation  
Unpublished BIA decision terminates proceedings against returning LPR upon finding a prior drug conviction that was subsequently vacated did not constitute an “admission” of a controlled substance violation. Special thanks to IRAC. (Matter of Martinez, 7/30/14)

10/10/2014 - BIA Finds LPR Did Not Abandon Status or Deliberately Misreport Length of Prior Trips Abroad  
Unpublished BIA decision finds DHS did not prove the respondent intended to abandon his LPR status by taking numerous lengthy trips to Yemen or that he deliberately misreported the length of his trips on a prior naturalization application. Special thanks to IRAC. (Matter of Ahmed, 7/29/14)

10/10/2014 - Practice Alert: EOIR Update on FY2015 Suspension/Non-LPR Cancellation Cap  
EOIR has advised AILA that the 4,000 cancellation grants available in FY2015 will likely be exceeded by the decisions currently held in reserve. Because of this, immigration judges have been instructed to continue to follow the procedures set forth in OPPM 12-01.

10/10/2014 - AILA/USCIS Field Operations Liaison Q&As (10/9/14)   (.pdf 768 KB)
USCIS Field Operations Q&As from a 10/9/14 liaison meeting. Topics include: stand-alone I-130s, interview-waiver eligible I-485s, Forms I-90, biometrics for individuals in removal proceedings, Matter of Arrabally/Yerrabelly, processing time reports, and availability of InfoPass appointments.

10/10/2014 - AILA DOS Liaison Q&As (10/9/14)   (.pdf 911 KB)
DOS responses to AILA/DOS liaison Q&As, which address questions relating to administrative processing, PIMS, renunciation of U.S. citizenship or LPR status, Mission Australia, J-1 issues, visa revocations, B-2 visas, CCD delay, LGBT I-129Fs, and endorsement of the I-129S for blanket L cases.

10/10/2014 - 2014 Visa Reciprocity Changes (Updated 10/10/14)  
DOS updates the visa reciprocity tables, including updated information for Pakistan.

10/10/2014 - AILA/USCIS HQ Liaison Q&As (10/9/14)   (.pdf 1114 KB)
Official questions and answers from the 10/9/14 AILA liaison meeting with USCIS HQ. Topics include forthcoming guidance; burdensome RFEs for L-1A, L-1B, H-1B, O-2, and P-1 petitions; I-693 medical examination policy; I-130 appeal delays; FDNS site visits; and EB-2 I-140s for physical therapists.

10/10/2014 - Daily Immigration News Clips – October 10, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 10, 2014.

10/10/2014 - Did You Miss the AILA Audio Seminar on Waivers?  
Did you miss the recent AILA audio seminar on INA §237(a)(1)(H) waivers? Learn who qualifies, how to avoid pitfalls on discretionary decisions, what grounds can be waived, and more! You can purchase the downloadable recording and listen anytime that is convenient.

10/9/2014 - Your AILA8 for October 9, 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.

10/9/2014 - Visa Bulletin for November 2014   (.pdf 135 KB)
DOS Visa Bulletin for November 2014. There is slight forward movement in most categories, except employment-based second preference India, which retrogressed from 5/1/09 to 2/15/05. Also included are notes on potential visa availability in the coming months.

10/9/2014 - Can a Little Daydreaming Actually Be Good For Productivity?  
We have all been guilty of being bored at work and have all experienced the random thoughts that our boredom often conjures up. But did you know that these thoughts, our daydreams, can actually heighten our sense of creativity? Learn to channel these daydreams into something more productive.

10/9/2014 - USCIS Comment Request on Form I-698  
USCIS 30-day notice of request for comments on Form I-698, Application to Adjust Status from Temporary to Permanent Resident, used by individuals filing under the amnesty program provisions of IRCA. Comments are due by 11/5/14. (79 FR 60180, 10/6/14)

10/9/2014 - DOS Consular Affairs/Visa Office Organization Chart   (.pdf 562 KB)
Organization chart for the DOS Consular Affairs/Visa Office department (CA/VO).

10/9/2014 - BIA Finds IJ Failed to Advise Respondent of Eligibility for Voluntary Departure  
Unpublished BIA decision remands record upon finding IJ committed legal error by failing to advise the respondent of his eligibility to apply for post-conclusion voluntary departure. Special thanks to IRAC. (Matter of Banos, 7/28/14)

10/9/2014 - BIA Terminates Proceedings Against Respondent Accused of Cocaine Possession  
Unpublished BIA decision terminates proceedings against respondent convicted of drug possession because the lab report finding the substance was cocaine was not relied upon by the criminal court. Special thanks to IRAC. (Matter of Perez Flores, 7/28/14)

10/9/2014 - Register for the December 1 New York Chapter Symposium  
The immigration process can sometimes feel like an endless journey, slowed by delays and detours. Through the sessions, networking opportunities, and New York-specific tips and information, this conference maps out possible routes and offers tools to help you chart the right course. Register today.

10/9/2014 - Did You Miss the AILA Audio Seminar on Employment-Based Consular Appointments  
Did you miss AILA’s audio seminar on employment-based appointments in China, India, and the Philippines? Receive updates on consular processing trends, considerations for Hs and Blanket Ls in India and overcoming immigrant intent in the Philippines! You can download the recording and listen anytime.

10/9/2014 - EB-5 Processing Time Report (10/7/14)   (.pdf 544 KB)
EB-5 Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.

10/9/2014 - National Benefits Center Processing Time Report (10/7/14)   (.pdf 553 KB)
NBC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.

10/9/2014 - Vermont Service Center Processing Time Report (10/7/14)   (.pdf 604 KB)
VSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.

10/9/2014 - Texas Service Center Processing Time Report (10/7/14)   (.pdf 591 KB)
TSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.

10/9/2014 - Nebraska Service Center Processing Time Report (10/7/14)   (.pdf 597 KB)
NSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.

10/9/2014 - California Service Center Processing Time Report (10/7/14)   (.pdf 629 KB)
CSC Processing Time Report released on 10/7/14 with processing dates as of 8/31/14.

10/9/2014 - Daily Immigration News Clips – October 9, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 9, 2014.

10/8/2014 - Your AILA8 for October 8, 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.

10/8/2014 - USCIS Comment Request on USCIS Electronic Payment Processing  
USCIS 60-day notice of request for comments on USCIS electronic payment processing. Comments are due by 12/8/14. (79 FR 60488, 10/7/14)

10/8/2014 - BIA Finds Salvadoran Respondent a Flight Risk but Sets Bond at $5,000   (.pdf 702 KB)
Unpublished BIA decision sustaining appeal and ordering respondent released on $5,000 bond, finding that although a flight risk, evidence of a fixed address, significant family ties in the U.S., and asylum claim provided incentive to appear at future proceedings. Courtesy of Ivan Yacub.

10/8/2014 - 2014 AILA MidSouth Chapter Conference  
October 24-25, 2014
Hilton New Orleans Riverside
New Orleans, LA
This event is being presented by AILA’s MidSouth Chapter. This event is not being organized by the AILA National Office.

10/8/2014 - USCIS Invitation to P-1A Nonimmigrant Visa Classification Listening Session   (.pdf 581 KB)
USCIS invitation to a stakeholder listening session on 10/15/14 regarding the P-1A Internationally Recognized Athlete nonimmigrant visa classification, including feedback on league-specific issues related to Form I-129 adjudication. Registration information included.

10/8/2014 - Celebrate National Pro Bono Week in Your Chapter: October 19 to October 25  
The ABA’s Annual Celebrate Pro Bono Week is an important vehicle for broadening services for poor and vulnerable people. AILA chapters are encouraged to participate locally in order to advance our goal of improving access to justice for the communities we serve as immigration legal professionals.

10/8/2014 - AILA Notes from SCOPS Teleconference (9/24/14)   (.pdf 775 KB)
AILA notes from a teleconference with SCOPS on 9/24/14. Topics include pre-adjudication of adjustment applications, RFEs for marriage and birth certificates, EAD processing times for Forms I-817, DACA renewal processing times, H-1B cap exemptions, EB-1-1 RFEs, and Matter of Lee.

10/8/2014 - BIA Reverses Discretionary Denial of Voluntary Departure  
Unpublished BIA decision reverses discretionary denial of voluntary departure upon finding respondent’s criminal record outweighed by his 14-year presence, 21-year-old U.S. citizen stepson, and activeness in his religious community. Special thanks to IRAC. (Matter of Figueiredo, 7/23/14)

10/8/2014 - CA2 Says Asylum Applicant Is Not Required to Establish Nationality Through Documentary Evidence Alone   (.pdf 570 KB)
The court vacated and remanded with instructions to review the IJ’s adverse credibility finding, and that the BIA erroneously required the petitioner, who claimed he was a stateless Tibetan born in Nepal, to prove his nationality through documentary evidence alone. (Urgen v. Holder, 10/2/14)

10/8/2014 - BIA Orders Further Consideration of Adjustment Application After Submission of Evidence on Appeal  
Unpublished BIA decision remands for further consideration of adjustment application after respondent submits affidavit of support (Form I-864) and medical exam (Form I-693) while appeal was pending. Special thanks to IRAC. (Matter of Moung, 7/18/14)

10/8/2014 - OSC Settles Lawsuit Against Texas Bus Company for H-2B Hiring Practices   (.pdf 767 KB)
OSC settlement agreement with Autobuses Ejecutivos LLC, a bus company based in Houston, Texas, for discriminating against U.S. workers by preferring to hire workers on temporary H-2B visas for its bus driver positions.

10/8/2014 - Daily Immigration News Clips – October 8, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 8, 2014.

10/7/2014 - Alcohol Abuse: Is Your Client Inadmissible?  
In the October 2014 VOICE, AILA member Laurel Scott discusses issues concerning alcohol abuse and waivers of inadmissibility. For more guidance, purchase “Cleaning Up the Mess: Tools for Seeking Waivers.”

10/7/2014 - Your AILA8 for October 7, 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.

10/7/2014 - AILA Quicktake #101: DACA Recipients and MAVNI  
AILA member Margaret Stock discusses the limitations to the Department of Defense's announcement to open its Military Accessions Vital to the National Interest program (MAVNI) to DACA recipients.

10/7/2014 - CA7 Upholds BIA’s Approach in Matter of Rodriguez-Rodriguez   (.pdf 649 KB)
The court upheld the BIA’s analysis using as a guide the definition of “sexual abuse” in 18 U.S.C. §3509(a)(8) rather than in 18 U.S.C. §2243(a) to find that petitioner’s violation of California Penal Code §261.5(c) involved “sexual abuse of a minor.” (Velasco-Giron v. Holder, 9/26/14)

10/7/2014 - CA7 Denies Consolidated Petition for Review   (.pdf 813 KB)
The court denied the consolidated petition for review, finding that the petitioner did not demonstrate that the IJ or BIA legally erred or denied him due process. (Antia-Perea v. Holder, 9/25/14)

10/7/2014 - Your AILA8 for October 6, 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.

10/7/2014 - Submit Your Examples of Problematic Nonimmigrant RFEs and Denials  
In preparation for an upcoming AILA liaison meeting, AILA is looking for examples of problematic nonimmigrant RFEs and denials issued in 2014. Submit your examples today!

10/7/2014 - FY2014 H-2B Cap Count (Updated 10/7/14)  
As of 10/3/14, USCIS receipted 8,857 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This count includes 7,222 approved and 1,635 pending beneficiaries. Information on the second half of FY2014 is also available.

10/7/2014 - DOL Alert: iCERT and PERM Outage Over Columbus Day Weekend Canceled  
DOL alert that the full power maintenance outage scheduled for Columbus Day weekend has been canceled and both iCERT and PERM systems will be available on Saturday, 10/11/14.

10/7/2014 - DOL Alert on Extension of Staggered Crossing for Seafood Industry H-2B Workers   (.pdf 511 KB)
DOL alert that the provision permitting staggered entry of H-2B workers employed in the seafood industry under certain conditions has been extended from 9/30/14 to 12/11/14. No staggered entry of H-2B workers will be permitted after 12/11/14 absent further legislative extensions.

10/7/2014 - 2014 AILA Washington D.C. Chapter Fall Conference (Updated 10/7/14)  
October 22, 2014
Univ. of Maryland Shady Grove Conference Center
Rockville, MD
This event is being presented by AILA’s Washington D.C. Chapter. This event is not being organized by the AILA National Office.

10/7/2014 - CA1 Affirms Grants of Habeas Corpus Relief for Two Petitioners   (.pdf 514 KB)
The court concluded that petitioners were not subject to mandatory detention under INA §236(c) and were entitled to an individualized bail hearing under INA §236(a), because petitioners were not timely detained under any reasonable interpretation of INA §236(c). (Castañeda v. Souza, 10/6/14)

10/7/2014 - AILA Leadership Blog: Karnes is a Disgrace  
AILA Member and Karnes Volunteer Geoffrey A. Hoffman writes he is angry at “an administration that purports to be for immigration reform and human rights while jailing these families... And I’m committed to doing what I can to help, and I hope you will too.”

10/7/2014 - Daily Immigration News Clips – October 7, 2014  
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on October 7, 2014.

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