Author: NY Visa Lawyer
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Process to Promote the Unity and Stability of Families (PIP Expansion)
USCIS sent out an email regarding the Biden Administrations recent executive action to allow the spouses of US citizens who have been living in the US for ten years and who entered without inspection to get parole in place in order to become eligible for adjustment of status allowing them to bypass the need of…
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SCOTUS DISGARDS CHEVRON DOCTRINE
In the decision issued on Friday, June 28, 2024, the Supreme Court significantly weakened the power of federal agencies to implement and enforce regulations. The court’s decision written by Chief Justice Roberts, overturns the Court’s 1984 finding in Chevron v. Natural Resources Defense Council and will have a major impact on the Federal Government’s ability…
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Department of State v. Muñoz
In State Department v. Muñoz, the U.S. Supreme Court ruled against a U.S. citizen who said her constitutional rights were violated by the federal government when it denied a visa to her Salvadoran husband. Munoz and her husband, who she married in 2010 and has a child with, have been separated since 2015 while they…
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MATTER OF H-C-R-C- (2024 credibility & CAT)
Matter of H-C-R-C-, 28 I&N Dec. 809 (BIA 2024) (1) Applicants bear the burden of establishing their own credibility, and no statute or legal precedent compels an Immigration Judge to conclude that an applicant’s testimony is credible. (2) Rape is sufficiently severe to constitute torture and can never be a lawful sanction under the Convention…
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SCOTUS Limits Ability To Reopen & Rescind In Absentia Removal Orders
The Supreme Court issued a decision limiting the ability of noncitizens to reopen and rescind in absentia orders of removal issued against them in their June 14, 2024 decision, Campos-Chaves v Garland, 602 U.S. ___ (2024). The relevant portions of the Court’s decision are quoted below. You can read the entire decision at the Supreme Court’s Website.…
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Form G-1145 E-Notification
What is Form G-1145? Form G-1145, E-Notification of Application/Petition Acceptance, is a one-page form on which you provide your name, mobile phone number, and email address. You then submit the form with your petition or application that you are filing with USCIS so that you will receive an SMS or email informing you of when…
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Immigration Judge WebEx Links For Immigration Court (UPDATED 4/2024)
The table below has the Webex link for every Immigration Judge grouped by Court. Updated April 2024 with some additional IJ’s that were not on the prior list. HINT: Use Ctrl+F to search for IJ name. Arizona Eloy Immigration Court Judge Name Internet-Based Hearing Link ACIJ Irene C. Feldman (ICF) https://eoir.webex.com/meet/ACIJ.Feldman Robert Bartlemay Sr. (RCB) https://eoir.webex.com/meet/IJ.Bartlemay…
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NY Immigration Courts Closed Tomorrow, February 13, 2024
Check the EOIR Operational Status Webpage EOIR Operational Status Update An email sent out by EOIR states that the Broadway, Varick Street, and Federal Plaza Immigration Courts in New York City will be closed tomorrow, February 13, 2024. The Boston, Elizabeth, Hartford, New York – Broadway, New York – Federal Plaza, New York – Varick, and Newark…
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The Illogical Immigration Consequences of Drug Convictions
A conviction for a drug offense can have outsized legal consequences when it comes to obtaining employment, licensing, access to benefits and finding housing. Outside of the law it can have serious consequences In some cases minor marijuana offenses could result in eviction or the loss of employment or parental rights. These consequences can effect…
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An Incurable Notice to Appear
Matter of Aguilar Hernandez January 31, 2024, the Board issued a decision in Matter of Aguilar Hernandez, 28 I&N Dec. 774 (BIA 2024) finding: The Department of Homeland Security cannot remedy a notice to appear that lacks the date and time of the initial hearing before the Immigration Judge by filing a Form I-261 because…
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Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023)
Given the significance of a respondent’s interest in securing review of a denial of a petition to remove the conditions on permanent residence, an Immigration Judge should ordinarily review the denial of a Form I-751 upon the request of the respondent. [Full Decision] Matter of H. N. Ferreira, 28 I&N Dec. 765 (BIA 2023) At…
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USCIS Policy Alert: Family-Based Conditional Permanent Residents
USCIS Policy Alert, PA-2023-33, dated December 12, 2023https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20231212-Family-BasedCPRs.pdf U.S. Citizenship and Immigration Services (USCIS) issued policy guidance in the USCIS Policy Manual regarding family-based conditional permanent residents. The update clarifies what noncitizens must do to change the basis of filing in cases of waivers based on battery or extreme cruelty. It also clarifies that if…
Recent Posts
- Process to Promote the Unity and Stability of Families (PIP Expansion)
- DHS Announced Extension and Redesignation of Haiti & Yemen for Temporary Protected Status (TPS)
- EOIR Launches Respondent Access Portal
- SCOTUS DISGARDS CHEVRON DOCTRINE
- Department of State v. Muñoz
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