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Tuesday, April 19, 2005
Visa Bulletin for May 2005 - 04/19/05
This bulletin summarizes the availability of immigrant numbers for the month of May 2005, and notes that "it is likely that the cut-off date will retrogress or numbers become 'unavailable' in the near future" in the Other Worker category.
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Government Declines to Seek Rehearing in case where Court struck down the regulation that bars a parolee, as an “arriving alien,” from adjusting status if he or she is in removal proceedings. - 04/19/05
On April 14, 2005, the government notified the Court of Appeals for the First Circuit that it would not seek rehearing en banc in the landmark case Succar v. Ashcroft, 394 F.3d 8 (1st Cir. 2005). In Succar, the Court struck down the regulation that bars a parolee, as an “arriving alien,” from adjusting status if he or she is in removal proceedings. The Court found that this regulation – 8 C.F.R. § 245.1(c)(8) – violated the clear intent of Congress to authorize a parolee to adjust status, regardless of whether the person was an “arriving alien” in proceedings. [ more ]
Saturday, April 2, 2005
Nebraska Service Center Reverses Itself on Filing of I-751 When Separated But Not Divorced - 04/02/05
Nebraska Service Center reverses its earlier notice, and indicates that, where a petitioner and beneficiary are separated but not yet divorced, they may not file a joint petition or waiver of the joint filing requirement. Please see attached memo. [ more ]
Customs and Border Proctection (CBP) guidelines regarding use of interpreters and interpreter services for the inspections process - 04/02/05
The following memo from Customs and Border Proctection (CBP) provides guidelines regarding use of interpreters and interpreter services for the inspections process. [ more ]
Customs and Border Proctection (CBP) Instructs Field on Health Care Worker Visa Screen Requirements - 04/02/05
A recent memo from Jayson Ahern of Customs and Border Proctection (CBP) regarding admission of health care workers. [ more ]
Customs and Border Proctection (CBP) Instructs Field on 212(d)(3) Waivers - 04/02/05
A Memo from Jayson Ahern of Customs and Border Proctection (CBP) regarding jurisdiction over, and process for, section 212(d)(3) waivers. Please see attached details of the memo.
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Customs and Border Protection (CBP) Instructs Field on Handling of Expired Green Cards - 04/02/05
Memo from Michael Hrinyak regarding how inspectors should handle arriving permanent residents whose I-551 permanent resident cards have expired. [ more ]
Department of Labor Proposes Amendment Requiring Electronic Filing for Labor Condition Applications - 04/02/05
ETA proposed rule amends H-1B regulations to require web-based electronic filing for Labor Condition Applications to reduce costs and improve efficiency. Other amendments include attestation obligations for employers who are H-1B dependent or who have committed willful violations of H-1B requirements. Comments due by 5/2/04. (70 FR 16774, 4/1/05). [ more ]
Attorney General Rules That Firearms Convictions Expunged by State Law Still Hold As "Convictions" for Immigration Purposes - 04/02/05
Citing the INA's definition of "conviction," which says that nearly all convictions set aside or vacated due to expungement statutes remain convictions for immigration purposes, the Attorney General ruled recently in Matter of MARROQUIN-Garcia that an alien individual's expunged firearms conviction still rendered him removable. [ more ]
New Procedure for People in Deportation/Removal Proceedings - 04/02/05
For people in Deportation proceedings, the new background check regulation becomes effective Friday, April 1, 2005. Part of these regulations involve new procedures related to background checks and post order procedures for individuals granted relief/protection from removal. The instructions below explain the procedure before and after the hearing for all defensive applications filed on or after April 1, 2005. [ more ]
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