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New BIA Decision on the Burden for Determining Mental Competence in Immigration Proceedings Matter of J-S-S-

The Board of Immigration Appeals (BIA) issued an important decision in Matter of J-S-S- on November 2, 2015. The decision addressed the following question: Who has the formal burden of proof in immigration proceedings to establish whether the alien (respondent) is mentally competent...

BIA Requests Briefs on Whether False Statements Must be "Material" to Constitute an Aggravated Felony "Involving Deceit"

On November 10, 2015, the Board of Immigration Appeals (BIA) invited interested members of the public to submit an amicus curiae (friend of the court) brief discussing the following question: “In determining whether an offense constitutes an aggravated felony under section 101(a)(43)(M)(i)...

USCIS Offers Benefits to Spouses Children and Parents of Active Members of the US Armed Forces Individuals in the Selected Reserves and Veterans

The Obama Administrative has used executive action to expand the use of parole to assist members of the armed forces, individuals in the reserves, and veterans. Parole is typically used to permit an alien who is outside the United States to enter the United States, but...

Aila Liaison Notes

Today American Immigration Lawyers Association published its Q&A notes on the Liaison meeting with Field Operations Directorate.

New BIA Decision on Continuous Physical Presence and Cancellation (2): Matter of Garcia-Ramirez

In Matter of Garcia-Ramirez, the BIA addressed whether an alien had his continuous physical presence (for cancellation of removal purposes) severed when he was picked up near the Mexican border and briefly detained before voluntarily returning to Mexico.

New BIA Decision on Continuous Physical Presence and Cancellation (1): Matter of Castrejo-Colino

On October 28, 2015, the Board of Immigration Appeals (BIA) decided an important case titled Matter of Castrejon-Colino, pertaining to the requisite 10-year continuous physical present requirement in order to be eligible for regular non-LPR cancellation of removal...

Reinstatement of Removal

The Department of Homeland Security (DHS) has discretion to reinstate a prior removal order when an alien reenters the United States illegally after having been removed previously or having left under a grant of voluntary departure under a removal order.[1] If an alien is subject to summary...

Expedited Removal

Under certain circumstances, arriving aliens who are found inadmissible at the border may be subject to expedited removal. Expedited removal is a removal procedure where an alien is removed without a hearing before an immigration judge.

Recapturing Priority Dates

Under certain circumstances, a child with a pending adjustment of status application to a family preference category who would otherwise “age out” (that is, turn 21 years of age and not be covered by a provision that prevents aging out) may have his or her immigrant visa petition...

Introduction to the EB1B Visa Category for Outstanding Professors and Researchers

The EB1-B (EB1B) category is an employment-based immigrant visa category for outstanding professors and researchers. The underlying statute for the category is found in section 203(b)(1)(B) of the Immigration and Nationality Act (INA).

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