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Legal Articles, Visa

What Happens When Client Files Are Destroyed By a Disaster or Accident?

New York attorneys have a duty to preserve documents related to current and former clients. But what happens when client files are destroyed by a disaster or accident? Does the attorney have an ethical obligation to notify his/her current or former client when client files have been...

Affirmative Asylum Scheduling Bulletin for September 2015

USCIS has posted the Affirmative Asylum Scheduling Bulletin for September of 2015. This bulletin displays which asylum applicants have had their interviews scheduled the past few months. The bulletin may give certain affirmative asylum applicants an idea of when an interview...

New Article: Reinstatement of Removal

We have just posted an a detailed overview of reinstatement of removal. If an alien is found to have reentered the United States illegally after having been previously removed or having left under a grant of voluntary departure under a removal order, the alien may be subject to...

Cancellation of Removal for Non-LPRs (Cancelation-B) Part 1

Cancellation of removal for aliens who are not lawful permanent residents (cancellation-B or cancellation of removal, part-B) is a defensive form of immigration relief that an alien may apply for before an immigration judge when embroiled in removal proceedings.

Changes to the Visa Bulletin for Family-Sponsored and Employment-Based Immigrant Visas

United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) announced on September 10, 2015, new procedures for calculating the monthly Visa Bulletin which lists when family-sponsored and adjustment of status applicants may file the Form I-485...

Inter-Proceeding Similarities May Support Adverse Credibility Determination Against Asylum Applicant

The Board of Immigration Appeals issued a precedent decision in Matter of R-K-K- 26 I&N Dec. 658 (BIA 2015), which instructed Immigration Judges on how they should evaluate inter-proceeding similarities in different asylum applications with regard to the applicant's credibility.

Yemen is Now Designated for TPS

The Secretary of Homeland Security has announced his decision to designate Yemen for Temporary Protected Status for 18 months. He has made this decision due to the ongoing conflict and resulting humanitarian emergency in Yemen that renders Yemen unable to safety handle the return of its nationals.

Stop -Time Rule After The Matter Of Ordaz

An alien who has been placed in removal proceedings and has been living in the United States without legal status for a long time may be eligible for Non-LPR Cancellation of Removal pursuant to Immigration & Nationality Act (the “INA”) § 240A(b)(1). See INA § 240A(b)(1).

The Citizenship Clause Debate

Thanks in large part to the ongoing debates in the Republican Presidential primary, the concept of “birthright citizenship,” specifically that any person born on U.S. soil is a U.S. citizen from birth, has become a subject of much public debate...

New USCIS Guidance on L-1B Adjudication

On August 17, 2015, USCIS released a new Policy Memorandum titled “L-1B Adjudications Policy (PM-602-0111),” which builds upon previous agency guidance for adjudicating L-1B Intracompany Transferee Visa petitions, especially with regard that the beneficiary possess...

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