Circuit Courts Continue to Overturn BIA at 10% Clip

Categories: In the News

According to the Immigration Law Advisor July 2016 edition, the Circuit Courts decided 192 immigration cases (petitions for review).  The circuit courts denied or dismissed 172 of the appeals.  The easy math shows twenty (20) wins for the good guys which is a 10.4% reversal rate for June 2016.  This is down a tick from the 11.5%…

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Author: Philip Eichorn

USCIS Announces Rule to Extend I-601A Process to All Individuals Who Are Statutorily Eligible for the Waiver

Categories: USCIS Updates and Changes

On July 29, 2016 U.S. Citizenship and Immigration Services (USCIS) announced a final rule for the I-601A waiver process.  USCIS instituted the I-601A process in 2013 for purposes of family unity.  This rule expands those who can file these waiver cases.  The rule takes effect on August 29, 2016.  Applicants should still use the Form I-601A…

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Author: Philip Eichorn

Fifth Circuit Holds No LPR Status for Immigrant with Certified I-89

Categories: Case Law Update

The first line of defense in removal proceedings is arguing the person charged is a U.S. citizen.  If the person charged is a U.S. citizen, then the immigration judge lacks the power to order a deportation.  Many people become citizens automatically.  Automatic citizenship occurs when certain facts all align with the law.  At present and for children…

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Author: Philip Eichorn

USCIS Continues TPS Designation for Syria

Categories: USCIS Updates and Changes

The Secretary of the Department of Homeland Security issued notice of the extension and redesignation of Syria for Temporary Protected Status.  This extension will last for 18 months; from 10/1/16 through 3/31/18. The redesignation permits additional individuals who have been continuously residing in the U.S. since 8/1/16 to obtain TPS, if otherwise eligible.  This notice…

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Author: Philip Eichorn