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RECENT NEWS
 
RECENT CASES

Temporary . H1B VISAS RENEWED AFTER SIX YEARS . A May 2008 USCIS Memo clarifies that either a labor certification application or an I-140 must be pending for at least 365 days before filing an H1B Visa application that would extend the beneficiary beyond 6 years in that status. H1B status can also be renewed beyond six years if the I-140 has been approved and visa numbers are unavailable. See USCIS Memo here.

Temporary . H2B VISA COUNT 12,000 of 33,000 GONE Of the 33,000 visas allocated for fiscal year 2009 (beginning October 2008), 12,000 were issued as of December 1st. H2B Visas are used by employers to obtain seasonal, peak, or temporary employees. They are the most flexible visa because no training or education need be required. See USCIS Visa Count here.

General . AN IMMIGRANT'S SON WINS THE WHITE HOUSE! Fittingly, Pres. Obama is on record supporting the Dream Act (immigration status for children who grew up in the States) and for a path to citizenship for those who have contributed to the U.S. economy for years. He also has strong union ties which has worked against pro-immigration reform in the past. We're hoping for a clear, fair system!

 

 

MATHEW . Foreign Convictions Apostille cited in 8 C.F.R. § 1287.6 is required to show foreign conviction is authentic; only proof that the document is what it proports to be is required. [Case]

GREENE . Post-Removal Detention . 6 month time to deport or run risk of due process violation ala Zadvydas runs after the 90 day period of removal. [Case]

ZHENG . Asylum/Withholding/CAT . Evidence in One-Child Policy Cases Aird Affidavit and Shou Yung Guo documents are undermined as evidence of future persecution upon return to China with two children. [Case]

MATHEW . Moral Turpitude Crime The nature of the crime, not the circumstances of conviction, determine whether it is a crime of moral turpitude. [Case]

 

 

 

 

 

RECENT NEWS & CASES BY ISSUE

GENERAL
 
TEMPORARY VISAS

Enforcement news, ..

  Coming for 10 days to six years, ..

 

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H1b Visas renewed after 6 years > [USCIS Memo]

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PERMANENT RESIDENCE
 
NATURALIZATION
Employer, family, or self sponsors, ..   Three to five years after green card, ..

10 Asylum cases posted today . all found no credibility or no persecution.

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REMOVAL
COUNTRY CONDITIONS
Issues of crime and ineligibility, ..   Special issues for your home country, ..

6 Removal cases posted today . S.D. Tex found that the 6-month limit on detention after removal order runs after the 3-month period of removal.

 

Read more ..

 

CHINA . asylum . future persecution speculative with only one child. Oct 28, 2008 > [Case]

CHINA . asylum . past persecution not found when victim was only questioned about parent's religion. Oct 28, 2008 > [Case]

Read more ..

EMPLOYERS
CRIMINAL ISSUES
I-9's, enforcement, etc., ..   Crimes that lead to removability, ..

 

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POLITICS / LEGISLATION
FAMILY MEMBERS / FIANCES
What's changing , ..   Get your family here, ..

Texas Requires Legal Status for Drivers Licenses Oct 10,2008 > [Story]

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INVESTORS
MULTINATIONAL EXEC'S
Invest in a U.S. company, ..   Starting or transferring to a U.S. sub, ..

 

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STUDENTS / SCHOLARS
PROFESSIONALS / LAB. CERT.
Come to study or train, ..   Work in the U.S. as a permanent resident, ..

 

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SELF-PETITIONERS
DIVERSITY LOTTERY
Widows, Amerasians, or abused, ..   Apply every year, ..

 

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CHANGING STATUS
ADJUSTING STATUS
Changing temporary status, ..   Stay permanently, ..

 

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ADMISSIBILITY
 
ASYLUM / REFUGEES
Issues that affect everyone coming, ..   Persecuted at home, ..

 

 

 

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COLOMBIA . FARC threats for encouraging farmers is not persecution [Case]

CHINA . Misremembering the number of beatings he received made the applicant not credible (one or two). [Case]

Read more ..