Monthly Archives: July 2011

CSPA “Effective Date” includes all beneficiaries of previously approved visa petitions except those with applications adjudicated prior to the CSPA’s enactment. Arobelidze v. Holder (7th Circuit)

Posted on July 28, 2011 by Mike Baker

On August 6, 2002 President Bush signed the Child Status Protection Act. This law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of UCIS processing delays. (when children of U.S. citizens turn … Continue reading →

Posted in Child Status Protection Act, CSPA | 1 Comment

BIA Finds California Assault with Intent to Commit a Felony Is a Crime of Violence

Posted on July 28, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Ramon Martinez, 25 I. & N. Dec. 571 (B.I.A. July 15, 2011), that a violation of § 220 of the California Penal Code (assault with intent to commit … Continue reading →

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BIA Finds § 212(h) Waiver Not Available to Overcome Bar to Cancellation of Removal

Posted on July 24, 2011 by Mike Baker

Matter of BUSTAMANTE, 25 I&N Dec. 564 (BIA 2011) The bar to cancellation of removal in section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), which precludes an alien who has been convicted of an offense … Continue reading →

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BIA Addresses K-2 Age Out Eligibility for Adjustment of Status: K-2s Don’t Age Out

Posted on July 24, 2011 by Mike Baker

A derivative child of a nonimmigrant fiancé(e) visa holder under section 101(a)(15)(K)(iii) of the INA is not ineligible for adjustment of status simply by virtue of having turned 21 after admission to the United States on a K-2 nonimmigrant visa. … Continue reading →

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USCIS Policy Memo on Requests to Expedite Adjudication of Form I-601

Posted on July 24, 2011 by Mike Baker

USCIS 5/9/11 policy memo on how USCIS processes requests to expedite the adjudication of Forms I-601, Application for Waiver of Grounds of Inadmissibility, filed by individuals outside of the U.S.

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