Monthly Archives: May 2012

Motion to reopen must be filed within 90 days of the dismissal of the Board appeal, regardless of the pendency of a motion to reconsider the removal order.

Doc Uploaded Filed Description 1 04/25/2012 04/25/2012 Oral Argument 2 05/21/2012 05/21/2012 Opinion (TINDER) Leonida M. SARMIENTO and Romeo L. Sarmiento, Petitioners, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. No. 11–2841. Argued April 25, 2012. … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motion for Continuance, Motion to Reconsider, Motion to Reopen, Motions to Reopen | Tagged | Leave a comment

Proposed Provisional Unlawful Presence Waivers

Reminder: This proposed process is not in effect. To learn more, read this alert. What USCIS Proposes On March 30, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register requesting public … Continue reading

Posted in I-601, Provisional Waivers, Waivers | Leave a comment

USCIS to Centralize Filing and Adjudication for Certain Waivers of Inadmissibility in the United States

New System Will Standardize Process for Immigrant Visa Applicants Worldwide Released May 23, 2012 WASHINGTON—Beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to … Continue reading

Posted in Ciudad Juarez, I-601, Provisional Waivers, Waivers | Leave a comment

USCIS Issues Precedent Appeals Decision on P-3 Nonimmigrant Visa Petition: 25 I&N Dec. 799 (AAO 2012) Matter of SKIRBALL CULTURAL CENTER

Issuance Based on 2009 Petition by Los Angeles-based Skirball Cultural Center (1) Congress did not define the term “culturally unique,” as used in section 101(a)(15)(P)(iii) of the Immigration and NationalityAct, 8U.S.C. § 1101(a)(15)(P)(iii) (2006), leaving reasonable construction of that term … Continue reading

Posted in "culturally unique”, AAO, BIA, Board of Immigration Appeals, DHS/AAO/Commissioner Decisions, P visa, Skirball Cultural Center | Tagged | Leave a comment

212(h) discretionary waiver: Matter of E. W. Rodriguez, 25 I&N Dec. 784 (BIA 2012) Interim Decision #3749

(1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under section 212(h) of the Immigration and Nationality Act, … Continue reading

Posted in 212(h), 212(h) waiver, Aggravated felony, BIA, Board of Immigration Appeals | Tagged | Leave a comment