Monthly Archives: June 2015

CA7 on burden of proving by a preponderance of the evidence that marriage was bona fide

Posted on June 24, 2015 by Mike Baker

The Board of Immigration Appeals applied too high a burden of proof when it determined that a conditional permanent resident’s marriage was not bona fide and the error warranted remand because the resident testified unequivocally that he did not marry … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, burden of proof, Good-Faith Marriage Waiver, I-751 petition, Joint Petition I-751, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence, Removal of Conditions on Permanent Residency Based on Marriage, Waiver of Joint Petition Application | Leave a comment

LPR Returning to U.S. Cannot Be Regarded as Seeking Admission and May Not Be Charged with Inadmissibility

Posted on June 22, 2015 by Mike Baker

Distinguishing Koloamatangi, the BIA holds that LPR returning to U.S. is not seeking an admission and may not be charged with inadmissibility under 8 USCA § 1182(a). In Matter of Pena, 26 I. & N. Dec. 613 (B.I.A. June 16, … Continue reading →

Posted in BIA, Board of Immigration Appeals, Seeking an Admission | Leave a comment

SCOTUS does not require government to identify a specific statutory provision nor give detailed explanation for denying a visa based on terrorism-related ground

Posted on June 16, 2015 by Mike Baker

Respondent Fauzia Din petitioned to have her husband, Kanishka Berashk, a resident citizen of Afghanistan and former civil servant in the Taliban regime, classified as an “immediate relative” entitled to priority immigration status. Din’s petition was approved, but Berashk’s visa … Continue reading →

Posted in Consular non-reviewability, Consular Nonreviewability Doctrine, SCOTUS | Leave a comment

SCOTUS affirms jurisdiction to decide equitable tolling of statutory time limit to file a motion to reopen a removal proceeding

Posted on June 15, 2015 by Mike Baker

Issue: Whether the Fifth Circuit erred in holding that it had no jurisdiction to review petitioner’s request that the Board of Immigration Appeals equitably tolled the ninety-day deadline on his motion to reopen as a result of ineffective assistance of … Continue reading →

Posted in equitably toll the ninety-day deadline on motion to reopen, ineffective assistance of counsel, Motion to Reopen, reopen the removal proceeding sua sponte, SCOTUS | Leave a comment

USCIS Processing Time Chicago Field Office March 31, 2015

Posted on June 15, 2015 by Mike Baker

Field Office Processing Dates for Chicago IL as of March 31, 2015 Form Form Name Processing Timeframe: I-485 Application to Register Permanent Residence or to Adjust Status June 9, 2014 N-400 Application for Naturalization October 15, 2014 N-600 Application for … Continue reading →

Posted in USCIS Processing Time Chicago IL Field Office | Leave a comment