Author Archives: Mike Baker

USCIS Provides Updated Guidance for F2A and F2B Derivative CSPA Cases Affected by Cuellar de Osorio

Posted on July 6, 2015 by Mike Baker

U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum (PM) rescinding a case hold issued on November 21, 2013 for certain Child Status Protection Act (CSPA) cases impacted by the nationwide class action litigation in Scialabba v. Cuellar … Continue reading →

Posted in Aged-Out Derivative Beneficiary, Aging Out Provisions, CSPA, derivative beneficiary, F2A and F2B Derivative, Preference Categories, Retain a Priority Date for an Aged-Out Derivative Beneficiary, SCOTUS, USCIS Guidance | Leave a comment

Country Reports on Human Rights Practices for 2014

Posted on July 6, 2015 by Mike Baker

The Department of State’s (DOS’) Bureau of Democracy, Human Rights, and Labor has released the Country Reports on Human Rights Practices for 2014. There are nearly 200 country reports in the 2014 edition. The introduction notes that while the report, … Continue reading →

Posted in Country Reports on Human Rights Practices for 2014 | Leave a comment

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