Author Archives: Mike Baker

BIA Precedent Decisions Volume 25 (3643 – 3765)

Posted on February 7, 2014 by Mike Baker

A-S-J-, 25 I&N Dec. 893 (BIA 2012) ID 3765 (PDF) An Immigration Judge lacks jurisdiction to review the termination of an alien’s asylum status by the Department of Homeland Security pursuant to 8 C.F.R. § 208.24(a) (2007). C-B-, 25 I&N … Continue reading →

Posted in BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25 | Leave a comment

Concurrent Filing of immigrant petition and the adjustment application

Posted on February 1, 2014 by Mike Baker

Concurrent Filing Concurrent filing is when an immigrant petition and the adjustment application (application for a green card, Form I-485, Application to Register Permanent Residence or Adjust Status) are filed at the same time and mailed together with all the … Continue reading →

Posted in Adjustment of Status | Tagged , | Leave a comment

Guidance on Provisional Unlawful Presence Waivers

Posted on January 24, 2014 by Mike Baker

U.S. Department of Homeland Security January 24, 2014 Field Guidance SUBJECT: Guidance Pertaining to Applicants for Provisional Unlawful Presence Waivers. U.S. Citizenship and Immigration Services Field Operations Directorate Washington, DC 20529 Purpose: This field guidance addresses the adjudication of Form … Continue reading →

Posted in Application for Provisional Unlawful Presence WaiverI-601A, I-601A, Provisional Waivers, Stateside Processing of I-601A Waivers, The Provisional Waiver, Unlawful Presence, Unlawfully Present in the United States, Waivers, Waivers of Inadmissibility | Tagged , | Leave a comment

CA7 holds that misadvice and failure to advise does not evade the non‐retroactivity of Padilla

Posted on January 10, 2014 by Mike Baker

Chavarria, born in Mexico, became a legal permanent U.S. resident in 1982. In 2009, Chavarria pleaded guilty to distributing cocaine. One year later, the Supreme Court decided Padilla v. Kentucky, imposing a duty on defense attorneys to inform noncitizen clients … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Chicago Immigration Court, ineffective assistance of counsel, Padilla, Padilla v. Kentucky | Leave a comment

CA7 denies I-751 extreme hardship waiver because an alien has no protected liberty interest in discretionary immigration relief

Posted on January 6, 2014 by Mike Baker

CA7 Denies Extreme-Hardship Waiver for Petitioner Convicted of Marriage Fraud. The court denied the petition for review, finding that the petitioner’s due process argument failed because he had no legitimate claim of entitlement to an extreme-hardship waiver under INA §216(c)(4). … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, extreme hardship waiver, Good-Faith Marriage Waiver, I-751 petition, Immigration Marriage Fraud Amendments Act of 1986, Marriage Fraud, Petition for Removal of Conditions on Conditional Residence | Leave a comment