Author Archives: Mike Baker

Proposed Rule Change Will Unify Families Subject to 3 and 10 Year Bars: Provisional Waivers of Inadmissibility for Certain Immediate Relatives of U.S. Citizens

On January 6, 2012 the U.S. Citizenship and Immigration Services (USCIS) announced a proposal to streamline the application process for the spouses and children of U.S. citizens currently eligible for legal permanent resident status, minimizing the amount of time that … Continue reading

Posted in 212(c), 212(h) waiver, 245(i), 3 and 10 Year Bar, 8 U.S.C. 1182(a)(9)(B)(i), Ciudad Juarez, Federal Register Proposed Rules, Provisional Waivers, Waivers | Tagged | 1 Comment

CIS Ombudsman Recommendations to Improve the Quality in Extraordinary Ability and Other Employment-based Adjudications

Our nation’s immigration laws recognize the importance of attracting individuals of extraordinary ability from around the world to the United States to continue their work in the arts, athletics, business, education, healthcare, and sciences. On December 22, 2010, U.S. Citizenship … Continue reading

Posted in Citizenship and Immigration Services Ombudsman, Employment-based Adjudications, exceptional ability professionals, Extraordinary Ability, Ombudsman, outstanding professors, outstanding professors and researchers, U.S. Citizenship and Immigration Services, USCIS | Leave a comment

Drug trafficking prior to naturalization interview precluded good moral character: U.S. v. Suarez 7th Cir Denaturalization/Good Moral Character Requirement 12-21-2011

In U.S. v. Suarez, 2011 WL 6382155 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit affirmed a decision by the U.S. District Court which revoked the defendant’s previously accorded naturalization pursuant to INA § 340(a) [8 … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Denaturalization, Deportation, Deportation for Drug Crimes, Good Moral Character, Good Moral Character (GMC), Naturalization, Revoke Naturalization | 2 Comments

Judulang v. Holder: BIA’s policy for applying §212(c) in deportation cases is “arbitrary and capricious” under the Administrative Procedure Act, 5 U. S. C. §706(2)(A).

Docket No. Op. Below Argument Opinion Vote Author Term 10-694 9th Cir. Oct 12, 2011 Tr.Aud. Dec 12, 2011 9-0 Kagan OT 20 Holding: The policy used by the Board of Immigration Appeals to determine whether a resident alien is … Continue reading

Posted in 212(c), Aggravated felony, crime of violence, U.S. Supreme Court | Leave a comment

Adjudicator’s Field Manual – Redacted Public Version

Updated through May 10, 2011, the online public version of the Adjudicator’s Field Manual (AFM) comprehensively details USCIS policies and procedures for adjudicating applications and petitions. USCIS updates the AFM regularly to incorporate new policies and procedures established through statutes, … Continue reading

Posted in Adjudicator's Field Manual - Redacted Public Version, Citizenship and Immigration Services (CIS), Freedom of Information Act | Leave a comment