Category Archives: BIA

BIA recognizes same-sex marriages for immigration purposes-Matter of Oleg B. ZELENIAK

Posted on July 18, 2013 by Mike Baker

Recently the Supreme Court issued its decision in the case of United States v. Windsor, in which it struck down the part of the Defense of Marriage Act (DOMA) that defined marriage as being between a man and a woman. … Continue reading →

Posted in BIA, BIA Recognizes Same-sex Marriages for Immigration Purposes, DOMA, I-130 same-sex marriage, Implementation of the Supreme Court Ruling on the Defense of Marriage Act, Matter of Zeleniak, same-sex marriage, same-sex marriage to a foreign national., same-sex marriage-based immigrant visas | Tagged | Leave a comment

Adjustment of status under section 245(i)

Posted on April 19, 2013 by Mike Baker

Matter of Muhammad Imran BUTT, Respondent Decided April 19, 2013 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Cite as 26 I&N Dec. 108 (BIA 2013) Interim Decision #3779 (1) For purposes of establishing eligibility … Continue reading →

Posted in 245(i), Adjustment of Status, adjustment of status under section 245(i), approvable when filed, BIA, grandfathering, non-frivolous, properly filed | Leave a comment

30 grams or less of marijuana for his or her own use exception to deportability

Posted on October 24, 2012 by Mike Baker

Matter of Jennifer Adassa DAVEY, 26 I&N Dec. 37 (BIA 2012) ID 3770 Decided October 23, 2012 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) For purposes of section 237(a)(2)(B)(i) of the Immigration and … Continue reading →

Posted in a single offense involving possession for one’s own use of thirty grams or less of marijuana, BIA, BIA PRECEDENT TABLE, Board of Immigration Appeals, exception to deportability 30 grams or less of marijuana, Marijuana Possession, single offense | Tagged | Leave a comment

BIA Finds Municipal Court Judgment in Genuine Criminal Proceedings Is a “Conviction” and Marijuana Possession After Such a Conviction Is an Aggravated Felony: Matter of Cuellar-Gomez

Posted on August 2, 2012 by Mike Baker

The Board of Immigration Appeals (BIA or Board) in Matter of Cuellar-Gomez, 25 I. & N. Dec. 850 (B.I.A. July 18, 2012), held that (1) a formal judgment of guilt of an alien entered by a municipal court is a … Continue reading →

Posted in Aggravated felony, BIA, Board of Immigration Appeals, Deportation for Drug Crimes, Marijuana Possession, What is conviction for immigration purposes, “single offense involving possession for one's own use of thirty grams or less of marijuana.” | 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

Posted on May 18, 2012 by Mike Baker

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