Adjustment of Status

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation

Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation

In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who actually will be affected by the […]

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Visa Bulletin “Do-Over” Undercuts Visa Modernization

Visa Bulletin “Do-Over” Undercuts Visa Modernization

Earlier this month, the immigration agencies took a positive step forward in implementing the executive action promise to reform the visa system when they issued the October Visa Bulletin, informing the public about who would be eligible to apply for lawful permanent resident status in October. But now the agencies have stepped back from that […]

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Immigration Appeals Court Reverses Position on Deportation Waivers

Immigration Appeals Court Reverses Position on Deportation Waivers

In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause extreme hardship to their U.S. […]

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Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.

Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.

This week, the federal district court for the Eastern District of Pennsylvania ruled that when U.S. Citizenship and Immigration Services (USCIS) granted Melvin Medina—a Honduran citizen who entered the United States without inspection on October 9, 1992—Temporary Protected Status (TPS), it “inspected and admitted” him for purposes of adjustment of status. This is now the […]

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Will New USCIS Memos Confuse House Judiciary Committee Again?

Will New USCIS Memos Confuse House Judiciary Committee Again?

One of the significant lessons of 2013 is that good immigration policy matters to the American public.  It’s unfortunate, then, that the House Judiciary Committee is choosing to end its year focusing not on immigration reform, but on how best to take the President to task for making use of executive authority.

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Details Begin to Emerge on New Immigration Bill

Details Begin to Emerge on New Immigration Bill

Ahead of the expected release of a comprehensive immigration reform bill in the Senate this week, details were released outlining the broad strokes of the bill. The “Gang of Eight”—a bipartisan group of senators who have been working to develop the proposal—delayed a press conference that had been planned for today about the bill out […]

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How Should Obama Administration Proceed with Deferred Action Program?

How Should Obama Administration Proceed with Deferred Action Program?

In a June 15th memo announcing deferred action for immigrant youth, DHS Secretary Janet Napolitano gave USCIS 60 days to come up with a process that will allow these young people to affirmatively apply for the chance to work, study, and live in the U.S. without fear of deportation. To be sure, USCIS staff and […]

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