Adjustment of Status
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… Read More
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… Read More
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… Read More
Court Approves Settlement in Duran Gonzalez v. DHS; Webinar Tomorrow
Last week, the federal district court issued its final approval of a settlement agreement in a long pending Ninth Circuit-wide class action, Duran Gonzalez v. DHS. This case involves eligibility for adjustment of status under INA § 245(i) (with an accompanying I-212 waiver application) for individuals who previously were… Read More
American Immigration Council Urges Court to Rule that TPS Recipient Is Eligible to Adjust Status
Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence (i.e., adjustment of status), even if they originally entered the United States without… Read More
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. Read More
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 of respect for the victims of the Boston Marathon bombing. The Senate group could announce the final measure tomorrow Read More
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 their counterparts at ICE, CBP, and DHS, have been entrusted with a difficult job—one that requires balancing legal and practical implementation issues against high expectations and years of built up frustration over the lack of immigration reform. But the real challenge is acknowledging that every single decision they make about the program has the chance to make it harder or easier for young people to realize their dreams. Read More
BIA Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)
Washington, D.C.—The Legal Action Center of the American Immigration Council applauds the Board of Immigration Appeals (Board) for advancing family unity in its June 23, 2011 decision, Matter of Le. The Board’s long-awaited ruling favorably resolves the issue of whether the child of a fiancée of a… Read More
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