Legal Articles, Deportation

System Issues Regarding Background Checks Delay Certain Naturalization Cases

AILA explains that on November 28, 2016, “a computer coding error impacted the accuracy of the FBI background checks for about 15,000 … pending naturalization cases.” Of these 15,000 naturalization cases, approximatively 3,000 cases were pending at a USCIS field office...

Reactions to Castro's Death and How His Oppression of LGBTQ Individuals Affected US Immigration Law

In this article, I discuss reactions to the death of the tyrant and how his brutal policies toward LGBTQ individuals led to a very important Board of Immigrations precedent decision for such individuals seeking asylum, refugee status, or withholding of removal in the United States.

In Choosing the Next Justice, Focus Only on Qualifications and Merit

Over the next few weeks, I look forward to examining the list of Supreme Court prospects offered by President-Elect Donald Trump in depth. On first glance, the President-Elect appears to have assembled an outstanding list of conservative legal minds, and offers great hope of finding...

DHS OIG Report on Green Card Issuance Issues

In this article, we will examine the results of the DHS OIG report and what it may mean going forward.

AILA Publishes Comments on Proposed Revisions to the Form I-589

On September 19, 2016, the Department of Homeland Security published a new proposed rule revising the Form I-589, Application for Asylum and for Withholding of Removal. The proposed changes were published in the Federal Register at 81 FR 64190.

AILA-EOIR Stakeholder Meeting Notes (Nov. 17, 2016)

On November 21, 2016, the American Immigration Lawyers Association’s (AILA’s) Executive Office of Immigration Review (EOIR) Liaison Committee provided a summary of its November 17, 2016 EOIR stakeholder meeting.

What is the Permanent Bar Under Section 212(a)(9)(C)(i)?

The “permanent bar of inadmissibility” is found in section 212(a)(9)(C)(i)(I) of the Immigration and Nationality Act (INA). Although it is similar to the more common 3- and 10-year bars of inadmissibility, there are differences in how the permanent bar is triggered and the penalties proscribed.

New USCIS Fee Schedule (Effective December 23, 2016)

On October 24, 2016, the Department of Homeland Security (DHS) published a new fee schedule for the United States Citizenship and Immigration Services (USCIS) in the Federal Register. The new fee schedule will take effect on December 23, 2016.

Recapturing Priority Dates Through Automatic Conversion

Under the Child Status Protection Act (CSPA), certain child beneficiaries of immigrant visa petitions filed by a U.S. citizen or lawful permanent resident (LPR) may continue to be considered a child after “aging out.”

CBP Opens Temporary Facility in Tornillo-Guadalupe, Texas

On November 19, 2016, the United States Customs and Border Protection (CBP) announced that it opened the Tornillo-Guadalupe, Texas, Temporary Holding Facility. The CBP opened this new temporary holding facility in response to the recent upsurge in illegal crossings along the Southwest border.

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