Legal Articles, Deportation

Inter-Proceeding Similarities May Support Adverse Credibility Determination Against Asylum Applicant

The Board of Immigration Appeals issued a precedent decision in Matter of R-K-K- 26 I&N Dec. 658 (BIA 2015), which instructed Immigration Judges on how they should evaluate inter-proceeding similarities in different asylum applications with regard to the applicant's credibility.

Yemen is Now Designated for TPS

The Secretary of Homeland Security has announced his decision to designate Yemen for Temporary Protected Status for 18 months. He has made this decision due to the ongoing conflict and resulting humanitarian emergency in Yemen that renders Yemen unable to safety handle the return of its nationals.

Stop -Time Rule After The Matter Of Ordaz

An alien who has been placed in removal proceedings and has been living in the United States without legal status for a long time may be eligible for Non-LPR Cancellation of Removal pursuant to Immigration & Nationality Act (the “INA”) § 240A(b)(1). See INA § 240A(b)(1).

The Citizenship Clause Debate

Thanks in large part to the ongoing debates in the Republican Presidential primary, the concept of “birthright citizenship,” specifically that any person born on U.S. soil is a U.S. citizen from birth, has become a subject of much public debate...

New USCIS Guidance on L-1B Adjudication

On August 17, 2015, USCIS released a new Policy Memorandum titled “L-1B Adjudications Policy (PM-602-0111),” which builds upon previous agency guidance for adjudicating L-1B Intracompany Transferee Visa petitions, especially with regard that the beneficiary possess...

Rule on extra occupational practical training for F1 students with stem degrees is vacated

In a decision with major ramifications for certain F1 students with STEM degrees who are engaging in occupational practical training [OPT], the United States District Court for the District of Columbia held in a memorandum opinion in Washington Alliance of Technology Workers ...

Permissible and Impermissible Activities for B1 Temporary Business Visitors

Pursuant to INA § 101(a)(15)(B), B1 Temporary Visitor Visas are available for foreign nationals who are coming to the United States to conduct business, but not to perform skilled or unskilled labor or engage in employment.

Extreme Hardship Waivers

Extreme Hardship is a legal standard utilized in U.S. immigration law. It applies to some situations when certain unlawful activities of the noncitizen have made him or her inadmissible into the United States.

Marriage Fraud

Although increasingly limited, there are still several ways for a foreigner to gain lawful permanent resident (LPR) status in the United States.

Citizenship from Birth for Certain Children of U.S. Citizen Parents Born Abroad

In the majority of situations in which a child is born outside of the United States and one or both of his or her parents are U.S. Citizens, the child will be a U.S. citizen from birth.

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