USCIS has issued draft guidance relating to the "extreme hardship" requirement of certain waivers of inadmissibility. While this is still draft guidance, USCIS lays out numerous factors that any potential waiver applicant should consider, as well as hypothetical scenarios that USCIS would or would not deem to rise to the level of "extreme hardship" to a qualifying relative. The draft guidance can be found here. Read More
Revised Procedure for Applicants Waiting to File for Adjustment of Status
Big news last week from the USCIS and DOS. Applicants with approved I-130s and I-140 immigrant visa petitions can now file for immigrant visas through the Department of State or adjustment of status through USCIS before their priority dates are current. The actual visa/green card/adjustment cannot be approved until the priority date is current, but filing ahead of time may allow for the visa/green card to be approved Read More
Temporary Protected Status Designation for Yemen
Today, the Department of Homeland Security announced a Temporary Protected Status (TPS) for Yemen for 18 months due to the ongoing armed conflict in the country. Eligible nationals of Yemen residing in the United States may apply for TPS with the USCIS effective September 3, 2015 through March 3, 2017. For further information about the eligibility requirements please visit www.uscis.gov/tps Read More
DOL’s Response to Prevailing Wage Determinations & the Online Wage Library
The Department of Labor recently clarified a prevailing wage question that has been causing difficulties to employers for a long time. Online Wage Library Guidance Here is what the employers should do when the OFLC Online Wage Library displays “N/A” for each leveled wage covering a specific geographic area and occupational code: DOL FAQ on Prevailing Wages for H-1B, H-1B1 and E-3 Programs Are you looking for an Read More
Deferred Action Requests: No AILA Liaison Currently Available
According to New England AILA, Homeland Security is no longer working with AILA's liaison to help faciliate requests for Deferred Action. Clients should work directly with their attorneys, without AILA assistance, to request Deferred Action at the local Homeland Security offices. AILA recently informed attorneys: "UPDATE FROM OUR HSI LIAISON REGARDING REQUESTS FOR DEFERRED ACTION: Unfortunately, the Special Agent in Read More
Is Shoplifting a Crime of Moral Turpitude? Not Always.
You may be wondering, "Is shoplifting a crime of moral turpitude in every situation?" The answer is no. An immigration judge in Georgia recently terminated removal proceedings against an LPR (lawful permanent resident) who had been twice convicted of shoplifting in Georgia. See full case decision here: Shoplifting Not CIMT IJ Case July 2015. The judge held that the convictions were not CIMTs or aggravated felonies. Read More
Marriage Equality!
US Supreme Court declared same-sex marriage legal throughout the United States! Read More
July 2015 Visa Bulletin
Here is this month's Visa Bulletin Check out the processing dates and compare to your approved I-140 or I-130 petition priority dates. Read More
Volunteering at Irish International Immigrant Center
For the last eight years, I have been a volunteer attorney at the Irish International Immigrant Center ("IIIC"). The IIIC holds free legal clinics a few times a month at various locations in Boston, providing free legal consultations and referrals to immigrants and their families. I attend the clinic at the downtown IIIC location about once per month. I advise clients on a variety of immigration matters, refer Read More
US Supreme Court Limits Definition of “Controlled Substances” for Immigration Purposes
This week the US Supreme Court in Mellouli v. Lynch decided that an immigrant can only be found removable for convictions related to "controlled substances" where the substance is actually listed on the federal controlled substances list. In this case, Mellouli was convicted of a controlled substances violation in Kansas. In Kansas, the controlled substances list includes items not on the federal controlled Read More
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