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March 30, 2012
IMMIGRATION AND POLICY: USCIS Proposes Process Change for Certain Waivers ...
IMMIGRATION AND POLICY: USCIS Proposes Process Change for Certain Waivers ...: The USCIS proposes process change for certain waivers of inadmissibility RELEASED: March 30, 21012 Proposal would reduce time that the U...
USCIS Proposes Process Change for Certain Waivers of Inadmissibility
The USCIS proposes process change for certain waivers of inadmissibility
RELEASED: March 30, 21012
Proposal would reduce time that the U.S. citizens are separated from immediate relative WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulermaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship.
The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship. The law is designed to avoid extreme hardship to U.S. citizens, which is precisely that this proposed rule will more effectively achieve," said USCIS Director Alejandro Mayorkas. "The current process can subject U.S. citizens to months of separation for family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation."
USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.
The process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not be submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.
USCIS encourages the public to submit format input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.
RELEASED: March 30, 21012
Proposal would reduce time that the U.S. citizens are separated from immediate relative WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulermaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship.
The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship. The law is designed to avoid extreme hardship to U.S. citizens, which is precisely that this proposed rule will more effectively achieve," said USCIS Director Alejandro Mayorkas. "The current process can subject U.S. citizens to months of separation for family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation."
USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.
The process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not be submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.
USCIS encourages the public to submit format input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.
March 26, 2012
IMMIGRATION AND POLICY: Matter of LEMUS-Losa
IMMIGRATION AND POLICY: Matter of LEMUS-Losa: Posted by Norka M. Schell, Attorney-at-Law Law Offices of Norka M. Schell, LLC http://www.lawschell.com/ Board of Immigration Appeals ("...
Matter of LEMUS-Losa
Posted by Norka M. Schell, Attorney-at-Law
Law Offices of Norka M. Schell, LLC
http://www.lawschell.com/
Board of Immigration Appeals ("BIA") reaffirms decision that inadmissibility under Immigration and Nationality Act ("INA") 212 (a)(9)(B) renders person ineligible for adjustment of status under INA 245(i).
The respondent, Miguel Lemus-Losa, is a native and citizen of Mexico who first entered the U.S in 1998 or 1999 and remained in the U.S. for approximately two years. He then returned to Mexico in 2001 and remained there until 2003, at which time he again entered the U.S. and remained. Based on the 2003 unlawful entry, DHS initiated removal proceedings against Lemus-Losa in March 2005. In September 2005, based on an approved Petition for Alien Relative with a priority date of March 30, 1992, Lemus-Losa filed an application to adjust his status under § 245(i). His matter was adjourned until December 2005 to enable him to obtain a current visa priority date. The Board's decision noted that the IJ at that time suggested Lemus-Losa might not be eligible for adjustment based on his accrual of over one year of unlawful presence and subsequent entry within 10 years. At the December hearing the IJ denied a request for a second postponement of the matter, opining that it would be useless as Lemus-Losa was inadmissible under § 212(a)(9)(B)(i)(II) and therefore would not be able to adjust his status under § 245(i). Lemus-Losa appealed to the BIA after the IJ denied his request for reconsideration.
The Board, in dismissing the appeal, began by agreeing with the IJ's findings that Lemus-Losa was inadmissible because he was unlawfully present in the U.S. for two years, voluntarily returned to Mexico for roughly two years, and then entered the U.S. without inspection. Lemus-Losa had argued that the title of § 212(a)(9) is “Aliens previously removed” and as such the provisions do not apply to him because he was not removed but rather voluntarily left the U.S. The BIA rejected the argument however, relying on prior case law which held that “the heading of a section cannot limit the plain meaning of the text, and it is of use only when it sheds light on some ambiguous word or phrase.”
On Mar. 19, 2012, the Board of Immigration Appeals, after remand from the U.S. Court of Appeals for the Seventh Circuit reaffirm its prior decision in Matter of Lemus, 24 I &N; Dec. 373 (BIA 2007) that (1) an alien who is unlawfully present in the United States for a period of one year, departs the country, and then seeks admission within 10 years of the date of his or her departure from the United States is inadmissible under the INA 212 (a)(9)(B)(i)(II) [8 USCA 1182(a)(2)(B)(i)(II) (2000) even if the alien's departure was not pursuant to an order of removal and was not a voluntary departure in lieu of being subject to removal proceedings or at the conclusion of removal proceedings and (2) such an alien cannot adjust status under INA 245(i) [8 U.S.C.A. 1255(i)] absent a waiver under the INA 212(a)(9)(B)(v). The BIA nevertheless remanded the matter to the immigration judge to consider two issues: 1. Whether the passage of time has vitiated the respondent's inadmissibility under the INA 212 (a0(9)(B)(i)(II) as it appeared from the record that the respondent departed the United States more than 10 years ago, and 2. Whether as the DHS now contends, the respondent is also inadmissible under INA 212(a)(9)(C)(i)(I)[8 U.S.C.A. 1182 (a)(2)(C)(i)(I)] which the BIA found in Matter of Briones 24 I & N Dec. 355 (BIA 2007), would prevent adjustment of status under the INA 245(i).
Law Offices of Norka M. Schell, LLC
http://www.lawschell.com/
Board of Immigration Appeals ("BIA") reaffirms decision that inadmissibility under Immigration and Nationality Act ("INA") 212 (a)(9)(B) renders person ineligible for adjustment of status under INA 245(i).
The respondent, Miguel Lemus-Losa, is a native and citizen of Mexico who first entered the U.S in 1998 or 1999 and remained in the U.S. for approximately two years. He then returned to Mexico in 2001 and remained there until 2003, at which time he again entered the U.S. and remained. Based on the 2003 unlawful entry, DHS initiated removal proceedings against Lemus-Losa in March 2005. In September 2005, based on an approved Petition for Alien Relative with a priority date of March 30, 1992, Lemus-Losa filed an application to adjust his status under § 245(i). His matter was adjourned until December 2005 to enable him to obtain a current visa priority date. The Board's decision noted that the IJ at that time suggested Lemus-Losa might not be eligible for adjustment based on his accrual of over one year of unlawful presence and subsequent entry within 10 years. At the December hearing the IJ denied a request for a second postponement of the matter, opining that it would be useless as Lemus-Losa was inadmissible under § 212(a)(9)(B)(i)(II) and therefore would not be able to adjust his status under § 245(i). Lemus-Losa appealed to the BIA after the IJ denied his request for reconsideration.
The Board, in dismissing the appeal, began by agreeing with the IJ's findings that Lemus-Losa was inadmissible because he was unlawfully present in the U.S. for two years, voluntarily returned to Mexico for roughly two years, and then entered the U.S. without inspection. Lemus-Losa had argued that the title of § 212(a)(9) is “Aliens previously removed” and as such the provisions do not apply to him because he was not removed but rather voluntarily left the U.S. The BIA rejected the argument however, relying on prior case law which held that “the heading of a section cannot limit the plain meaning of the text, and it is of use only when it sheds light on some ambiguous word or phrase.”
On Mar. 19, 2012, the Board of Immigration Appeals, after remand from the U.S. Court of Appeals for the Seventh Circuit reaffirm its prior decision in Matter of Lemus, 24 I &N; Dec. 373 (BIA 2007) that (1) an alien who is unlawfully present in the United States for a period of one year, departs the country, and then seeks admission within 10 years of the date of his or her departure from the United States is inadmissible under the INA 212 (a)(9)(B)(i)(II) [8 USCA 1182(a)(2)(B)(i)(II) (2000) even if the alien's departure was not pursuant to an order of removal and was not a voluntary departure in lieu of being subject to removal proceedings or at the conclusion of removal proceedings and (2) such an alien cannot adjust status under INA 245(i) [8 U.S.C.A. 1255(i)] absent a waiver under the INA 212(a)(9)(B)(v). The BIA nevertheless remanded the matter to the immigration judge to consider two issues: 1. Whether the passage of time has vitiated the respondent's inadmissibility under the INA 212 (a0(9)(B)(i)(II) as it appeared from the record that the respondent departed the United States more than 10 years ago, and 2. Whether as the DHS now contends, the respondent is also inadmissible under INA 212(a)(9)(C)(i)(I)[8 U.S.C.A. 1182 (a)(2)(C)(i)(I)] which the BIA found in Matter of Briones 24 I & N Dec. 355 (BIA 2007), would prevent adjustment of status under the INA 245(i).
IMMIGRATION AND POLICY: TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS
IMMIGRATION AND POLICY: TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS: FOR IMMEDIATE RELEASE MARCH 23, 2012 STATEMENT FROM SECRETARY OF HOMELAND SECURITY JANET NAPOLITANO ON TEMPORARY PROTECTED STATUS F...
TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS
FOR IMMEDIATE RELEASE MARCH 23, 2012 STATEMENT FROM SECRETARY OF HOMELAND SECURITY JANET NAPOLITANO ON TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONAL "In the light of the deteriorating condition in Syria, I am announcing the Department of Homeland Security will be designating Syria for Temporary Protected Status (TPS) for Syrians currently present in the United States. Conditions in Syria have worsened to the point where Syrian nationals already in the United States would face serious treats to their personal safety if they were to return to their home country. Early next week the Department will publish a notice in the Federal Register that will provide further guidance about TPS eligibility requirements and registration procedures. All applicants must undergo full background checks and while Syrians in the United States are encouraged to apply, they should not submit their applications before the notice is published."
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