IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent: Posted by Norka M.  Schell, Esq.  www.lawschell.com Ramiro Sanchez-Herbert ("respondent") is a citizen of Mexico.  On October 16, 2007...

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent

IMMIGRATION AND POLICY: Matter of Ramiro SANCHEZ-HERBERT, Respondent: Posted by Norka M.  Schell, Esq.  www.lawschell.com Ramiro Sanchez-Herbert ("respondent") is a citizen of Mexico.  On October 16, 2007...

Matter of Ramiro SANCHEZ-HERBERT, Respondent

Posted by Norka M.  Schell, Esq. 

www.lawschell.com

Ramiro Sanchez-Herbert ("respondent") is a citizen of Mexico. On October 16, 2007, the DHS filed a notice to appear with the Immigration Court charging that Ramiro Sanchez-Herbert as being an alien present in the United States without being admitted or paroled under section 212(a)(6)(A)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(A)(i) (2006).

Ramiro Sanchez-Herbert retained an immigration lawyer to assist him with his immigration proceedings. Ramiro Sanchez-Herbert appeared for his master calendar hearing with his lawyer and conceded removability. The Immigration Judge granted Ramiro Sanchez-Herbert a series of continuances relating to an application for adjustment status and other issues.

The Immigration Judge scheduled Ramiro Sanchez-Herbert’s master calendar hearing for February 3, 2011.  On February 3, 2011, at the master calendar hearing Ramiro Sanchez-Herbert’s lawyer appeared by himself because Ramiro Sanchez-Herbert left the country to Mexico.  The lawyer made a motion to terminate the proceedings, presenting evidence indicating that Ramiro Sanchez-Herbert had voluntarily returned to Mexico. The Department of Homeland Security (DHS) moved for the Immigration Judge to proceed with the hearing in absentia. The Immigration Judge granted Ramiro Sanchez-Herbert’s lawyer's motion to terminate the proceedings. The DHS appealed the Immigration Judge’s decision. The BIA granted the appealed.

Holding ---The Immigration Judge erred in terminating proceedings on the grounds that she did not have jurisdiction. The respondent’s departure from the United States after he was placed in proceedings did not disvest the Immigration Judge of jurisdiction over the proceedings. Once a notice to appear has been filed with the Immigration Court, jurisdiction vests.  As long as the allegations and charges stated in the notice to appear continue to be applicable, the alien remains subject to removal. See Matter of Brown, 18 I&N Dec. 324, 325 (BIA 1982).

An alien does not need to be physically in the United States for the Immigration Judge to retain jurisdiction over pending proceedings and to conduct an in absentia hearing. 

For assistance or information about immigration proceedings, please contact our office at (212)564-1589 to speak with an immigration attorney.

IMMIGRATION AND POLICY: Visa Bulletin For December 2012

IMMIGRATION AND POLICY: Visa Bulletin For December 2012:

Visa Bulletin For December 2012

FAMILY BASED PREFERENCE

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01DEC05	01DEC05	01DEC05	01JUL93	08OCT97
F2A	22AUG10	22AUG10	22AUG10	01AUG10	22AUG10
F2B	15NOV04	15NOV04	15NOV04	01NOV92	22MAR02
F3	08JUN02	08JUN02	08JUN02	01MAR93	01AUG92
F4	01APR01	01APR01	01APR01	22JUL96	22MAR89

EMPLOYMENT SPONSORED PREFERENCE

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	22OCT07	01SEP04	C	C
3rd	22DEC06	01JUL06	01NOV02	22DEC06	15AUG06
Other Workers	22DEC06	01JUL03	01NOV02	22DEC06	15AUG06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

For detailed information, please visit our site at www.lawschell.com

USICS Holds Stakeholder Engagement on I-601 Waivers

Posted by Norka M. Schell, Esq.

www.lawschell.com 

On November 13, 2012, U.S. Citizenship and Immigration Services' (USCIS') Public Engagement Division held a stakeholder engagement to discuss the transition to centralized lockbox filing of Form I-601, Application for Waiver of Grounds of Inadmissibility, filed by applicants outside the U.S. 

Effective Dec. 5, 2012, applicants in Mexico may no longer file Form I-601, Application for Waiver 
of Grounds of Inadmissibility at the USCIS Ciudad Juarez Field Office or any associated Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Applicants in Mexico must now file Form  I-601 and associated Form I-212 with the USCIS Phoenix Lockbox. 

On June 4, 2012, USCIS adopted a comprehensive change to the Form I-601 filing process for waiver applicants located outside the United States requiring that waiver filers located abroad file their waiver application with the USCIS Phoenix Lockbox. For the first 6 months of this change, through Dec. 4, 2012, USCIS made an exception allowing Form I-601 waiver applicants located in 
Mexico the option of filing their Form I-601 applications and any associated Forms I-212, with the USCIS Ciudad Juarez Field Office or with the USCIS Phoenix Lockbox. This exception expired on December 4, 2012. 

The announcement does not affect Form I-601 filings that may be eligible for processing by a USCIS international office due to exceptional and compelling humanitarian reasons or Form I-601 filings with the Havana Field Office for waiver applicants in Cuba. For further information, please call our office at (212)564-1589 or see the USCIS website at www.uscis.gov.