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SILVA-TREVINO REMIX FROM THE BOARD OF IMMIGRATION APPEALS

October 25, 2016|Contributed by: Alexander D. McShiras, Esq.

After the Attorney General’s 2015 decision (“Silva-Trevino 2”), that vacated the 2008 precedent decision in Matter of Silva-Trevino (“Silva-Trevino 1”), the Board of Immigration Appeals (“BIA”) just developed an important uniform standard that has wide applicability to immigration and...

Merry Christmas? USCIS Filing Fees Set to Go Up During Holidays

October 24, 2016|Contributed by: Aaron C. Hall, Esq.

On December 23, 2016, the new fee schedule for U.S. Citizenship and Immigration Services (USCIS) application and petition filing fees will go into effect.   Family-based petitions, employment-based petitions, and naturalization applications will all be affected. For example, the I-130 Petition...

The Truth About Border Security and Detention

October 18, 2016|Contributed by: Courtney E. Butler, Esq.

In an election season fraught with claims of building a wall along the Mexican border and making Mexico pay for it, the importance of an effective border security plan that serves national security concerns but also ensures due process rights for all becomes even more apparent.  The truth about...

United States Supreme Court Grants Certiorari in Lynch v. Dimaya

September 29, 2016|Contributed by: Courtney E. Butler, Esq.

The United States Supreme Court announced today that it will decide the question of whether 18 U.S.C. § 16(b), as incorporated into the Immigration and Nationality Act (“INA”), is unconstitutionally vague.  In 2015, the Ninth Circuit Court of Appeals held that the statute, which defines a...

Lady Luck: “Winning” the Diversity Visa Lottery

September 23, 2016|Contributed by: Alexander D. McShiras, Esq.

The Diversity Visa Lottery is a congressionally mandated system that provides immigrant visas to randomly selected individuals from regions and countries around the globe with historically low numbers of immigrants to the United States. For Fiscal Year 2018 (which runs from October 1, 2017 through...

Tenth Circuit Invalidates Part of “Crime of Violence” Definition as Unconstitutionally Vague

September 21, 2016|Contributed by: Aaron C. Hall, Esq.

The Tenth Circuit Court of Appeals, which has jurisdiction over immigration cases in Colorado, on Monday ruled in a case called Golicov v. Lynch that a portion of the immigration law’s “crime of violence” statute is unconstitutionally vague. Section 16 of Title 18 of the U.S. Code defines...

New Lawsuit Seeks to Restore Obama’s Executive Actions

August 26, 2016|Contributed by: Jennaweh Hondrogiannis, Esq.

After President Obama announced his plan to expand Deferred Action for Childhood Arrivals (DACA) and to introduce Deferred Action for Parental Accountability (DAPA), which would defer the deportation of undocumented parents of U.S. citizens, 26 states joined in a suit against the administration...

Give Us Your Tired, Your Poor, Your Huddled Masses, and Your Snapchat Username

August 25, 2016|Contributed by: Aaron C. Hall, Esq.

Visitors to the United States, including those using the Visa Waiver Program and those using Visitors Visas,  have long been required to fill out forms to submit to Customs and Border Protection (CBP) prior to admission to the United States.  On June 23, 2016, the Department of Homeland Security...

Country-Wide Naturalization Ceremonies to Coincide with 100th Anniversary of the National Park Service

August 24, 2016|Contributed by: Courtney E. Butler, Esq.

On August 25, 2016, the National Park Service (“NPS”) will celebrate its 100th anniversary.  As a birthday present representing its partnership with NPS, U.S. Citizenship and Immigration Services (“USCIS”) will conduct 16 naturalization ceremonies at national parks across the United...

Immigration Court Backlog Tops 500,000 Pending Cases

August 22, 2016|Contributed by: Alexander D. McShiras, Esq.

As of July 21, 2016, there are 500,051 cases pending in Immigration Courts across the United States. Since 2011, more than 200,000 cases have been added to the docket and the number will continue to rise until the Court hires more Judges to meet the need. Congress has not allocated sufficient...

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