R-1 Religious Worker
Interfiling New Immigrant Petition into Pending I-485 Case
Interfiling – also referred to as “conversion” or “transfer” – is a process where a foreign national seeking to adjust status can change the underlying immigration petition (most often an I-140 employer sponsored petition or an I-130 family based petition) forming the original grounds for the I-485 adjustment of status application. Rephrased, interfiling permits the…
Read MoreBIA Appeal Reverses Material Misrepresentation on I-485
From time to time, like in our previous writing, Abandonment of LPR (Green Card) Status (Part II), we discuss unpublished/non-precedential decisions of the Board of Immigration Appeals (BIA) made public thru various means. While non-precedential decisions are only binding on the parties to the case – they are nevertheless very instructive because the BIA is…
Read MoreUSCIS no Longer to Deny Religious Worker I-360 Visa Petitions Based on Lawful Status Requirements
On July 5, 2015, and in the wake of the U.S. Court of Appeals for the Third Circuit’s April 7, 2015, decision in Shalom Pentecostal Church v. Acting Secretary DHS, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (PM) on the subject of qualifying U.S. work experience for special immigrant religious workers.…
Read MoreU.S. Supreme Court Decision Broadens Rights Afforded to Same-Sex Couples
In our past news item, DOMA Ruling and Immigration Benefits for Same-Sex Partners, we discussed the implications of a June 2013 Supreme Court of the United States (SCOTUS) decision invalidating an operative provision of the Federal Defense of Marriage Act (DOMA) affecting same-sex marriages. More specifically, in U.S. v. Windsor, the SCOTUS struck down Section…
Read MoreU.S. Supreme Court Solidifies the Doctrine of Consular Nonreviewability
On June 15, 2015, the Supreme Court of the United States issued a decision in Kerry v. Din which reinforces the viability of the judicially created doctrine known as “consular nonreviewability.” At its broadest, the doctrine of consular nonreviewability is typically understood to mean a consular officer’s decision to deny a visa is not subject…
Read MoreAbandonment of Green Card Status (Part II)
In Part I, we touched upon principles and concerns surrounding the issue of abandonment of green card as it generally relates to travel abroad and maintaining Legal Permanent Resident (LPR) or “Green Card” status. Here, in Part II, we will briefly examine an unpublished Board of Immigration Appeals (BIA) decision in Saleh Mohammed Otaifah, A055…
Read MoreAbandonment of LPR (Green Card) Status (Part I)
Maintaining Legal Permanent Resident (LPR) status requires intent to permanently reside in the United States. Accordingly, an LPR is subject to a removal order from an Immigration Judge if found to have “abandoned” intent to live in the U.S. permanently. The issue of abandonment often arises when an LPR travels abroad. Although the LPR’s intent…
Read MoreWhat Is a Public Charge?
Determination that a person is a “public charge,” under U.S. immigration law has been used as grounds for inadmissibility and deportation of immigrants for many years, although deportations on public charge grounds are very rare because the standards are very strict. U.S. immigration officials use the term “public charge” in reference to a person who…
Read MoreBIA decision on Priority Date Retention at Odds with Longstanding USCIS Policy
Recently, the Board of Immigration Appeals (BIA) issued a non-precedential decision – In re: Grace Estrellado – that merits attention because the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. More specifically, under past practice, USCIS allows a beneficiary of a new I-140 to retain the priority…
Read MoreAdvance Parole Does not Trigger Unlawful Presence
Traveling abroad on advance parole but with unlawful presence? The Matter of Arrabally and Yerrabelly, 25 I&N Dec.771 (BIA 2012) as an example of the interplay between travel and status. In the landmark decision Matter of Arrabally and Yerrabelly, the Board of Immigration Appeals (BIA) found a husband (Arrabally) and wife (Yerrabelly) – both of…
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