What is 'Exceptional and Extremely Unusual Hardship?
December 9, 2013
Further developing case law to interpret the meaning of statutory changes brought about by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA") the Board of Immigration Appeals ("BIA") decided a case last week that purports to delineate the meaning of "exceptional and extremely unusual hardship" for cancellation of removal. The BIA's decision […]
Two Year Work Authorization for Green Card Applicants: Fact or Fantasy?
December 9, 2013
The USCIS issued a press release last month, indicating that it would begin issuing two-year Employment Authorization Documents (EADs) to people with pending I-485 Applications for Adjustment of Status (AOS). Almost immediately, calls began flooding in to the law office, with current and prospective clients insisting that they be included in this new "program." Despite the […]
The Surviving Relatives Law
December 9, 2013
Near the end of his first year in office, President Obama signed into law amendments to the Immigration & Nationality Act (INA) reversing the longstanding rule that visa petitions filed for relatives are automatically revoked upon the death of the Petitioner. This law ameliorates the harsh, unfair consequences resulting to thousands of beneficiaries of family […]
The RIR Labor Certification at Region IX
December 9, 2013
The Reduction in Recruitment or "RIR" method of filing Labor Certification Applications has been a very popular topic in the press lately. Attorneys tout the RIR request as a much faster way of obtaining a green card than the traditional labor certification process. Although RIR is definitely faster if successful, applicants should be aware of […]
The Child Status Protection Act
December 9, 2013
Although President Bush signed into law the Child Status Protection Act ("CSPA") nearly two months ago, many questions remain unanswered as to who will actually benefit from the law and what actions green card applicants must undertake to ensure that benefits are not lost. In an effort to answer some of these questions, the INS […]
Supreme Court Revives 212(c) Relief
December 9, 2013
Reconciling several years worth of inconsistent Federal Court rulings, Board of Immigration Appeals precedent and contrary argument from the defense bar, the United State Supreme Court issued a ruling restoring 212(c) relief to thousands of deportable aliens in the United States. The case, INS, v. St. Cyr, decided June 25, 2001, held that Federal Courts […]
