Denial Of Adjustment Of Status And The 245(K) Controversy
December 9, 2013
The past two years have seen an increase in the rate of denial of applications for adjustment of status. With the denial of these applications, particularly employment-based adjustment of status, the USCIS is almost immediately issuing a Notice to Appear (NTA) in removal proceedings. With the USCIS sending almost all employment cases to the Nebraska […]
Clinton Signs L.I.F.E.
December 9, 2013
On December 21, 2000 President Clinton signed the Legal Immigration and Family Equity Act ("LIFE") bill into law. LIFE extends the "grandfathering deadline" of Section 245(i) of the Immigration & Nationality Act ("INA") until April 30, 2001. Section 245(i), which allowed many otherwise ineligible applicants for adjustment of status to apply for and receive green […]
Clinton Signs H-1B Bills into Law
December 9, 2013
In what might have been his last opportunity to pass important immigration legislation, President Clinton signed S. 2045 and H.R. 5362 into law on Tuesday, October 17, 2000. The two bills raise the H-1B cap to 195,000 among other improvements, and raise the INS filing fee by $500.00. While most of the new provisions are […]
California Service Center: The New Regime
December 9, 2013
In keeping with an INS directive earlier this year to improve productivity at the four INS regional processing centers, the California Service Center announced some rather sweeping reforms. The Service Center has been plagued with delay problems, such as I-140 Petitions for Immigrant Workers taking as long as 15 months to adjudicate. The recent announcement […]
Asylum: Exception to 'Unlawful Presence'
December 9, 2013
The immigrant communities of the United States have been stirring ever since Congress created the dreaded "3 and 10 year bar" to reentry in 1996. The INS still has not promulgated regulations regarding the law, which has added to everyone's confusion and caused public speculation as to what the law really means. With so many […]
April 5, 2000 - Burden of Proof Modified in Denaturalization Cases
December 9, 2013
Last year, the Ninth Circuit Court of Appeals in Gorbach v. Reno reversed the ruling of a Washington District Court Judge, which had held that the INS' "administrative denaturalization" rules were unauthorized, and enjoined the INS from proceeding against any individual. The INS rule, which was originally published in 1996, purported to implement a change […]
