Family & Removal Blog



11 October 2018

Changes to USCIS policies – Shifting cases to Immigration Court

Taiyyeba Safri Skomra

This summer, U.S. Citizenship & Immigration Services (“USCIS”) issued a new policy increasing the scope of people who may receive a Notice to Appear (“NTA”) in removal proceedings, and also a new policy increasing an officer’s power to deny petitions or applications without issuing a Request for Evidence (“RFE”). Together, these ... Read More

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8 October 2018

Board of Immigration Appeals Undermines Benefit of CA Law

Amy Lenhert

In 2015, the California legislature changed the state criminal laws regarding punishment for misdemeanors.  The state law previously said that misdemeanors were punishable by up to 365 days in county jail.  Under new section 18.5 of the California Penal Code, misdemeanors are now punishable by up to 364 days.  And ... Read More

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5 October 2018

COURT ORDER TEMPORARILY HALTS TERMINATION OF TPS

  A federal judge in Northern California has issued an order temporarily halting the government’s decision to terminate Temporary Protected Status (TPS) for El Salvador, Haiti, Sudan and Nicaragua. TPS for these countries was set to terminate on various dates in 2018 and 2019; the earliest being Sudan which was ... Read More

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27 April 2018

Board Revisits Crime of Stalking

Taiyyeba Safri Skomra

The Board of Immigration Appeals overruled its prior decisions, and held that a conviction under California Penal Code §646.9(b) is not a ‘crime of stalking’ for purposes of INA §237(a)(2)(E)(i). Matter of Sanchez-Lopez, 27 I&N Dec. 256 (BIA 2018). Under the Immigration and Nationality Act (INA) “Any alien who at ... Read More

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23 April 2018

Important Victory For Asylum Seekers: DHS Ordered to Notify Potential Asylum Seekers of the 1 Year Filing Requirement

Amy Lenhert

The Immigration and Nationality Act (INA) imposes a requirement that asylum applications must be filed within one year of the asylum seeker’s entry into the United States.  An asylum application filed more than one year after entry can be denied.  The failure to file within one year can be overlooked ... Read More

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17 April 2018

Ninth Circuit Reminds BIA That an Asylum Seeker’s Testimony May Be Enough to Prove Asylum When No Explicit Adverse Credibility Finding Has Been Made

Amy Lenhert

Applying for asylum in the United States is a daunting process, especially for the many asylum seekers who do not have the benefit of an experienced attorney by their side.  Asylum can be granted to a person who is unwilling or unable to return to her home country because of ... Read More

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5 April 2018

SGG Litigation Gets a Win in CSPA Case

Amy Lenhert

Lorena (not her real name) was distressed when she first came to our office.  She just received a decision from the U.S. Citizenship and Immigration Services (USCIS) denying her application for permanent residence.  Lorena had applied for permanent residence based on a visa petition filed by her mother, who is ... Read More

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5 April 2018

Two Year Work Permits for Spouses of Abusive H-1B Visa Holders Now Available

Until recently, the majority of H-4 visa holders (derivative spouses of H-1B professional visa holders) were dependent on their H-1B spouses for income and for many, their survival.  Since 2015, H-4 visa holders have been permitted to work in the United States if they meet one of two very limited criteria.  ... Read More

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5 April 2018

SGG Advice Leads to Vacated Criminal Conviction

Taiyyeba Safri Skomra

“Mr. Jones,” a 65-year-old client who has been a lawful permanent resident (LPR) since the age of 4, desired to renew his green card. This may seem like a normal event; however, Mr. Jones had avoided renewing his green card for many years.  Without valid proof of his LPR status, ... Read More

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