USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Matter of Chairez-Castrejon, Matter of Sama, 26 I&N Dec. 796 (A.G. 2016) - "By Attorney General Order No. 3583-2015 (Oct. 30, 2015), I directed the Board of Immigration Appeals (“Board”), pursuant to 8 C.F.R. § 1003.1(h)(1)(i) (2015), to refer to me the above-captioned cases for review of the Board’s decisions. The Board’s decisions were automatically stayed pending my review. To assist me in my review, I invited the parties to these proceedings and interested amici to submit briefs addressing the following issue:
What is the proper approach for determining “divisibility” within the meaning of Descamps v. United States, 133 S. Ct. 2276 (2013)? In particular, does Descamps require that a criminal statute be treated as “divisible” for purposes of the modified categorical approach only if, under applicable law, jurors must be unanimous as to the version of the offense committed?
After the parties and interested amici submitted their briefs, the United States Supreme Court granted a petition for a writ of certiorari in Mathis v. United States, No. 15-6092, a case presenting the question of the appropriate method for determining “divisibility” in the context of a criminal prosecution. See 136 S. Ct. 894 (2016) (mem.). On June 23, 2016, the Supreme Court issued its decision in Mathis. See 136 S. Ct. 2243 (2016). I now hereby lift the stay and remand these cases to the Board for any appropriate action."