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
"This is a petition for review of a Board of Immigration Appeals (BIA) determination that petitioner Fredy Villanueva is ineligible for consideration for discretionary relief from removal under a special program. The BIA's result depends on an analytical error, and petitioner is eligible for consideration. We remand so that petitioner may be considered for discretionary relief. ...
The modified categorical approach cannot resolve this case because it is not established from the record of conviction under which prong of the statute Villanueva was convicted. Accordingly, given that the entirety of the Connecticut statute does not qualify as a "crime of violence," we cannot conclude that Villanueva was convicted of a crime of violence. ...
In short, the plea colloquy does not establish that Villanueva admitted to an intentional assault under subsection (1) of the Connecticut statute, and so the BIA erred in concluding that he was convicted under that subsection. ... Because the parties agree that third-degree assault, as defined by Connecticut law, is not categorically a crime of violence, see Leocal, 543 U.S. at 9; Fish, 758 F.3d at 9-10 & n.4, we hold that Villanueva's conviction does not render him ineligible for TPS. Accordingly, we vacate the BIA's decision and remand this case to the agency so it may determine whether Villanueva warrants TPS relief as a matter of discretion." - Villanueva v. Holder, Apr. 24, 2015. [Hats off to Eduardo Masferrer!]