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
Lara-Garcia v. Garland
"The BIA held that, in order to qualify for relief under Lujan-Armendariz, a state conviction must have resulted in a sentence of no more than one year of probation. ... In sum, the BIA legally erred by holding that, because he received a sentence of three years of probation, Petitioner’s expungement did not qualify under Lujan-Armendariz. ... The BIA’s alternative reason for denying sua sponte reopening was that Petitioner “remains removable” under 8 U.S.C. § 1227(a)(2)(A)(i) because his 2006 misdemeanor convictions are crimes involving moral turpitude. ... Petitioner is correct that his convictions do not qualify as crimes involving moral turpitude. The government’s assertion to the contrary cites no legal authority, and we are aware of none. ... In short, the BIA legally erred by concluding that Petitioner “remains removable” under 8 U.S.C. § 1227(a)(2)(A)(i). We deny the petition in part and grant the petition in part. Petitioner’s motion was untimely, so we deny the petition to the extent that Petitioner challenges the BIA’s timeliness holding. But we grant the petition to the extent that Petitioner challenges the BIA’s decision not to reopen proceedings sua sponte. We hold only that, in denying sua sponte reopening, the BIA legally erred. We remand for the BIA “to exercise its broad discretionary authority as to sua sponte reopening against the correct legal backdrop.” Bonilla, 840 F.3d at 579. PETITION DENIED IN PART AND GRANTED IN PART; REMANDED."