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
"Francisco Cardenas-Delgado, a legal permanent resident of the United States since 1976, appeals from the Board of Immigration Appeals’ (“BIA”) decision affirming an immigration judge’s (“IJ”) decision that he is ineligible for relief from removal under former Immigration and Naturalization Act § 212(c), 8 U.S.C. § 1182(c) (1988), because his conviction for an aggravated felony was the result of a trial. Cardenas-Delgado argues that this was error because it is impermissibly retroactive to apply the repeal of § 212(c) relief to him. We grant Cardenas-Delgado’s petition for review.
The Supreme Court’s recent decision in Vartelas v. Holder, 132 S. Ct. 1479 (2012), makes it clear that the essential inquiry of retroactivity analysis is to determine whether the new law attaches new legal consequences to completed conduct and that evidence regarding reliance is not required to prove that a new law is impermissibly retroactive. The repeal of § 212(c) relief impermissibly attaches new legal consequences to the trial convictions of aliens like Cardenas-Delgado by rendering these aliens ineligible for relief as a result of convictions that pre-dated the repeal of § 212(c)." - Cardenas-Delgado v. Holder, June 26, 2013. [Hats off to Stephen Coghlan!]