USCIS, Sept. 25, 2024 "Policy Highlights • Clarifies that USCIS calculates the CSPA age of an applicant who established extraordinary circumstances and is excused from the sought to acquire...
NILA, Sept. 25, 2024 "Increasingly, U.S. Citizenship and Immigration Services (USCIS) and other immigration agencies are challenging venue in U.S. district court lawsuits brought by noncitizens...
This document is scheduled to be published in the Federal Register on 09/26/2024 "Eligible citizens, nationals, and passport holders from designated Visa Waiver Program countries may apply for admission...
Mazariegos-Rodas v. Garland "Beky Izamar Mazariegos-Rodas and Engly Yeraicy Mazariegos-Rodas (collectively, the Petitioners) are two sisters who are natives and citizens of Guatemala. The Petitioners...
Cyrus Mehta, Sept. 23, 2024 "When the Administrative Appeals Office (AAO) designated Matter of Z-A- Inc . as an “Adopted Decision” in 2016 it was seen as a breakthrough as it recognized...
Matter of Cabrera-Fernandez
(1) Release on conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2018), is legally distinct from release on humanitarian parole under section 212(d)(5)(A) of the INA, 8 U.S.C. § 1182(d)(5)(A) (2018). Matter of Castillo-Padilla, 25 I&N Dec. 257, 258–63 (BIA 2010), followed.
(2) Applicants for admission who are released on conditional parole rather than humanitarian parole have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended.
"In a decision dated August 16, 2022, the Immigration Judge granted the respondents’ application for adjustment of status under the Cuban Refugee Adjustment Act of November 2, 1966, Pub. L. No. 89-732, 80 Stat. 1161, as amended (“Cuban Adjustment Act”). The Department of Homeland Security (“DHS”) has appealed that decision, arguing that the respondents have not been admitted or paroled. The respondents oppose DHS’ appeal. We will sustain the appeal, vacate the Immigration Judge’s order granting adjustment of status, and remand the record to the Immigration Court for further proceedings. ... As applicants for admission who were released on conditional parole rather than humanitarian parole, the respondents have not been “inspected and admitted or paroled,” and accordingly are not eligible for adjustment of status under the Cuban Adjustment Act. Cuban Adjustment Act § 1."