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
"Tyson argues that the BIA erred when it decided that she is not eligible to seek § 212(c) discretionary relief from removal pursuant to the former Immigration and Nationality Act (“INA”), 8 U.S.C. § 1182(c), which was repealed in 1996 as to aliens with certain criminal convictions. We agree with Tyson that the stipulated facts trial in this case is substantially equal to a guilty plea for the purpose of § 212(c) relief. We hold that applying the repeal of § 212(c) relief would produce an impermissible retroactive effect on Tyson, who was convicted pursuant to a stipulated facts agreement based on a reasonable expectation that it would not negatively affect her immigration status. INS v. St. Cyr, 533 U.S. 289, 319 (2001); Landgraf v. USI Film Prods., 511 U.S. 244, 269-70 (1994). Because the BIA erred in its legal analysis of the effect of this stipulated facts trial, we reverse and remand with instructions to consider Tyson’s § 212(c) application on the merits." Tyson v. Holder, Jan. 27, 2012. [Hats off to Kari E. Hong (argued), Portland, Oregon, and Kara L. Hartzler, Florence, Arizona!]