Immigration News, Reforms, and Successes

This is a blog written by the attorneys at Noble & Vrapi, P.A. regarding immigration news, needed reforms, and success stories.

Business as usual. Rant on the new prosecutorial discretion guidelines.

There has been a lot of hoopla about the prosecutorial discretion memos issued by ICE Secretary John Morton and the recent White House announcements on the same issue.  A lot of immigrants, immigration attorneys and activists got riled up and we all started to see some light at the end of the tunnel.

Not for long however.

I soon realized that the timing of this announcement was too perfect.  The election season is barely starting for the president and he is badly hurting for the Hispanic vote. Read more about Business as usual. Rant on the new prosecutorial discretion guidelines.

Matter of Alyazji, can we stretch it beyond adjustment of status?

For a lawful permanent resident to be deportable for having committed a single crime involving moral turpitude (CIMT), the CIMT must be committed within 5 years of admission.  In a recent decision, Matter of Alyazji, 25 I&N Dec. 397 (BIA Feb. 2, 2011), the Board overruled Matter of Shanu, 23 I&N Dec. Read more about Matter of Alyazji, can we stretch it beyond adjustment of status?

Statiscally speaking, the ground of inadmissibility your client is charged with has a lot of weight on the outcome of the waiver.

The standard for many waivers of inadmissibility is extreme hardship to a qualifying relative.  However, statistics from USCIS international operations included here show that although the standard is the same, the approval rates of the different waivers are very different.  Take for example the most common waivers, unlawful presence (INA 212(a)(9)(B)), fraud or misrepresentation (INA 212(a)(6)(C)(i)) and crimes (INA 212(a)(2)).  In fiscal year 2010, 21,688 applicants for immigrant visas were charged with the unlawful presence bar and 18,497 overcame it, an almost 85% approval rate.  In con Read more about Statiscally speaking, the ground of inadmissibility your client is charged with has a lot of weight on the outcome of the waiver.

Warren Janssen's replacement confirmed at USCIS Cd. Juarez.

Yolanda Miranda, currently at USCIS El Paso Field Office will be the replacement for Warren Janssen as the head of the USCIS office in Cd. Juarez, Chihuahua, Mexico. 

Though I do not know Ms. Miranda personally, my impression has been that the El Paso USCIS office is fair and perhaps even generous with waivers, so I do not expect to see any changes in adjudications. This remains to be seen when Ms. Miranda assumes her position.  She is expected to start sometime in August of this year.  Read more about Warren Janssen's replacement confirmed at USCIS Cd. Juarez.

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