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.

Our firm in the news: ICE wrongfully detains U.S. citizen.

ICE does it again.  They picked up a U.S. citizen.  ICE was informed by client that his parents were U.S. citizens and thus was on notice that he was likely a U.S. citizen, but detained him nonetheless.  Giving credit when credit is due, when our firm contacted ICE with documentation about the derived citizenship, ICE released client in a relatively short period of time.  However this was about 13 days after client was originally detained. Read more about Our firm in the news: ICE wrongfully detains U.S. citizen.

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.

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