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Kurzban's Immigration Law Sourcebook

Kurzban's Sourcebook will help you locate the law on any immigration topic. It comprehensively summarizes and breaks down this complicated area of practice into concise and easy to understand bullet points.

Attention New Members! Get Easier Access to Needed Resources

New Members have a comprehensive, yet streamlined portal to access all the benefits of AILA membership, including practice resources, research strategies, and other resources to get the most out of your membership. Visit the revised New Member Division section today!

Message Center Archives Now Available!

In response to AILA member requests, archives of the old AILA Message Center are now available. The complete archives are available on a flash drive and include 37,898 threads with 95,021 posts in 60 different forums dating from January 2001 to January 2006. Order yours today!

Recent Postings

Past 2 Weeks Past 4 Weeks

2/9/2010 USCIS Issues Additional Information Regarding the Employ American Workers Act (EAWA) to Employers Filing H-1B Petitions (.pdf 362 KB) USCIS provides an instructions for how to answer the revised Form I-129, Petition for Nonimmigrant Worker with regard to businesses who received funding under the TARP legislation. AILA Doc. No. 10020964.
2/9/2010 USCIS Q & As on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam (.pdf 364 KB) A Q & A from USCIS explaining that workers in H-1B and H-2B classifications who are admitted to perform labor and services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam are exempt from the H-1B cap and H-2B cap from 11/28/09 to 12/31/14. AILA Doc. No. 10020963.
2/9/2010 DOS Issues Proposed Rule on Fee Increases for Consular Services
This rule proposes adjustments in current fees for consular Services based on an independent cost of service study. Adjustments to the Schedule of Fees is to ensure that fees for consular services reflect costs to the U.S. of providing them. Written comments must be received in 30 days. (75 FR 6321, 2/9/10). AILA Doc. No. 10020962.
2/9/2010 AILA Signs Requesting President to Grant Liberian DED (.pdf 225 KB) AILA joined other organizations in a letter requesting President Obama to act immediately and ensure that Deferred Enforced Departure for Liberians is extended for an additional 18 months beyond 3/31/10. AILA Doc. No. 10020961.
2/9/2010 AILA Liaison/Nebraska Service Center Liaison Meeting Q&As (1/28/10) (.pdf 109 KB) The NSC Liaison Committee reports "unofficial" questions and answers from a recent stakeholder meeting. Topics include I-131 receipting procedures, new Lockbox Procedures, Reentry Permit renewals, submission assembly, OPT extension, I-131s filed by asylees, I-90s, and more! AILA Doc. No. 10020960.
2/9/2010 February 9 Seminar Will Take Place As Scheduled
The February 9 seminar, "What to Do When Your Spousal/Fiance(e) Case is Denied at the Consulate" will still take place at the regularly scheduled time. Dial-in instructions will be e-mailed out to registrants Tuesday morning.
2/8/2010 AILA National and Federal Government Offices Closed on Tuesday, February 9th.
Due to the weekend blizzard, the federal government in the Washington, DC area will be closed on Tuesday, February 9th. In addition many Maryland and Virginia metro area governments and offices are also closed. The AILA national office also will be closed on Tuesday.
2/8/2010 Feb. 26: Late Breaking: Interpretations & Implications of the January 8, 2010 Neufeld Memo (Audio Seminar)
Audio Seminar
2/8/2010 AILA Texas Chapter 2010 Spring CLE Conference
April 15-17, 2010
Radisson Hotels & Resorts
Austin, TX
Please note that this event is not handled by AILA’s National Office. All inquiries about the event should be sent directly to the AILA Texas Chapter.
2/5/2010 Avoiding Roadblocks in International Adoptions
The International Adoption Sourcebook will help you meet the needs of orphan children and prospective U.S. parents. Save 15% on this title through 2/28/10. You must mention or enter ADOPT21. Offer does not apply to previous purchases and cannot be combined with other offers. AILA Doc. No. 10020546.
2/5/2010 Free February Podcast for Members: Relief & Response for Haitians in Crisis
Paul O'Dwyer, Leslie Velez, and Cheryl Little come together for the podcast Haiti Update: Relief & Response for Haitians in Crisis. They provide the latest updates on the many issues affecting Haitian nationals in the aftermath of the devastating earthquake. AILA Doc. No. 10020547.
2/5/2010 Chicago Chapter- Chicago USCIS District Office Supervisory Listing as of January 2010 (.pdf 228 KB) Chicago District Office supervisory listing of as January 2010. AILA Doc. No. 10020548.
2/5/2010 Central Florida Chapter – EOIR Multiagency Liaison Minutes (01/21/10) (.pdf 448 KB) Central Florida Chapter minutes from EOIR meeting on 01/21/10. Announcements provided regarding EOIR’s departure from Broward Transitional Center, visitation guidelines, case filings, and Haitian TPS. AILA Doc. No. 10020549.
2/5/2010 USCIS Invitation to Teleconference on Signatures on Applications and Petitions Filed (.pdf 242 KB) USCIS invites national stakeholders to a teleconference on 2/9/10 to discuss the implementation of recently developed policy and guidance clarifying the acceptability of signatures on applications and petitions filed with USCIS. AILA Doc. No. 10020558.
2/5/2010 HHS CMS Q &A for State Medicaid Agencies on the Haitian Earthquake Crisis (.pdf 221 KB) HHS Center for Medicare and Medicaid Services (CMS) issued a list of questions and answers for state Medicaid agencies on the Haitian earthquake crisis. AILA Doc. No. 10020559.
2/5/2010 ORR State Letter on "Cuban and Haitian Entrants" Eligibility for ORR-Funded Benefits and Services (.pdf 1272 KB) ORR issued a state letter that reviews the definition of "Cuban and Haitian entrant" as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services. AILA Doc. No. 10020589.
2/5/2010 USCIS Issues 'Haitian TPS- How to Register' Informational Video
On 2/2/10, USCIS posted informational videos on how to register for Haitian TPS in English, French and Creole. All three videos are available under the USCIS Videos section of the Resources tab of the USCIS homepage. AILA Doc. No. 10020588.
2/5/2010 Rome District Chapter – Istanbul Post Liaison Minutes (05/27/09) (.pdf 667 KB) Rome District Chapter minutes from meeting on 05/27/09; discussion included staffing changes, interview/scheduling issues, B visa adjudications, NIV processing, and special considerations for E Visas. AILA Doc. No. 10020553.
2/5/2010 Preview to Annual Meeting of the President's Interagency Task Force to Monitor and Combat Trafficking in Persons (.pdf 252 KB) Ambassador-at-Large Luis CdeBaca, the Director of the Office to Monitor and Combat Trafficking in Persons, answered questions to provide a preview of the annual meeting of the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons. AILA Doc. No. 10020578.
2/5/2010 AILA Immigration Slip Opinion Blog: Kawashima III
Debbie Smith of the AILA Amicus Committee blogs on the Ninth Circuit’s third published decision in the ongoing Kawashima litigation.
2/5/2010 Central Florida Chapter – Orlando USCIS Liaison Minutes (01/21/10) (.pdf 273 KB) Central Florida Chapter minutes from USCIS meeting on 01/21/10; topics include staffing, organization, communication, processing times, naturalization, INFOPASS, adjustment of status. AILA Doc. No. 10020552.
2/5/2010 President's Interagency Task Force to Monitor and Combat Trafficking in Persons Issues Statement of Commitment (.pdf 227 KB) The members of the President’s Interagency Task Force, which includes DOS, DOJ, DHS, HHS, and other departments, issued a statement on their commitment to prevention of human trafficking, the protection of victims and the prosecution of their traffickers. AILA Doc. No. 10020577.
2/5/2010 ICE Updates List of SEVP Approved Schools (Updated 2/5/10)
On 2/4/10, ICE updated its list of Student and Exchange Visitor Program approved schools. AILA Doc. No. 08100963.
2/5/2010 June 8: Audit Workshop Part II-Defending and Employer in an LCA Audit (Web Seminar)
Web Seminar
2/5/2010 June 3: Security Clearances and Inspection Issues (Web Seminar)
Web Seminar
2/5/2010 May 11: Audit Workshop Part I-Defending and Employer in an I-9 Investigation (Web Seminar)
Web Seminar
2/5/2010 AILA Immigration Slip Opinion Blog: Third Circuit - Social Group Analysis
AILA member Ayodelle Gansallo of HIAS in Philadelphia provides an update on the Third Circuit asylum case Valdaviezo-Galdamez v. Holder. He is pro bono counsel for Mr. Valdaviezo.
2/5/2010 May 6: Immigration Consequences of Criminal Entanglement for the Business Immigration Lawyer (Web Seminar)
Web Seminar
2/5/2010 Apr. 20: An In-Depth Look at Cancellation of Removal (Web Seminar)
Web Seminar
2/5/2010 Apr. 13: Counseling the Married and Almost Married U.S. Citizen: The K-1 and K-3 Visas (Web Seminar)
Web Seminar
2/5/2010 Cancelled: USCIS Collaboration Session on Employment Eligibility Verification (.pdf 44 KB) Due the early dismissal of the federal government on 2/5/10, USCIS has decided to cancel the national stakeholders to a collaboration session on employment eligibility verification. USCIS will try to reschedule this event. AILA Doc. No. 10020169.
2/5/2010 AILA Blog: An Update - The Line? What Line? The More Tragic Truth Emerges About Legal Immigration
AILA Immediate Past President Chuck Kuck revisits his blog on employment-based immigrant visa delays and the need for immigration reform in light of the most recent numbers from the National Visa Center.
2/5/2010 Apr. 8: Traversing the New Prevailing Wage Determination Process (Web Seminar)
Web Seminar
2/5/2010 June 17: Immigration Compliance for the Expatriate (Audio Seminar)
Audio Seminar
2/5/2010 June 15: No Child Left Behind-Immigration Options for Children (Audio Seminar)
Audio Seminar
2/5/2010 June 10: Representing Small Businesses in the Employment-Based IV Context (Audio Seminar)
Audio Seminar
2/5/2010 May 20: A New Perspective on BALCA-PERM Denials and Beyond (Audio Seminar)
Audio Seminar
2/5/2010 May 13: When Naturalization Leads to Removal Proceedings (Audio Seminar)
Audio Seminar
2/5/2010 Apr. 29: NIVs and IVs for Professional Athletes (Audio Seminar)
Audio Seminar
2/5/2010 Apr. 15: Picking the Right Training Visa (Audio Seminar)
Audio Seminar
2/5/2010 AILA’s Immigration This Week: February 4, 2010
AILA’s Immigration This Week for February 4, 2010. AILA Doc. No. 10020560.
2/5/2010 Ability to Pay Beyond the Yates Memorandum Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. The panelists discussed strategies for demonstrating ability to pay when the petitioner does not meet the three prong test outlined in the Yates memorandum. AILA Doc. No. 09111669.
2/4/2010 Withdrawn USCIS Memo on Signature Requirement
AILA liaison has been informed that a USCIS memorandum dated January 19, 2010, addressing signature requirements on applications and petitions, was posted to the USCIS website prematurely and is being withdrawn. AILA Doc. No. 10020463.
2/4/2010 Catholic Charities Archdiocese of Washington Pro Bono Training & TPS Workshops (Updated 2/4/10) (.pdf 248 KB) Details about a pro bono training for volunteer attorneys and a weekend pro bono TPS workshop to assist Haitians in preparing TPS applications. Multiple workshops at multiple locations will occur. The next workshop will take place on February 13, 2010 in Silver Spring, MD. AILA Doc. No. 10012261.
2/4/2010 TPS Day with Catholic Charities Archdiocese of Atlanta
On Saturday, February 6, Catholic Charities Archdiocese of Atlanta will host its first TPS clinic to assist Haitian nationals in applying for temporary protected status. Multiple workshops at multiple locations will occur in the coming weeks. AILA Doc. No. 10020466.
2/4/2010 Responding to Haitian Needs: Spotlight on the DC Chapter
Kudos to DC chapter members who braved a snowstorm in order to assist Haitian nationals to apply for temporary protected status. AILA Doc. No. 10020465.
2/4/2010 2010 Solicitation of Nominees for AILA Officers and Directors
Charles H. Kuck, Immediate Past President and the 2010 Nominating Committee are requesting nominations for the election of AILA’s Officers and Directors. All nominations are due to Chuck no later than Friday, February 26th. AILA Doc. No. 10020464.
2/4/2010 DOS Annual Report of Immigrant Visa Applicants (.pdf 62 KB) The DOS offers an Annual Report of immigrant visa applicants in both the family and employment based preference categories. The document reports the number of cases that were registered by the National Visa Center as of 11/1/09. AILA Doc. No. 10020462.
2/4/2010 CIS Ombudsman Teleconference Q & A: Refugee Processing (.pdf 57 KB) On 1/13/10, the CIS Ombudsman issued a list of questions and answers from a teleconference on refugee processing. Topics included Form I-730 evidentiary standards, processing times, medical exams and parole. AILA Doc. No. 10020460.
2/3/2010 The Pulse: AILA’s Capitol Beat – February 2, 2010
The 207th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a new report by the Urban Institute on children in the aftermath of immigration enforcement, also take action by registering for AILA’s 2010 National Day of Action on March 25th! AILA Doc. No. 10020362.
2/3/2010 DHS/CBP Final Rule on 006 Automated Targeting System of Records
DHS issued a final rule a final rule to amend its regulations to exempt portions of the DHS/CBP 006 Automated Targeting System of Records. This rule is effective 2/3/10. (75 FR 5487, 2/3/10). AILA Doc. No. 10020343.
2/3/2010 DHS/CBP Final Rule on 007 Border Crossing Information System of Records
DHS issued a final rule to amend its regulations to exempt portions of the DHS/CBP 007 Border Crossing Information System of Records. This rule is effective 2/3/10. (75 FR 5491, 2/3/10). AILA Doc. No. 10020342.
2/3/2010 USCIS Comment Request on Revision of Form I-590
USCIS issued a comment request on revision of Form I-590, Registration for Classification as Refugee. Written comments must be submitted by 3/3/10. (75 FR 5101, 02/01/10). AILA Doc. No. 10020341.
2/3/2010 USCIS Comment Request on Revision of Form G-646
USCIS issued a comment request on revision of Form G-646, Sworn Statement of Refugee Applying for Admission to the U.S. Written comments must be submitted by 3/3/10. (75 FR 5097, 02/01/10). AILA Doc. No. 10020340.
2/3/2010 USCIS Comment Request on Revision of Form N-565
USCIS issued a comment request on revision of Form N-565, Application for Replacement Naturalization/Citizenship Document. Written comments must be submitted by 3/3/10. (75 FR 5098, 02/01/10). AILA Doc. No. 10020331.
2/3/2010 USCIS Comment Request on Revision of Form N-648
USCIS issued a notice announcing changes to the Form N-648, Medical Certification for Disability Exceptions. Written comments must be submitted by 4/2/10. (75 FR 5099, 02/01/10). InfoNet Doc. No. 10020330.
2/3/2010 CA10 on State Regulation of Employment Eligibility Verification (.pdf 320 KB) CA10 reversed grant of summary judgment against enforcement of §7(B) of OK Taxpayer and Citizen Protection Act of 2007, which forces businesses to use Basic Pilot on pain of debarment from contracting with public employers. (Chamber of Commerce of USA v. Edmonson, 2/3/10). AILA Doc. No. 10020332.
2/3/2010 AILA Anniversaries
The following members are enjoying significant AILA Anniversaries. Help us recognize members who joined in February 5, 10, 15, 20, 25 and more than 30 years ago. AILA Doc. No. 09081281.
2/3/2010 AILA Immigration Slip Opinion Blog: Bayo: A Constitutional Victory
AILA member and guest blogger Geoffrey Heeren, a Senior Attorney at the Legal Assistance Foundation, gives his view on CA7’s decision in Bayo v. Napolitano. He and AILA member Lisa Palumbo, LAF Supervising Attorney, authored the LAF-AILA Amicus brief filed in the case. AILA Doc. No. 10020329.
2/3/2010 AILA Liaison Update on USCIS Forms Validity (Updated 2/3/10)
Following reports that USCIS posted revisions to Form I-140, Form I-129S, Form I-751, Form I-601 and Form N-470 that indicate that prior versions are not accepted, AILA liaison requested clarification from USCIS. AILA Doc. No. 10020220.
2/3/2010 AILA Immigration Slip Opinion Blog: Tenth Circuit Holds K-2 visa Holders Do Not "Age-out" For Purposes of Adjustment of Status
Read the commentary of the AILA Immigration Slip Opinion blog on the Tenth Circuit’s recent decision in Colmenares Carpio v. Holder. AILA Doc. No. 10020328.
2/3/2010 USCIS Invites Stakeholders to February National Stakeholder Meeting (.pdf 83 KB) USCIS invited national stakeholders to attend USCIS National Stakeholder meeting on 2/23/10. In addition to the Q&A session, the Office of Citizenship will discuss their FY10 grant program and provide updates on other upcoming Office Initiatives. AILA Doc. No. 10020327.
2/3/2010 Transcript of Call with Senior DHS Officials on the FY2011 Budget Proposal (.pdf 95 KB) Senior DHS Officials held a background call on the Department’s FY 2011 budget that included questions on requests for the E-Verify program and CBP. AILA Doc. No. 10020326.
2/3/2010 Secretary Napolitano Announces Fiscal Year 2011 Budget Request (.pdf 62 KB) DHS Secretary Janet Napolitano issued the Department’s FY 2011 budget. DHS’ budget priority to enforce immigration laws includes funding for E-Verify, Secure Communities and English-language education for immigrants preparing for citizenship. AILA Doc. No. 10020325.
2/3/2010 DHS Fact Sheet: FY 2011 Budget Request (.pdf 80 KB) The DHS issued its $56.3 billion FY 2011 budget which requested $18M to fund USCIS Office of Citizenship and $103.4M for E-Verify. AILA Doc. No. 10020324.
2/3/2010 DHS Announces Regulation to Enhance Attorney Discipline Program (.pdf 81 KB) DHS announced a new rule to enhance the integrity of the immigration adjudication process. The new rules and procedures published on 2/2/10 in the Federal Register take effect 3/3/10. AILA Doc. No. 10020323.
2/3/2010 USCIS Q & A: DHS Implements Regulation to Enhance Attorney Discipline Program (.pdf 82 KB) USCIS issued a list of questions and answers on the new DHS regulation that clarifies who is authorized to represent applicants and petitioners in cases before DHS and updates standards and disciplinary procedures for these immigration practitioners. AILA Doc. No. 10020322.
2/3/2010 USCIS Revises Medical Certification for Disability Exceptions (.pdf 83 KB) USCIS announced the availability of a revised Medical Certification for Disability Exceptions, Form N-648, for public comment. USCIS published a Federal Register notice announcing that the revised form will be available for comment starting 2/1/10 and ending 4/2/10. AILA Doc. No. 10020321.
2/3/2010 USCIS to Issue Revised Approval Notices for Certain Forms I-129 and I-539 (.pdf 84 KB) USCIS alerted customers of certain Notices of Approval (Forms I-797) issued between January 20 and January 27, 2010, with incorrect or missing information. The form types impacted are Form I-129 and Form I-539.AILA Doc. No. 10020320.
2/2/2010 Summary of Immigration-Related Requests in the President’s Proposed 2011 DHS Budget (.pdf 87 KB) National Immigration Forum summary of the immigration-related requests in President Obama’s proposed 2011 budget for the Department of Homeland Security. AILA InfoNet Doc. No. 10020210.
2/2/2010 Central Florida Chapter – Orlando USCIS Liaison Minutes (12/04/09) (.pdf 307 KB) Central Florida Chapter minutes from meeting with USCIS on 12/04/09. Questions on the Orlando Field Office email inquiry system, Infopass, expedited processing of advance parole, filing fee processing at the field office, procedures for handling complaints against officers. AILA Doc. No. 10020238.
2/2/2010 AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport
The CBP Liaison Committee alerts practitioners of an investigation by inspectors at Newark Airport involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. AILA Doc. No. 10020237.
2/2/2010 DHS Interim Rule: Professional Conduct for Practitioners: Rules, Procedures, Representation, and Appearances
DHS issued an interim rule amending its regulations on representation and appearances by, and professional conduct of, practitioners in immigration practice. This interim rule is effective 3/4/10. Written comments must be submitted by 3/4/10. (75 FR 5225, 02/02/10). AILA Doc. No. 10020236.
2/2/2010 DOL Announces iCERT System Outage (Updated 2/2/10)
DOL provides information on iCERT System Outage. AILA Doc. No. 10020163.
2/2/2010 AILA ICE Liaison Committee Seeks Agenda Items
AILA’s ICE liaison committee seeks agenda items for its upcoming liaison meeting with ICE in March. Please send any agenda items by February 24, 2010.
2/2/2010 USCIS Memo to CIS Ombudsman on Temporary Acceptance of Filed LCAs for Certain H-1B Filings (.pdf 257 KB) On 1/28/10, USCIS Director Alejandro Mayorkas issued a formal response to the CIS Ombudsman January Contreras on Recommendation 43 regarding temporary acceptance of filed Labor Condition Applications for certain H-1B filings. AILA Doc. No. 10020234.
2/2/2010 February CLE: Seminars Addressing Ability to Pay, E Visas, U Visas and More!
The AILA February CLE schedule includes seminars addressing ability to pay; denial of spousal/fiancé(e) cases; export controls; strategies for E visas; and opportunities/obstacles with U visas. Seminars offer pre-approved CLE credit in many states at no additional charge. AILA Doc. No. 10020232.
2/2/2010 AILA Blog: Why is H-1B a Dirty Word?
AILA First Vice President Eleanor Pelta blogs on the targeting of H-1B workers. AILA Doc. No. 10020231.
2/2/2010 AILA Liaison/DOS Meeting Minutes (10/22/2009) (.pdf 334 KB) The minutes address fingerprints, DS-260, FAM, Waivers, Document lists, Skills List, Visas (E, F, H, L, U), I-130, FTJ, SAO, NVC, Labor Cert, Visa numbers, CSPA, Complaints, BITs, Bone Age, I-864, panel physician, lack capacity, recapture, HIV, posts, follow ups, and more. AILA Doc. No. 10020230.
2/2/2010 Feb. 9: What to Do When Your Spousal/Fiancé(e) Case is Denied at the Consulate (Audio Seminar)
This seminar will discuss concrete strategies and advice on how to proceed when your marriage-based or fiancé(e) visa application is denied at the consulate. Registration is open until 11:59pm, Monday, February 7. AILA Doc. No. 09111663.
2/1/2010 AILA/VSC Liaison Practice Pointer: L-1Bs at Third Party Sites
The VSC Liaison Committee reminds practitioners of issues to keep in mind when preparing to submit L-1B petitions or answer L-1B RFEs that involve third party worksites. AILA Doc. No. 10020170.
2/1/2010 USCIS Fact Sheet on TPS Scams on Haitians in English, French and Creole (Updated 2/1/10) (.pdf 150 KB) USCIS fact sheet and update warns Haitians applying for TPS to be aware of immigration scams, and offers guidance and tips to help individuals avoid becoming victims of fraud. This document includes fact sheets in English, French and Creole. AILA Doc. No. 10012665.
2/1/2010 AILA/CSC Liaison Practice Pointer: Multiple Beneficiary H-2B Petitions
Regulations permit the filing for multiple beneficiaries if all H-2B workers will be performing the same service, for the same period of time, and in the same location. AILA’s CSC Liaison Committee provides a Practice Pointer regarding Multiple Beneficiary H-2B Petitions. AILA Doc. No. 10020168.
2/1/2010 DOJ Office of Special Counsel Winter 2010 Newsletter (.pdf 832 KB) The Department of Justice Civil Rights Department recently released a newsletter outlining their work. The issue covers OSC’s work on E-Verify, TPS, No-Match, DOL, I-9 compliance and more. AILA Doc. No. 10020167.
2/1/2010 Comment Request Period Extended for Form I-775 (Updated 2/1/10)
USCBP issued a an extension of an existing Information Collection; Comment Request for Form I-775, Visa Waiver Program Carrier Agreement. The comment period is extended until 3/3/10. (75 FR 5099, 2/1/10). (74 FR 60281, 11/20/09). AILA Doc. No. 09112063.
2/1/2010 VSC Resumes Accepting Attorney-signed I-907 Premium Processing Forms (Updated 2/1/10)
AILA has learned that the VSC has been rejecting the I-907 Premium Processing Form if the applicant/petitioner did not sign the form. AILA/VSC Liaison Committee has now learned that the VSC will now resume accepting the form signed by the attorney. AILA Doc. No. 10012971.
2/1/2010 DOJ Blog: Reflecting on National Slavery and Human Trafficking Prevention Month
DOJ blogs on cases and programs to combat human trafficking. If you suspect an act of human trafficking in your area, you can report a tip to the National Human Trafficking Resource Center toll free hotline at 1-888-373-7888, 24 hours a day/7 days a week. AILA Doc. No. 10020164.
2/1/2010 AILA Immigration Slip Opinion Blog: Kucana, an Inside Look
Guest blogger, Chuck Roth, Director of Litigation at the National Immigrant Justice Center, comments on the Supreme Court’s recent decision in Kucana v. Holder on jurisdiction to review motions to reopen.
2/1/2010 AILA Blog: What Happens When USCIS Breaks The Law?
AILA Immediate Past President Chuck Kuck blogs on USCIS memos on the H-1B and the EB-5 programs.
2/1/2010 BIA on “Changed Circumstances” Related to Asylum Application Filing Delays (.pdf 20 KB) The particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’” Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010). AILA Doc. No. 10020162.
2/1/2010 How to Schedule an Appointment for an Orphan Screening at the U.S. Embassy in Port au Prince (.pdf 65 KB) USCIS is screening Haitian children for possible humanitarian parole if they fit into one of two special categories authorized by DHS. The categories only apply to children who were adopted or were in the process of being adopted by American families prior to 1/12/10. AILA Doc. No. 10020161.
2/1/2010 AILA Midwest Regional CLE Conference
April 9, 2010
Chicago Hilton & Towers
Chicago, IL
This event is being presented by AILA’s Chicago Chapter. This event is not being organized by the AILA National Office.
2/1/2010 7th Annual AILA New England Chapter Advanced Immigration Law Conference
Immigration Law: Getting the Inside Track
Friday, February 26, 2010
Federal Reserve Bank
Boston, MA
Presented by the AILA New England Chapter in cooperation with Suffolk University Law School. Please note that this event is not handled by AILA’s National Office.
1/29/2010 CA5 Finds State Felon-in-Possession Offense Conviction Constitutes Aggravated Felony (.pdf 84 KB) CA5 affirmed denial of petition for cancellation of removal, finding that state felon-in-possession offenses need not have an interstate commerce element in order for the offense to be an offense “described in” 18 U.S.C. § 922(g)(1). (Hernandez v. Holder, 12/30/09). AILA Doc. No. 10012974.
1/29/2010 Updates on Correcting Government Errors, Haitian TPS, B NIVs, I-751s – and More!
Recordings of January Seminars are now available for purchase. Topics covered include Degree Equivalency; I-751s; B NIVs; Paternity Issues for Children; Haitian TPS; and Correcting Government Errors. Listen from the convenience of your office, home, car or iPod! AILA Doc. No. 10012972.
1/29/2010 CA5 on Establishing Required Period of Residency for Cancellation of Removal (.pdf 89 KB) CA5 affirmed, finding petitioner ineligible for cancellation of removal based on failure to establish required period of residency under INA §240A(a). CA5 found the rationale of CA3 in Augustin persuasive in rejecting petitioner’s arguments. (Deus v. Holder, 12/23/09). AILA Doc. No. 10012970.
1/29/2010 DOS Anti-Trafficking Efforts in Haiti (.pdf 38 KB) DOS and its partners are intensifying efforts addressing the potential for trafficking in persons, particularly children, in post-earthquake Haiti including registration of unaccompanied and separated children, tracing, and family reunification. AILA Doc. No. 10012969.
1/29/2010 Important DOL E-Mail Addresses (Updated 01/29/10) (.pdf 17 KB) AILA’s Department of Labor Liaison Committee has compiled this chart of important DOL e-mail addresses. AILA Doc. No. 09012860.
1/29/2010 BIA Reaffirms Matter of Briones on Ineligibility for §245(i) Adjustment of Status (.pdf 22 KB) An alien who is inadmissible under INA §212(a)(9)(C)(i), is ineligible for adjustment of status under INA §245(i). Matter of Briones, 24 I&N Dec. 355 (BIA 2007) reaffirmed. Matter Diaz and Lopez, 25 I&N Dec. 188 (BIA 2010). AILA Doc. No. 10012968.
1/29/2010 USCIS and Los Angeles Announce Immigrant Integration Partnership (.pdf 56 KB) USCIS and Los Angeles Mayor Antonio Villaraigosa announced a new partnership to strengthen immigrant integration efforts in Los Angeles. The initiative begins with a free citizenship information session and naturalization workshop on 1/30/10. AILA Doc. No. 10012967.
1/29/2010 DHS Continues To Assist Recovery Efforts in Haiti (.pdf 31 KB) DHS announced that it continues to support U.S. government efforts to provide operational and humanitarian assistance in Haiti by deploying over 1,000 personnel. As of 1/28/10, USCIS in Port Au Prince had processed more than 480 orphan cases. AILA Doc. No. 10012966.
1/29/2010 Stakeholder/USCIS Q & As (1/26/10) (.pdf 77 KB) The Q&As address VAWA, T and U Visas, H-1B1 numbers, H-1Bs, I-90 rejections, I-90s for 14 year olds, delayed biometric notices, Secure Mail Initiative (SMI), cap gap for J-1s, and more. AILA Doc. No. 10012963.
1/29/2010 Exclusive AILA Desktop Wallpaper for Members
Create a professional look on your computer with one of these three AILA desktop wallpapers designed for you! The 1024 X 768 size fits most standard screens. AILA Doc. No. 10012965.
1/29/2010 CA7 Finds Denationalization Based on Ethnicity as Form of Persecution in Asylum Case (.pdf 85 KB) CA7 remanded, finding that petitioner’s denationalization based on his Eritrean ethnicity was persecution and created a presumption that he has a well-founded fear of being persecuted should he be returned to Ethiopia (Haile v. Holder, 1/06/10). AILA Doc. No. 10012964.
1/29/2010 Iowa-Nebraska Chapter Immigration Law Seminar
Getting the Answer-Getting It Right
March 26, 2010
Embassy Suites
La Vista, NE
Presented by the AILA Iowa-Nebraska Chapter and Nebraska CLE. Please note that this event is not handled by AILA’s National Office.
1/29/2010 New England Chapter – Monthly Liaison USCIS Meeting Minutes (09/17/2010) (.pdf 54 KB) New England Chapter meeting on 9/17/09 covering Interoffice processing issues concerning adjustment interviews, InfoPass, naturalization exams; motions to reopen for Boston, Lawrence, Providence, Portland, and Nashua District Offices; updated processing statistics and times. AILA Doc. No. 10012950
1/29/2010 AILA’s DOL Liaison Committee Reports on PWD Confirmation E-Mail Glitches
The AILA DOL Committee has received numerous reports that on confirming emails for Prevailing Wage Requests the position title is being pulled from the Requestor's Point of Contact field rather than the Job Offer Information field. AILA Doc. No. 10012961.
1/28/2010 AILA’s Immigration This Week for January 28, 2010
AILA’s Immigration This Week for January 28, 2010. AILA Doc. No. 10012830.
1/28/2010 Questions Sought for Upcoming NSC Teleconference on “Student/School” Product Line
The Nebraska Service Center Liaison Committee requests questions for the February 25, 2010 teleconference on the Student/School Product Line. AILA Doc. No. 10012870.
1/28/2010 Fact Sheet on EOIR’s Legal Orientation and Pro Bono Program (.pdf 43 KB) On 1/27/10, EOIR issued a fact sheet on its Legal Orientation and Pro Bono Program, which includes four initiatives: the Legal Orientation Program (LOP), the BIA Pro Bono Project, the Unaccompanied Alien Children Initiative and the Model Hearing Program. AILA Doc. No. 10012869.
1/28/2010 DHS Issues PIA on the ICE Child Exploitation Tracking System (ICE-CETS) (.pdf 234 KB) On 1/19/10, ICE released a Privacy Impact Assessment for the ICE Child Exploitation Tracking System (ICE-CETS), a centralized information repository that assists law enforcement in conducting child exploitation investigations. AILA Doc. No. 10012868.
1/28/2010 ICE Testimony and Suggestions for Federal Sentencing Guidelines Changes (.pdf 244 KB) On 1/20/10, ICE testified before the U.S. Sentencing Commission. ICE suggestions included raising the base level of the alien smuggling offense, updating penalties to reflect large-scale operations, and creating an incentive for aliens to agree to stipulated removal orders. AILA Doc. No. 10012867.
1/28/2010 USCIS Q & A on Filing Instructions for the E-2 CNMI Investor Classification (.pdf 56 KB) On 1/20/10, USCIS issued a list of questions and answers on filing instructions for the E-2 Commonwealth of the Northern Mariana Islands (CNMI) Investor Classification. The program is only in effect during the transition period which is scheduled to expire on 12/31/14. AILA Doc. No. 10012866.
1/28/2010 USCIS Changes Filing Location for Form I-601 (.pdf 57 KB) USCIS announced revised filing instructions and addresses for applicants filing Form I-601, Application for Waiver of Ground of Inadmissibility. USCIS will forward incorrectly filed I-601 applications to the USCIS Lockbox facilities until 2/27/10. AILA Doc. No. 10012865.
1/28/2010 USCIS to Reissue Advance Parole Documents (.pdf 249 KB) USCIS announced that it will reissue Advance Parole documents (Form I-512) in response to documents that were mailed to applicants with an incorrect issue date of January 5, 1990. AILA Doc. No. 10012864.
1/28/2010 USCIS Fact Sheet on Humanitarian Parole (.pdf 62 KB) USCIS issued a fact sheet on humanitarian parole that includes questions and answers and guidelines on filing. AILA Doc. No. 10012863.
1/28/2010 AAO Processing Times 1/4/10 (.pdf 92 KB) The AAO has released its processing times as of January 4, 2010. AILA Doc. No. 1002862.
1/28/2010 AILA and AIC Sign Letter Urging ICE to Take Immediate Steps in Response to Detainee Deaths (.pdf 32 KB) AILA and AIC joined other organizations in a letter to ICE Assistant Secretary Mr. John Morton on ICE’s response to detainee deaths that urges and provides short-term recommendations for immediate concrete steps to bring greater accountability. AILA Doc. No. 10012860.
1/28/2010 USCIS Fraud Referral Sheet (.pdf 126 KB) USCIS Fraud Referral Sheet which was submitted into evidence by ICE during removal proceedings. AILA Doc. No. 10012861.
1/28/2010 Immigration Slip Opinion Blog
AILA Amicus Committee's Notes & Comments On Immigration Adjudication.
1/28/2010 The Pulse: AILA’s Capitol Beat – January 26, 2010
The 206th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read about a new report from the Immigration Policy Center, and take action by registering for AILA’s 2010 National Day of Action on March 25th! AILA Doc. No. 10012960.
1/27/2010 Margo Schlanger Chosen as DHS Officer for Civil Rights and Civil Liberties (.pdf 218 KB) DHS welcomed Margo Schlanger to lead the DHS Office for Civil Rights and Civil Liberties. She brings to DHS expertise in constitutional law and civil rights. AILA Doc. No. 10012767.
1/27/2010 EOIR Haitian TPS Information Webpage
EOIR announced that Haitian cases will continue to be adjudicated on a case-by-case basis, but EOIR will take action, as appropriate, in cases where a respondent is eligible for Temporary Protected Status (TPS). AILA Doc. No. 10012766.
1/27/2010 Departure of Haitian Orphans Covered By Humanitarian Parole (.pdf 225 KB) U.S. and Haitian government officials have met to establish a procedure for securing departure approval for children already in the adoption process before the 1/12/10 earthquake. As of 1/26/10, humanitarian parole has been granted to almost 500 Haitian orphans. AILA Doc. No. 10012765.
1/27/2010 BIA on Stepparent Qualification as “Parent” to Establish Hardship under INA §240A(b)(1)(D) (.pdf 204 KB) A stepparent who qualifies as a “parent” under INA §101(b)(2), at time of proceedings is a qualifying relative for purposes of establishing exceptional and extremely unusual hardship for cancellation of removal under INA. Matter of Morales, 25 I&N Dec. 186 (BIA 2010). AILA Doc. No. 10012764.
1/27/2010 AILA Blog: New York State Attorney General Andrew Cuomo Steps up to the Plate on Combating the Unauthorized Practice of Law
AILA Past President, Deborah Notkin blogs about New York Attorney General Andrew M. Cuomo’s decision to sue two immigration services organizations for engaging in the unauthorized practice of law.
1/27/2010 USCIS Q & A on Requesting Fee Waivers for TPS Applicants (.pdf 263 KB) If you wish for USCIS to consider waiving the fees for your Temporary Protected Status (TPS) application, please follow the instructions provided on requesting a fee waiver at http://www.uscis.gov/feewaiver and in these Questions and Answers. AILA Doc. No. 10012762.
1/27/2010 AILA Second Annual Open House (.pdf 1514 KB) AILA’s Second Annual Open House will be held Friday, February 19th from 10-4. Join us to learn more about AILA programs and services, meet AILA staff, and network with your peers. There will be two AILALink training sessions, as well as an InfoNet training session. AILA Doc. No. 10012761.
1/27/2010 AILA Liaison Memo Re NIV Owners/Beneficiaries (.pdf 312 KB) Memo from AILA's USCIS liaison committee to USCIS' chief counsel presenting legal arguments on eligibility for nonimmigrant status of owners of substantial interests in the petitioning company. That aspect of the 1/8/10 Neufeld memo is addressed. AILA Doc. No. 10012760.
1/26/2010 CWS Sample Affidavit of Support for I-601 Waiver under TPS Standard (.pdf 41 KB) Sample affidavit of support to assist waiver preparers with I-601 waivers based on humanitarian grounds, family unity, or the public interest. Generously provided by Church World Service (CWS). AILA Doc. No. 10012677.
1/26/2010 PLI Free Audio Webcast on Legal Issues in Haiti Post-Crisis
Free one-hour briefing sponsored by the Practising Law Institute (PLI) on TPS applications and disaster-related pro bono legal/non-legal assistance to minimize the risk of catastrophic loss of life and infrastructure. AILA Doc. No. 10012675.
1/26/2010 Free Recording & Power Point from LIRS Free Webinar on Haitian TPS
Recording of a free training opportunity from the Lutheran Immigration and Refugee Service on how to apply for Haitian TPS. Comprehensive written notes from the webinar are also available here. AILA Doc. No. 10012666.
1/26/2010 Memo on Adjudicating Forms I-212 for Aliens Inadmissible under INA 212(a)(9)(C) or Subject to Reinstatement under 241(a)(5) in Light of Gonzalez v. DHS
Rescinding an earlier Memo, this 5/19/09 Aytes Memorandum discusses adjudicating Forms I-212 for aliens inadmissible under INA 212(a)(9)(C) or who are subject to reinstatement under 241(a)(5) in light of Duran Gonzalez v. DHS, 508 F.3d 1227(9th Cir. 2007). AILA Doc. No. 10012674.
1/26/2010 President Proclaims National Angel Island Day, 2010
The President proclaimed 1/21/10 National Angel Island Day. The proclamation states that “if there is any vindication for the Angel Island immigrants who endured so many hardships, it is the success achieved by those who were allowed entry.” (75 FR 3981, 1/26/10). AILA Doc. No. 10012673.
1/26/2010 CLINIC Fee Waiver Application Form
Fee waiver request form and declaration created by Catholic Legal Immigration Network, Inc. (CLINIC). Local agencies can use this form as is, or adapt it based on their experience with their local or regional USCIS office. Not limited to use with TPS applications. AILA Doc. No. 10012672.
1/26/2010 BIA Finds Death of Petitioning Spouse in Conditional Period Excuses I-751 Joint Filing Requirement (.pdf 22 KB) A conditional permanent resident seeking to remove conditional basis of status, who timely filed petition and appeared for interview, doesn’t need separate hardship waiver if petitioning spouse died in 2-year conditional period. Matter of Rose, 25 I&N Dec. 181 (BIA 2010). AILA Doc. No. 10012671.
1/26/2010 CT Lawyers for Haiti Clinics: Hartford, Norwich, New Haven, Stamford (.pdf 994 KB) On Saturday, February 6, Connecticut Lawyers for Haiti will hold free clinics to assist Haitians in applying for TPS. The clinics will take place at 4 locations statewide. Each will provide assistance to Haitians who are out-of-status and think they may qualify for TPS. AILA Doc. No. 10012670.
1/26/2010 Quick Reference Government Contact Information (Updated 1/26/10) (.pdf 208 KB) As a quick reference guide, AILA offers a list of government contact information, which includes various phone numbers, addresses, e-mails, AILA InfoNet document numbers, and URLs. AILA Doc. No. 09052767.
1/26/2010 FIAC Fill in the Blank Fee Waiver Request & Affidavit (.doc 32 KB) Fill in the blank fee waiver request form and affidavit, specifically following the TPS regulations regarding the necessary documentation. Generously provided by the Florida Immigrant Advocacy Center. AILA Doc. No. 10012668.
1/26/2010 NY Attorney General Sues Two Immigration Services Organizations for Providing Fraudulent Legal Services (.pdf 34 KB) New York Attorney General Andrew M. Cuomo sued two immigration services organizations for defrauding immigrants with false promises of citizenship, engaging in the unauthorized practice of law, and illegally charging exorbitant fees for services. AILA Doc. No. 10012667.
1/26/2010 TPS and Relief for Haitians in the U.S. Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. This seminar discussed preparing/filing applications, clients in proceedings, appealing denials, advising clients, options for those who do not qualify, and more. AILA Doc. No. 10011964.
1/26/2010 Top 10 Government Errors and How to Correct Them Seminar Recording
This AILA Seminar recording is available for purchase; choose from immediate download or CD. This seminar provided tips and advice for quickly resolving the top ten government errors in client cases. AILA Doc. No. 09111662.
1/26/2010 USCIS Offers Contact Information (.pdf 60 KB) USCIS advises how to inform USCIS of Customer Feedback/Complaints. Although located on a VSC page, the address and e-mail provided can be used for all USCIS feedback and complaints. USCIS also offers contact information for the VSC and the VSC Premium Processing Unit. AILA Doc. No. 10012664.
1/26/2010 AILA and AIC Amicus Brief Addresses Supreme Court Brand X Decision (.pdf 562 KB) AILA, AIC, and Northwest Immigrants Rights Project, submitted an amicus brief in the Supreme Court case In Re Tan, arguing that the BIA must follow 9th Circuit law because the “disfavored group” analysis is mandated by the plain, unambiguous language of the statute. AILA Doc. No. 10012663.
1/26/2010 Contact and Delivery Information for AAO (Updated 1/26/10)
Mailing address, courier service address, phone number and fax number for the USCIS Administrative Appeals Office. Courtesy of Doug Stump, AILA-AAO Liaison Committee Chair.
1/26/2010 Benjamin Gim: A Great Life Remembered
AILA mourns the loss of Benjamin Gim, past president and recipient of the 1982 Jack Wasserman and 1994 Edith Lowenstein Memorial Awards. Remembrance courtesy of Arnold Kawano. AILA Doc. No. 10012662.
1/26/2010 CA10 Finds K-2 Visa Holder Over 21 Years-Old Did Not “Age Out” (.pdf 56 KB) CA10 held that a K-2 visa holder who timely applies for adjustment of status under INA § 245(d) must be under 21 when he or she seeks to enter the U.S., but not when the adjustment application is finally adjudicated. (Carpio v. Holder, 1/12/10). AILA Doc. No. 10012660.

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