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2/3/2012 AILA Comments on USCIS Draft L-1 Blanket RFE Template (.pdf 82 KB) AILA’s comments in response to the USCIS draft request for evidence (RFE) template, “I-129 L-1 Intracompany Transferees: Blanket Petition.” AILA Doc. No. 12020321.
2/3/2012 AILA Comments on USCIS Draft L-1A Manager/Executive RFE Template (.pdf 76 KB) AILA’s comments in response to the USCIS draft request for evidence (RFE) template, “I-129 L-1 Intracompany Transferees: L-1A Manager or Executive.” Special thanks to Dagmar Butte. AILA Doc. No. 12020322.
2/3/2012 AILA Comments on USCIS Draft L-1A New Office RFE Template (.pdf 105 KB) AILA’s comments in response to the USCIS draft request for evidence (RFE) template, “I-129 L-1 Intracompany Transferees: L-1A New Office (First Year).” Special thanks to Dagmar Butte. AILA Doc. No. 12020320.
2/3/2012 PERM and iCERT System Updates (Updated 2/1/12)
AILA has learned that iCERT will be down on Monday, 2/6/12 between 8am and 1pm EST to implement enhancements to the iCERT Prevailing Wage Module. AILA Doc. No. 10101531.
2/3/2012 CA4 on Drug Conviction and Naturalization (.pdf 475 KB) The court affirmed a district court decision denying the plaintiff’s application for naturalization, holding his 2002 drug conviction, which was subsequently set aside on rehabilitative grounds, remains unchanged for immigration purposes. (Phan v. Holder,, 2/1/12). AILA Doc. No. 12020345.
2/3/2012 DHS Bulletin Newsletter, January 2012 (.pdf 563 KB) DHS Bulletin newsletter from 1/27/12 outlining press releases, statements, op-eds, testimony, blog posts and other public documents about DHS activities, including Secretary Napolitano’s second annual “State of America’s Homeland Security” address. AILA Doc. No. 12020346.
2/3/2012 CA10 Finds No Past Persecution in Chinese Asylum Case (.pdf 479 KB) The court found that the economic penalties imposed on the petitioner as result of his resistance to Chinese population control policies did not rise to the level of past persecution, and affirmed the denial of asylum and CAT relief. (Pang v. Holder, 1/6/12). AILA Doc. No. 12020347.
2/3/2012 USCIS January 2012 EDIS Bulletin (.pdf 509 KB) USCIS External Data Interface Standards (EDIS) Bulletin for January 2012, which includes a note that the timeframe for Transformation has been revised. AILA Doc. No. 12020348.
2/3/2012 AILA New Members Division Newsletter (Volume 4, Issue 2)
In this issue: AILA resources that can help you win your case, navigating the Adam Walsh minefield, easy tips to improve your practice for the new year, and more! AILA Doc. No. 12020364.
2/3/2012 2012 Nominating Cmte Call for Nominations (.pdf 224 KB) The 2012 Nominating Committee is seeking nominations for national officer and Board of Governors positions. AILA Doc. No. 12020363.
2/3/2012 USCIS Notice of Field Office Closings (Updated 2/3/12)
District 19/Denver USCIS Field Office and Aurora Application Support Center (ASC) will be closed on Friday, February 3, 2012 to the public. AILA Doc. No. 11082361.
2/3/2012 EB-5 Regional Centers Seminar Recording
EB-5 has become a go to source for business organizations seeking a viable source of alternative capital. Listen in to learn about the requirements of Regional Center Designation. This AILA Seminar recording is available for purchase; choose from immediate download or CD. AILA Doc. No. 11121246.
2/3/2012 DHS PIA Report on FALCON Search System (.pdf 512 KB) DHS Privacy Impact Assessment (PIA) report announcing a consolidated information management system called FALCON Search & Analysis System which enables ICE law enforcement and homeland security personnel to search, analyze and visualize volumes of existing information. AILA Doc. No. 12020361.
2/3/2012 USCIS Press Release on Adoptions from Vietnam (.pdf 253 KB) USCIS press release announcing that it cannot approve a Form I-800 (Petition to Classify Convention Adoptee as an Immediate Relative) filed on behalf of a child to be adopted from Vietnam. AILA Doc. No. 12020360.
2/2/2012 AILA’s Immigration This Week: February 2, 2012
AILA’s Immigration This Week discusses White House measures meant to attract foreign-born entrepreneurs and highly-skilled immigrants, iCert enhancements, and a new ICE detainee transfer policy, as well as updates from USCIS, DOS, AILA Liaison, AIC, and much more. AILA Doc. No. 12020220.
2/2/2012 The Pulse: AILA’s Capitol Beat – January 31, 2012
The 309th issue of the AILA Advocacy Department’s proactive advocacy briefing. In this issue, read an update on the Child Tax Credit and the payroll tax extension and how you can take action. AILA Doc. No. 12020266.
2/2/2012 Pre-Order Kurzban's Sourcebook, 13th Edition Now! Chapter Bulk Orders Save Up to 30%
Pre-order the new Kurzban’s Immigration Law Sourcebook. Order through your participating chapter and take advantage of bulk purchase savings of up to 30% off the AILA member price of $399 (discount based on total number of books ordered by an individual chapter). AILA Doc. No. 12020265.
2/2/2012 AILA Slip Opinion Blog on Administrative Closure Decisions
AILA Amicus Committee member Shoba Sivaprasad Wadhia blogs about an important 1/31/12 Board of Immigration Appeals conclusion on “administrative closure” decisions.
2/2/2012 DOS Final Rule on Schedule of Fees for Consular Services (Updated 2/2/12)
DOS final rule on Schedule of Fees for Consular Services. Specifically, the rule made changes to the Schedule of Fees for Consular Services (Schedule) for a number of different fees. This final rule became effective 02/02/12. (77 FR 5177, 02/02/12) (75 FR 36522, 06/28/10) AILA Doc. No. 10062566.
2/2/2012 Sign-On Letter to Senators Encouraging Support of VAWA Reauthorization (.pdf 67 KB) On 2/1/12, AILA joined immigrants’ rights organizations and domestic violence advocates in requesting that the Senate Judiciary Committee and DHS Sec. Napolitano support the reauthorization of VAWA. AILA Doc. No. 12020264.
2/2/2012 DOS Terrorist Designation for Yassin Chouka
DOS notice stating that Secretary of State Hillary Clinton has designated Yassin Chouka as a ‘specially designated global terrorist’ pursuant to section 1(b) of Executive Order 13224 of September 23, 2001. (77 FR 5291, 02/02/12) AILA Doc. No. 12020263.
2/2/2012 DOS Terrorist Designation for Monir Chouka
DOS notice stating that Secretary of State Hillary Clinton has designated Monir Chouka as a ‘specially designated global terrorist’ pursuant to section 1(b) of Executive Order 13224 of September 23, 2001. (77 FR 5291, 02/02/12) AILA Doc. No. 12020262.
2/2/2012 DOS/VO Organizational Chart (Updated 2/2/12)
Department of State (DOS) organizational charts listing DOS leadership. AILA Doc. No. 02100372
2/2/2012 DOS Terrorist Designation for Mevlut Kar
DOS notice stating that Secretary of State Hillary Clinton has designated Mevlut Kar as a ‘specially designated global terrorist’ pursuant to section 1(b) of Executive Order 13224 of September 23, 2001. (77 FR 5291, 02/02/12) AILA Doc. No. 12020261.
2/2/2012 ICE Releases New Detainee Transfer Policy (.pdf 9535 KB) ICE directive, effective 1/4/12, establishing new requirements for the transfer of immigration detainees. ICE states that the new policy will substantially reduce the transfer of detainees who have family members, attorneys, or pending immigration proceedings in the area. AILA Doc. No. 12020260.
2/2/2012 Feb. 9: Religious Workers: Current Issues, Updates, and Strategies [Audio Seminar]
This seminar covers how to deal with the RFEs and evidence to be provided, including secondary documentation when the standard primary documents are not available. Registration is open until 11:59pm, Wednesday, February 8. AILA Doc. No. 11121237.
2/1/2012 AILA Leadership Blog on Self-Deportation
AILA guest blogger William Stock writes about the debate surrounding "self-deportation" in light of anti-immigrant legislation within several states today.
2/1/2012 AILA CBP Liaison Q&As (11/9/2011) (.pdf 296 KB) Approved AILA CBP Liaison Q&As discuss FOIA, TNs, adjudications, parole, K EADs, IVs, I-797s, Bs, I-192s, voluntary return, refugee/asylee, prioritization, and more. AILA Liaison seeks clarification from CBP on agenda items with ambiguous, missing, or incomplete answers. AILA Doc. No. 12020166.
2/1/2012 iCERT Prevailing Wage Module Enhancements (.pdf 247 KB) Office of Foreign Labor Certification (OFLC) document introducing several major enhancements to its web-based iCERT Visa Portal System to enhance customer service and improve the processing of employer requests for prevailing wage determinations. AILA Doc. No. 12020165.
2/1/2012 CBP Organizational Chart and HQ Contact Information
Customs and Border Protection (CBP) organizational chart, including CBP Headquarters contact information. AILA Doc. No. 12020164.
2/1/2012 USCIS Teleconference Invitation for E-Verify Self Check Program (.pdf 256 KB) USCIS invitation for a 2/9/12 teleconference for national stakeholders to discuss the expansion of the E-Verify ‘Self Check’ program to all 50 states. RSVP by 2/7/12. AILA Doc. No. 12020163.
2/1/2012 USCIS Presentation for Teleconference on Consular Notification Process (Updated 2/1/12) (.pdf 532 KB) USCIS presentation for the 2/1/12 teleconference with stakeholders on the consular notification process for immigrant and non-immigrant approvals as related to visa issuance. Original invitation and call-in information included. AILA Doc. No. 12010560.
2/1/2012 Call to All AILA Members: Questions Sought to Present to TSC
AILA's Texas Service Center (TSC) Liaison Committee requests agenda items from all AILA members to present to TSC. AILA Doc. No. 12020162.
2/1/2012 CA9 on Derivative Citizenship and Equal Protection (.pdf 235 KB) The court held the petitioner did not derive citizenship under the controlling statute - 8 U.S.C. § 1432(a) - because only one of his parents naturalized before his eighteenth birthday, and that the statute did not deny equal protection. (U.S. v. Casasola, 1/30/12) AILA Doc. No. 12020160.
2/1/2012 J-1 Waivers In-Depth Seminar Recording
Have a client that's subject to the two year home residency requirement? This seminar provided an overview of the different ways to obtain a waiver. This AILA Seminar recording is available for purchase; choose from immediate download or CD. AILA Doc. No. 11120766.
1/31/2012 AILA TSC Liaison Obtains New "Card Push" E-mail (Updated 1/31/12)
AILA's TSC Liaison has confirmed that the old "card push" email address is no longer valid. TSC has provided AILA with a new email address for checking the status of an unreceived I-551 card. AILA Doc. No. 06060262.
1/31/2012 Prosecutorial Discretion Implementation: Synthesis of AILA Chapter Reports (Updated 1/31/12) (.pdf 564 KB) A compilation of reports on DHS’s implementation of prosecutorial discretion nationwide from AILA local liaison meetings, individual conversations with government officials, and AILA chapter observations. AILA Doc. No. 12010793.
1/31/2012 CA1 Denies Guatemalan Withholding Claim (.pdf 506 KB) The court found the Guatemalan petitioner did not show a connection between her feared harm and her membership in either of two social groups: single women perceived to have substantial economic resources or former children of war. (Arevalo-Giron v. Holder, 1/31/12). AILA Doc. No. 12013149.
1/31/2012 CA1 Denies El Salvadoran Asylum Claim (.pdf 70 KB) The court found the petitioner, who argued he was persecuted by the FMLN guerillas in El Salvador, did not produce convincing evidence of a causal connection between his political beliefs and the harm he suffered. (Guerrero v. Holder, 1/31/12) AILA Doc. No. 12013172.
1/31/2012 CA7 on Withholding of Removal and China’s “One-Child” Policy (.pdf 81 KB) The court found that the petitioner did not prove that it was more likely than not she would be persecuted because of her opposition to China’s “one child” policy if she returns to China. (Zheng v. Holder, 1/31/12) AILA Doc. No. 12013171.
1/31/2012 FY2012 H-2B Cap Count (Updated 01/31/12)
As of 1/27/12, USCIS receipted 29,301 petitions toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 21,689 approved and 7,612 pending petitions. H-2B cap count information for the second half of FY2012 also is available. AILA Doc. No. 11080965.
1/31/2012 USCIS Announces Entrepreneurs in Residence Information Summit (.pdf 90 KB) USCIS invitation to stakeholders for a 2/22/12 information summit on the launch of the Entrepreneurs in Residence initiative in Silicon Valley, CA. Registration is on a first come, first serve basis. AILA Doc. No. 12013170.
1/31/2012 BIA Holds IJs Can Grant Opposed Motion for Administrative Closure (.pdf 40 KB) The Board held that immigration judges and the Board may administratively close removal proceedings, even if a party opposes, if it is otherwise appropriate under the circumstances, overruling Matter of Gutierrez. (Matter of Avetisyan, 1/31/12) AILA Doc. No. 12013169.
1/31/2012 DHS Press Release on Retaining Highly-Skilled Immigrants (.pdf 41 KB) DHS press release outlining Obama administration reforms that would help attract new businesses investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world, including the commitment to attracting and retaining highly-skilled immigrants. AILA Doc. No. 12013168.
1/31/2012 DOS Press Release on Visa Demand to Spur Economic Growth (.pdf 30 KB) Department of State press release on new initiatives to promote the U.S. as a premier destination for international travelers by making processes for moving people and goods more secure and more efficient. AILA Doc. No. 12013167.
1/31/2012 Pre-Publication of Pending Final Rule on L Visas Full Validity
Pre-publication pending final rule on the issuance of L visas with validity periods based on the visa reciprocity schedule, whereas the current rule limits L visas to the petition validity period. AILA Doc. No. 12013164.
1/31/2012 USCIS E-Verify Connection Newsletter, January 2012 (Issue 6) (.pdf 206 KB) USCIS E-Verify Connection newsletter for January 2012 covering new developments regarding I-9 forms, launching a new E-Verify Employee Rights Video and more. AILA Doc. No. 12013166.
1/31/2012 DOS Fact Sheet on Visa Pilot Program (.pdf 31 KB) Department of State fact sheet press release from 1/19/12 stating that DOS and DHS are working together to improve and speed up the visa process for certain categories of travelers. AILA Doc. No. 12013165.
1/31/2012 White House Press Release on Startup America Legislative Agenda (.pdf 75 KB) White House press release on Startup America Legislative Agenda which will expand tax relief, unlock capital for small businesses and take steps to attract and retain foreign-born entrepreneurs and highly-skilled immigrants. AILA Doc. No. 12013163.
1/31/2012 Welcome New Members
AILA would like to welcome its newest members. AILA Doc. No. 11123049.
1/31/2012 CBP Notice on Native American Tribal Card for Western Hemisphere Travel Initiative
CBP notice officially designating an approved Native American Tribal Card issued by the Kootenai Tribe of Idaho (Kootenai Tribe) to U.S. and Canadian citizens as an acceptable travel document for purposes of the Western Hemisphere Travel Initiative. (77 FR 4822, 01/31/12) AILA Doc. No. 12013162.
1/31/2012 Visa Reciprocity Changes for Ghana and Cote d’Ivoire (Updated 1/31/12) (.pdf 17 KB) Department of State updates to the visa reciprocity tables, including updated information on Ghana and Cote d’Ivoire. AILA Doc. No. 12011869.
1/31/2012 USCIS Blog on Naturalization Oath Ceremonies
USCIS blog posting about which entities have the legal right to conduct naturalization oath ceremonies around the country. AILA Doc. No. 12013160.
1/31/2012 DOS Telephone List of Key Officers (Updated 01/31/12) (.pdf 363 KB) Unclassified list of key Department of State officers current as of 1/18/12. AILA Doc. No. 07122063.
1/30/2012 CA4 Rejects Matter of Silva-Trevino (.pdf 531 KB) The court rejected the framework established in Matter of Silva-Trevino for determining whether a conviction constituted a CIMT, noting that the moral turpitude statute is neither ambiguous nor silent. (Prudencio v. Holder, 1/30/12). AILA Doc. No. 12013047.
1/30/2012 Annual Conference Registration Now Open!
The Annual Conference is the premier event and the largest gathering of the immigration law community. You are certain to leave this meeting with the most up-to-date information, insights and expert analysis of current topics to assist you in your practice. AILA Doc. No. 12013048.
1/30/2012 CA10 Strikes Down Post-Departure Bar Regulation (.pdf 494 KB) In an unanimous en banc decision, the court held that a deported noncitizen has the right to file a motion to reopen from outside the U.S., striking down the post-departure bar found in 8 C.F.R. 1003.2(d). (Contreras-Bocanegra, 1/30/12). AILA Doc. No. 12013049.
1/30/2012 DHS Secretary Napolitano’s 2011 State of Homeland Security Speech Transcript (.pdf 132 KB) Speech transcript from Secretary Janet Napolitano’s second annual 2011 State of Homeland Security Speech on 1/30/12 at the National Press Club. AILA Doc. No. 12013072.
1/30/2012 Clients Refused Admission? AILA Wants to Know!!
AILA CBP Liaison Committee requests that members complete a survey and report experiences of clients being denied U.S. entry and not being provided with documentation that states the reason for the denial of admission. AILA Doc. No. 12013071.
1/30/2012 DOS Amended Terrorist Re-Designation for Aum Shinrikyo
DOS notice stating that Secretary of State Hillary Clinton maintains the designation of Aum Shinrikyo (AUM) as a ‘foreign terrorist organization’ pursuant to Section 219 of the Immigration and Nationality Act. (77 FR 4614, 01/30/12) AILA Doc. No. 12013070.
1/30/2012 DOS Organizational Directory Telephone List (Updated 1/30/12) (.pdf 773 KB) Unclassified Organization Telephone Directory of the Department of State current as of 1/17/12. AILA Doc. No. 11091467.
1/30/2012 USCIS Notice for Information Collection Request on USCIS Case Status Online
USCIS 60-Day notice of information collection on DHS’ evaluation about whether to revise the USCIS Case Status Online. Comments will be accepted until March 30, 2012. (77 FR 4574, 01/30/12) AILA Doc. No. 12013069.
1/30/2012 Notes from the USCIS I-601 Notice of Intent Teleconference (1/10/2012) (.pdf 176 KB) AILA liaison offers notes from the 1/10/12 USCIS teleconference on stateside processing for unlawful presence waivers. Special thanks to the AILA Family Committee and Stateside Waiver Taskforce. AILA Doc. No. 12013068.
1/30/2012 CA9 on 212(c) Retroactivity and Stipulated Facts Trials (.pdf 42 KB) The court found that the repeal of INA § 212(c) cannot be retroactively applied to noncitizens who, relying on the possibility of discretionary relief, agreed to a stipulated facts trial prior to the repeal of §212(c) relief. (Tyson v. Holder, 1/27/12) AILA Doc. No. 12013067.
1/30/2012 AILA Leadership Blog on Immigration 101 Basics
AILA Media Advocacy Committee member Mo Goldman blogs about the basics of immigration law in nursery rhymes.
1/30/2012 Having Consular Processing Issues? AILA Wants to Know!!
AILA's Department of State Liaison Committee requests agenda items for an upcoming meeting with the DOS. Please complete our survey by 2/10/12. AILA Doc. No. 12013065.
1/30/2012 AILA/VSC Liaison Practice Pointer: Liaison Assistance for VAWA, Us, & Ts (Updated 1/30/12)
The VSC Liaison Committee reminds practitioners that I-360 VAWA cases, I-751 waivers based on extreme cruelty, T applications or U applications are not eligible for individual case liaison assistance. AILA Doc. No. 08092973.
1/30/2012 CBP Announces that Russian Citizens Can Travel to Guam Visa-Free (.pdf 19 KB) CBP press release announcing a decision that allows U.S. Customs and Border Protection (CBP) to exercise discretionary parole authority on a case-by-case basis to permit Russian nationals to travel to Guam visa-free. AILA Doc. No. 12013064.
1/30/2012 Join DHS Secretary Napolitano’s Second Annual State of Homeland Security Speech
DHS invitation for Secretary Janet Napolitano’s second annual State of Homeland Security Speech at the National Press Club at 1pm EST on 1/30/12. AILA Doc. No. 12013063.
1/30/2012 DOS VO Inquiry Procedures (Updated 1/30/12)
The AILA DOS Liaison Committee gives an updated list of DOS Visa Office Inquiry Procedures, including instructions on contacting the Consular Post and an Inquiry Form to be used. AILA Doc. No. 08121971.
1/30/2012 Class Action Lawsuit Challenges Restrictions on Religious Workers (.pdf 132 KB) The class action complaint, filed in the Northern District of Illinois, challenges the USCIS policy of counting the time that R-1 religious workers spend outside the U.S. against the 5-year maximum that R-1 religious workers may remain in the U.S. AILA Doc. No. 12013060.
1/30/2012 AILA/CBP Liaison Flowchart: Resolving Problems with CBP (Updated 1/31/12) (.pdf 218 KB) Flowchart provided by AILA's CBP Liaison Committee on how to resolve problems with CBP when an applicant is refused entry, when a false hit or mistaken identity is made, or when a person is admitted in the wrong category. AILA Doc. No. 11022365.
1/30/2012 AILA/CBP Practice Pointer: CBP Redress Processes (Updated 1/31/12) (.pdf 423 KB) The AILA/CBP Liaison Committee offers a practice pointer on the CBP Complaint Resolution Program and a CBP comment card to be completed and returned by customers. The document includes various forms of contact to alert CBP of compliments, complaints, and/or misconduct. AILA Doc. No. 09090364.
1/27/2012 AAO Processing Times 1/1/12 (.pdf 572 KB) AAO Processing Times as of January 1, 2012. AILA Doc. No. 12012749.
1/27/2012 CRS Report on Numerical Limits of Employment-Based Immigration (.pdf 802 KB) A 12/6/11 Congressional Research Service (CRS) report on analyzing the numerical limits of employment-based immigration by country. AILA Doc. No. 12012780.
1/27/2012 Employer Best Practices During Worksite Enforcement Audits (.pdf 85 KB) Flyer with Employer Best Practices During Worksite Enforcement Audits from the DOJ’s Office of Special Counsel. AILA Doc. No. 12012779.
1/27/2012 CRS Report on Visa Waiver Program (.pdf 560 KB) A 12/2/11 Congressional Research Service (CRS) report on the visa waiver program including related policy issues and proposed legislation. AILA Doc. No. 12012778.
1/27/2012 CRS Report on Unauthorized Aliens’ Access to Federal Benefits (.pdf 566 KB) A 12/9/11 Congressional Research Service (CRS) report focusing on the policy and legislative debate surrounding unauthorized aliens’ access to federal benefits. AILA Doc. No. 12012777.
1/27/2012 EOIR Immigration Law Advisor Bulletin, November-December 2011 (.pdf 745 KB) EOIR Immigration Law Advisor Bulletin newsletter for November-December 2011 discussing issues related to federal court activities, BIA precedent decisions and other regulatory updates. AILA Doc. No. 12012776.
1/27/2012 DOJ Inspector General Audit on VAWA Grant to Oklahoma Attorney General Office (.pdf 1604 KB) Department of Justice Inspector General audit report which determines whether reimbursements claimed for costs under VAWA grants were allowable, supported, and in accordance with applicable laws, regulations, guidelines, and terms and conditions of the grants. AILA Doc. No. 12012775.
1/27/2012 National Benefits Center Processing Time Report (1/25/12) (.pdf 254 KB) NBC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. AILA Doc. No. 12012773.
1/27/2012 CA3 on Breach of Employment Contract Claim and H-1B Visa Sponsorship (.pdf 236 KB) In an unpublished opinion, the court found that the appellant’s employment was “at-will,” rejecting the argument that the employer’s sponsorship of an H-1B visa implied a contract for a definite term. (Edwards v. Geisinger Clinic, 1/23/12) AILA Doc. No. 12012774.
1/27/2012 Vermont Service Center Processing Time Report (1/25/12) (.pdf 362 KB) VSC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. AILA Doc. No. 12012772.
1/27/2012 Nebraska Service Center Processing Time Report (1/25/12) (.pdf 314 KB) NSC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. AILA Doc. No. 12012771.
1/27/2012 California Service Center Processing Time Report (1/25/12) (.pdf 323 KB) CSC Processing Time Report released 1/25/12 with processing dates as of 11/30/11. AILA Doc. No. 12012770.
1/27/2012 Texas Service Center Processing Time Report (1/26/12) (.pdf 310 KB) TSC Processing Time Report released 1/26/12 with processing dates as of 11/30/11. AILA Doc. No 12012769.
1/27/2012 CA9 on Credibility Findings under the REAL ID Act (.pdf 231 KB) The court found that the BIA complied with its remand mandate by considering the REAL ID Act’s impact on the immigration judge’s finding that the petitioner’s claims were not sufficiently corroborated for his request for CAT relief. (Oshodi v. Holder, 1/26/12) AILA Doc. No. 12012768.
1/27/2012 CFR Article: A Modern Visa System for the U.S.
Council on Foreign Relations article recommending a visa screening system that will benefit U.S. security and the economy by focusing scrutiny on high-risk travelers and speeding approval for low-risk travelers. Courtesy of Liam Schwartz. AILA Doc. No. 12012766.
1/27/2012 CA4 Finds BIA Applied Wrong Standard of Review (.pdf 230 KB) The court found that the BIA had reviewed the immigration judge’s factual findings, used to grant the petitioner’s request to defer removal, under a de novo standard of review instead of under the required clearly erroneous standard. (Turkson v. Holder, 1/26/12) AILA Doc. No. 12012764.
1/27/2012 CA1 Finds Witnesses to Serious Crime Not a “Socially Visible” Group (.pdf 260 KB) The court found that the petitioner’s social group of witnesses to a serious crime whom the government is unable or unwilling to protect is not sufficiently “socially visible” to establish a particular social group. (de Carvalho-Frois v. Holder, 1/26/12) AILA Doc. No. 12012763.
1/27/2012 HHS Poverty Guidelines Annual Update
Health and Human Services (HHS) notice that provides an update of the HHS poverty guidelines to account for the last calendar year’s increase in prices as measured by the Consumer Price Index. The notice is effective 1/26/12. (77 FR 4034, 01/26/12). AILA Doc. No. 12012762.
1/27/2012 TRAC Report on Federal Criminal Prosecutions Statistics
Transactional Records Access Clearinghouse (TRAC) report showing that the Department of Homeland Security's efforts to enforce immigration and customs laws accounted for 59 percent of all federal criminal prosecutions in October 2011. AILA Doc. No. 12012761.
1/27/2012 USCIS Asylum Division Training Program
USCIS Asylum Division Training Section of the USCIS website provides the training courses required for asylum officers both on a national level and at the field offices. AILA Doc. No. 12012760.
1/26/2012 AILA’s Immigration This Week: January 26, 2012
AILA’s Immigration This Week discusses updates from USCIS and DOL, AILA liaison activity, and the tip of the week, as well as AILA’s memorandum on L-1B “specialized knowledge,” LGBT guidance, VIBE updates, and more! AILA Doc. No. 12012620.
1/26/2012 USCIS Invitation for Teleconference on E-Verify Program (.pdf 94 KB) USCIS invitation for a 2/13/12 teleconference to discuss a potential Final Nonconfirmation Review (FNC) process for E-Verify program. Event originally scheduled for 2/2/12. RSVP by 2/9/12. AILA Doc. No. 12012336.
1/26/2012 DOJ Webinar Series on Employment Verification Issues
DOJ statement announcing list of upcoming February-April 2012 webinars from the Office of Special Counsel (OSC) for employers, HR professionals, workers and advocates. RSVP and registration information for each webinar is included as well. AILA Doc. No. 12012662.
1/26/2012 USCIS Releases Streamlined Process for VIBE Submissions (.pdf 286 KB) USCIS press release announcing a new streamlined online process for certain USCIS petitioners and other U.S. government customers seeking to submit information about their organizations into USCIS's Validation Instrument for Business Enterprises (VIBE) database. AILA Doc. No. 12012690.
1/26/2012 DOS Amended Terrorist Designation for Al-Qaeda in Iraq
DOS notice stating that Secretary of State Hillary Clinton maintains the designation of Al-Qaeda in Iraq (and Islamic State of Iraq) as a ‘foreign terrorist organization’ pursuant to Section 219 of the Immigration and Nationality Act. (77 FR 4082, 01/26/12) AILA Doc. No. 12012661.
1/25/2012 Tell Us Your ICE I-9 Audit/OCAHO Stories
The AILA Verification & Documentation Committee seeks information on recent I-9 audits and OCAHO litigation in order to identify trends and issues for possible use in upcoming liaison efforts with ICE. Please take a few minutes to share your experiences with us. AILA Doc. No. 12011775.
1/25/2012 CRS Report on In-State Tuition for Unauthorized Alien Students (.pdf 383 KB) A 12/22/11 Congressional Research Service (CRS) report providing a legal overview of cases involving immigrant access to higher education, as well as an analysis of the legality of state laws that make in-state tuition rates available to illegal aliens. AILA Doc. No. 12012573.
1/25/2012 Fundamentals of H-1B Law and Procedure Seminar Recording
This AILA Seminar recording is available for purchase. This seminar provided an overview of the substantive law regarding the "workhorse" H-1B work visa, as well as the administrative procedures for seeking this status for foreign professionals. AILA Doc. No. 11120764.
1/25/2012 Practice Pointer: Prosecutorial Discretion & LGBT Families (.pdf 267 KB) Liaison practice pointer offering information on prosecutorial discretion, a background on DOMA, and suggestions for how to protect an LGBT client. Special thanks to Victoria Neilson and the LGBT Working Group. AILA Doc. No. 12012568.
1/25/2012 EB-5 Conference
April 20-21, 2012
Atlantis
Paradise Island, Bahamas
1/25/2012 CA1 Rejects Gang-Related Withholding Claim (.pdf 247 KB) The court found that the petitioner, who argued he was a target of gang recruitment and a returnee to El Salvador who would be perceived as wealthy, did not establish membership in a particular social group. (Garcia-Callejas v. Holder, 1/24/12) AILA Doc. No. 12012564.
1/25/2012 BALCA Vacates Denial Notwithstanding Incomplete ETA 9089 (.pdf 130 KB) BALCA held that although the employer failed to include the alien’s relevant employment history on the ETA 9089, documentation confirming the employment was sent with the audit response and should have been considered by the CO. (Matter of O’Connor Hospital, 1/24/12) AILA Doc. No. 12012562.
1/25/2012 AILA Memorandum to USCIS Interprets L-1B “Specialized Knowledge” (.pdf 308 KB) A 1/24/12 memo from AILA to USCIS reviews the history of L-1B specialized knowledge and highlights the IMMACT 90 changes to multinational businesses and intracompany transferees, exposing the serious flaws in the AAO’s current approach. Special thanks to the L-1 Task Force. AILA Doc. No. 12012560.
1/24/2012 USCIS Issues Q&A Document on VIBE Business Validation Tool (.pdf 572 KB) USCIS Questions and Answers document from 1/24/12 discussing the web-based Validation Instrument for Business Enterprises (VIBE) online tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. AILA Doc. No. 12012447.
1/24/2012 USCIS Teleconference on Grandfathering of Non-Hague Adoption Cases (.pdf 496 KB) USCIS invitation for a 1/31/12 teleconference to discuss changes to the process of “grandfathering” certain adoption cases as orphan cases when the U.S. and another country become Hague partners, especially focusing on China and Guatemala. RSVP by 1/30/12. AILA Doc. No. 12012448.
1/24/2012 BIA on Authentication of Convictions in Immigration Proceedings (.pdf 482 KB) The Board found that an electronic disposition notice, submitted to prove that the respondent had been convicted of a CIMT, was not admissible because it was not authenticated using a recognized method of authentication. Matter of Velasquez, 25 I&N Dec. 680 (BIA 2012). AILA Doc. No. 12012449.
1/24/2012 USCIS Guidance on Adjudicating LGBT Refugee and Asylum Claims (.pdf 408 KB) USCIS training module providing guidelines for adjudicating and considering immigration benefits, petitions, protections, or other immigration-related requests by (LGBTI) individuals, as well as related interviewing considerations. AILA Doc. No. 12012478.
1/24/2012 Clients Experienced Delays in I-601s Abroad? AILA Wants to Know!
AILA's Overseas Operations Liaison Committee requests that members complete a survey and report experiences of lengthy adjudications, fast track case problems, and issues with expedite requests for I-601s abroad. AILA Doc. No. 12011772.
1/24/2012 Immigration Practice News, Winter 2012
AILA’s Ethics and Practice Management committee bring you the newest edition of Immigration Practice News, offering tips to firm owners on how to maintain staff morale and recognize employee contributions, pointers in supervising paralegals, and much more! AILA Doc. No. 12012462.
1/24/2012 ICE Press Release on National Forum Series on IMAGE Program (.pdf 46 KB) ICE Press release announcing a series of forums on ICE's Mutual Agreement between Government and Employers (IMAGE) program which helps employers detect the use of fraudulent identity documents, and subsequently, reduce unauthorized employment. AILA Doc. NO. 12012463.
1/24/2012 Presidential Executive Order on Visa and Foreign Visitor Processing Goals
Presidential Executive Order 13597 outlining improvements to visa and foreign visitor processing and travel promotion in order to create jobs and spur economic growth in the United States. (77 FR 3373, 01/24/12). AILA Doc. No. 12011961.
1/23/2012 DOS Press Release on US Passport Card Online Application (.pdf 480 KB) Department of State press release announcing a 90-day pilot program allowing adult U.S. citizens living in the United States and Canada to apply for a passport card online. AILA Doc. No. 12012339.
1/23/2012 AILA/VSC Liaison Practice Pointer: Getting USCIS to Recognize the G-28 (Updated 01/23/2012)
The VSC Liaison Committee provides a practice pointer on how to best interfile a G-28 in order for it to be recognized on the record. AILA Doc. No. 08090469.
1/23/2012 CA6 Upholds Asylum Denial Due to Adverse Credibility Determination (.pdf 483 KB) The court found there was substantial evidence that the petitioner lacked credibility in one key part of his asylum testimony, though it noted the BIA’s decision erred in a number of its other findings regarding credibility. (Abdurakhmanov v. Holder, 1/23/12). AILA Doc. No. 12012340.
1/23/2012 USCIS Announces New Office Opening in Queens, New York (.pdf 477 KB) USCIS press release announcing the opening of a new USCIS office in Queens, New York. AILA Doc. No. 12012344.
1/23/2012 AILA/CBP Liaison Practice Pointer: Mexican TN Admissions (.pdf 467 KB) AILA/CBP Liaison Committee offers a practice pointer on determining the appropriate period for admission on a TN for a Mexican citizen. AILA Doc. No. 12012347.
1/23/2012 DOS J-1 Waiver Review Liaison Assistance (Updated 1/23/12)
Process and guidelines for seeking liaison assistance with respect to 212(e) waivers at the DOS J-1 Waiver Branch. AILA Doc. No. 05081962.
1/23/2012 Chicago Chapter – USCIS Chicago Field Office Minutes (1/17/12) (.pdf 478 KB) Minutes from the AILA Chicago Chapter’s 1/17/12 meeting with the Chicago USCIS Field Office include naturalization name change, I-551 stamps, cashier’s hours, I-751 interviews, impact of travel to Cuba on naturalization, supervisor availability, and more. AILA Doc. No. 12012348.
1/23/2012 Visa Office Update on Priority Dates and Demand
Notes from a 1/19/12 meeting between Mike Nowlan & Roberta Freedman, AILA liaison committee members, and Charlie Oppenheim of the Visa Office. Topics discussed include the Visa Bulletin, visa demand in employment preference categories, and predictions for FY2012. AILA Doc. No. 12012349.
1/23/2012 SEVP Spotlight Newsletter, January 2012 (.pdf 1803 KB) January 2012 quarterly newsletter called ‘SEVP Spotlight’ announcing SEVIS updates and other SEVP outreach efforts. AILA Doc. No. 12012342.
1/23/2012 DOJ Releases ‘Know Your Rights’ Document About E-Verify Program (.pdf 903 KB) Department of Justice Office of Special Counsel releases ‘Know Your Rights’ document outlining the legal rights of employees under the E-Verify employment verification program. AILA Doc. No. 12012346.
1/23/2012 2012 AILA Texas Chapter Spring Conference
April 12-14, 2012
Hyatt Regency Tamaya Resort & Spa
Albuquerque, NM
This event is being presented by AILA’s Texas Chapter. This event is not being organized by the AILA National Office. AILA Doc. No. 12012335.
1/20/2012 BIA Finds California Stalking is Aggravated Felony (.pdf 238 KB) The Board found that a stalking offense for harassing conduct under California law is an aggravated felony, noting it was not bound by a conflicting Ninth Circuit decision because this case arose in the Fourth Circuit. Matter of Singh, 25 I&N Dec. 670 (BIA 2012). AILA Doc. No. 12012062.
1/20/2012 ICE Updates List of SEVP Approved Schools (Updated 01/20/12)
An updated list, as of 1/12/12, of ICE Student and Exchange Visitor Program approved schools. AILA Doc. No. 08100963.
1/20/2012 CA9 Remands Appeal from Illegal Reentry Conviction (.pdf 217 KB) The court found that the defendant, who challenged his conviction based on a collateral attack of the removal order, was not meaningfully informed of his eligibility for relief, and remanded the case for consideration of prejudice. (U.S. v. Melendez-Castro, 1/18/12) AILA Doc. No. 12012069.
1/20/2012 CA5 on Habeas Statute Custody Requirement (.pdf 210 KB) The court found that the petitioner, who had been deported to Mexico pursuant to a final order of removal, was not considered “in custody” for the purposes of 28 U.S.C. § 2241. (Merlan v. Holder, 12/6/11) AILA Doc. No. 12012067.
1/20/2012 CA9 on USCIS Jurisdiction over Petitions to Remove Conditions on Residence (.pdf 217 KB) The Court found that USCIS does not lose jurisdiction of a petition to remove conditions placed on residence if it does not adjudicate the petition within 90 days, as required by INA § 216(c)(3)(A). (Chettiar v. Holder, 1/17/12) AILA Doc. No. 12012066.
1/20/2012 DOL Releases PERM Statistics For FY2012 (.pdf 255 KB) 1/3/12 statistics from DOL’s Office of Foreign Labor Certification for first quarter of FY2012, including total number of applications received, total number of applications processed, PERM processing priority dates, and breakdown of active PERM cases at the DOL. AILA Doc. No. 12012065.
1/20/2012 ICE SEVP Sends Broadcast Message on Driver’s Licenses and Social Security Numbers (.pdf 669 KB) A 1/17/12 SEVP broadcast message highlighting the best practices for incoming F, M and J nonimmigrants to successfully obtain Social Security numbers and driver’s licenses. AILA Doc. No. 12012064.
1/20/2012 Ohio Chapter Notes on Liaison Meeting with Border Patrol (10/27/11) (.pdf 211 KB) Ohio Chapter notes from Border Patrol meeting on 10/27/11. Topics discussed include size of the workforce, office location, contact information, priorities of Border Patrol, and treatment of undocumented immigrants. AILA Doc. No. 12012051.
1/20/2012 An Introduction to Federal Court Litigation - Challenging Denied Applications and Petitions
February 17, 2012
1:30 pm to 2:20 pm
AILA National Office
1331 G Street, NW
Washington, DC 20005
1/20/2012 USCIS Notice of Extension of TPS for El Salvador (Updated 1/20/12)
USCIS notice that DHS has extended the designation of El Salvador for TPS for 18 months from its current expiration date of 3/9/12 through 9/9/13. (77 FR 2990, 1/20/12) (77 FR 1710, 1/11/12) AILA Doc. No. 12011165.
1/20/2012 USCIS Press Conference Transcript on Unlawful Presence Waiver Processing (.pdf 296 KB) Transcript of 1/6/12 USCIS press conference with Director Alejandro Mayorkas regarding a proposed regulatory change in the processing of Waivers of Inadmissibility to reduce the time that US citizens are separated from their spouses and children under certain circumstances. AILA Doc. No. 12012060.
1/20/2012 USCIS Postpones Engagement to Discuss 2011 Accomplishments and 2012 Priorities (Updated 1/20/12) (.pdf 318 KB) USCIS alert to stakeholders regarding the postponement of the 1/24/12 engagement with Alejandro Mayorkas to discuss USCIS’s accomplishments for 2011 and 2012 priorities. AILA Doc. No. 11122326.
1/20/2012 Finding Compassion in Immigration Law—The U and T Visas Seminar Recording
This AILA Seminar recording is available for purchase. The most tragic stories an immigration lawyer hears come from victims of terrible crimes. This seminar will guide the practitioner through the nuts and bolts of preparing and filing petitions to help these clients. AILA Doc. No. 11120765.

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