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Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA)
Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) eliminated key defenses against deportation and subjected many more immigrants, including legal permanent residents, to detention and deportation. It made it much more difficult for refugees to apply for asylum.
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Immigration Judges that Deny and Grant the Most Asylum Cases
Immigration Judge Who Denies The Most Cases NYC The Judge with the highest percentage of asylum denials is a tie between IJ Menkin and IJ Burns both with 83% denial rates for asylum cases. This does not include the detained docket where denial rates are usually higher for multiple reasons. Immigration Judge Who Grants The…
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COVID-19 Vaccination Requirements (Updated: May 2023)
COVID-19 Vaccination Requirement The applicant must receive one dose of the COVID-19 vaccine if a dose is due at the time of the exam according to current CDC guidance. Now, like other vaccine requirements, additional doses are no longer required, and applicants do not have to postpone completion of the exam to complete the primary series…
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Convention Against Torture (CAT)
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, commonly known as the Convention Against Torture (CAT), is an international human rights treaty adopted by the United Nations General Assembly in 1984.
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Change to Regulations Regarding SIJS Applicants Getting Married
Previously if a SIJS applicant who had an approved I-360 had to remain unmarried until their priority date became current and they completed the adjustment of status process to obtain legal permanent resident status or their I-360 would be automatically revoked per 8 CFR §205.1(a)(3)(iv). A change to the regulations—at 8 CFR § 204.11(b)(2)—now requires…
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BIA Addresses Choice of Law
Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA 2023) Decided March 24, 2023 In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). In this precedential decision, the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. For…
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Calculating CSPA Age (NEW POLICY)
NEW USCIS POLICY FOR CALCULATING AGE UNDER THE CHILD STATUS PROTECTION ACT (CSPA) SEE UPDATE POSTED ON THE USCIS WEBSITE, FEBRUARY 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA). Prior to this, USCIS considered a child’s age “frozen” if a visa…
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Establishing Extreme Hardship
ESTABLISHING EXTREME HARDSHIP There are several forms of relief and immigration benefits that require a noncitizen to establish extreme hardship or variations of extreme hardship (such as exceptional and extremely unusual hardship). Most commonly I-601A and I-601 visa waivers require a showing of extreme hardship and cancellation of removal for non-permanent residents requires a showing of…
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25 New Immigration Judges
U.S. Attorney General Merrick Garland announced the investiture of 25 new Immigration Judges. You will find the official announcement here. After a thorough application process, Attorney General Merrick B. Garland appointed Roberto K. Amaya, Matthew S. Bohrer , Illya-Karina J. Bonet, Monique Carreras-Amadeo, Claudia R. Cubas, Kyle A. Dandelet, Ayodele A. Gansallo, Annette Gaul, Iman Ghasri,…
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Document Checklist For I-485/I-130 USCIS Interview
Checklist of Documents to Bring to Your USCIS Interview (I-130 or I-1485) For Marriage-Based Cases For married couples who are preparing to attend their USCIS interview after submitting their Form I-130 Visa Petition and/or Form I-485 Adjustment of Status interview, you can use this checklist to gather supporting documents to bring to your USCIS interview.
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