Plaintiffs-Appellants appeal the judgment of the District Court for the Southern District of New York (Marrero, J.), dismissing their complaint for failure to state a claim. Plaintiffs-Appellants argue that the Child Status Protection Act, and in particular 8 U.S.C. § 1153(h)(3), entitles Duo Cen, an alien who aged out of eligibility for an immigrant visa as a derivative beneficiary to his grandfather’s 1994 petition, to retain the 1994 priority date for his mother’s 2008 family-sponsored petition for Duo Cen. We disagree. Section 1153(h)(3) does not entitle an alien to retain the priority date of an aged-out family preference petition if the aged-out family preference petition cannot be “converted to [an] appropriate category. Affirmed.
Has The Supreme Court’s Decision in Turner v. Rogers Opened the Door to Right to Appointed Counsel for Immigrant Respondents in Immigration Court
Traditionally, alien respondents in immigration court have a right to have a licensed attorney represent them in removal/deportation proceedings. However, unlike criminal defendants, immigrant respondents do not have a right to appointed legal representation at government expense.
Cyrus Mehta believes that the recent Turner v. Rogers decision by the US Supreme Court may have opened the door for immigration advocates seeking to establish a right to appointed counsel in immigration removal proceedings.
Powerful business interests helped to scuttle proposed immigration restrictions in Texas on Wednesday, further evidence that Republicans in some states are facing resistance among their own supporters to an immigration clampdown.
The “sanctuary cities” bill would have barred cities from stopping police departments from asking about immigration status of people who are detained or arrested. It died when the Texas legislature adjourned without passing it.
On June 30, 2011, United States Citizenship and Immigration Services released statistics regarding the EB-5 visa program at the EB-5 Immigrant Investor Program Stakeholder Meeting.
According to Director Mayorkas:
- There are currently 147 approved Regional Centers in the United States.
- There are regional centers in 39 states and the District of Columbia and Guam.
- Approximately 90-95% of EB-5 petitions filed each year pertain to investments with Regional Center-affiliated commercial enterprises.
- In Fiscal Year 2010, 1369 I-526 petitions for EB-5 status were approved, which equated to an 89% approval rate..
- In the first two quarters of Fiscal Year 2011, 407 I-526 petitions were approved (81% approval rate).
- The current processing time for I-526 petitions is 5.5 months.
- In the first two quarters of Fiscal Year 2011, 2,129 EB-5 visas were issued.
- In Fiscal Year 2010, only 1,885 EB-5 visas were issued.
If you are considering the EB-5 visa process, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally discuss the process and help you determine if the EB-5 process is a viable option.
We recently found out that one of our Los Angeles clients had his I-751 approved despite getting divorced from his wife during the conditional residence period. They met in 2004 in the Midwest. They started dating shortly after that. In 2006, they moved in together. In 2008, he proposed to his wife and the couple got married.
His wife decided to join the military later that year. After that, the relationship began to unravel. She was away for basic training while he continued to work several states away. Ultimately, he found out that she was cheating on him. He was devastated, and they decided to get divorced.
While they were married, he obtained his conditional permanent resident card. As with any conditional resident card, the resident alien is required to file an I-751 petition to remove the conditions during the 90 days leading up to the 2 year anniversary of having the permanent resident card. In general, the married couple will file the I-751 jointly with USCIS. They will include evidence to show that the marriage is still in tact and the couple has been living together.
If the couple has divorced, the alien resident can petition without the former spouse by providing evidence that the marriage was entered into in good faith.
In this case, we provided a 10 page declaration by our client explaining the entire relationship: how they met, the dating period, the decision to get married, how things went wrong and the divorce. We provided evidence that they lived together including bills and tax returns. We provided love letters and countless emails showing the couple remained in contact during the wife’s military relocation. We included the evidence showing his wife cheated on him as well.
Although we were expecting to have an interview with a USCIS officer regarding the case, USCIS did not schedule an interview and instead approved the case.
The client is very happy with the outcome. He can continue working at his job and move forward with his life.
If you are considering the marriage-based green card process or need to file an I-751, The Nunez Firm can help you. Contact us to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your case.
We offer Skype consultations for potential clients out of state.
USCIS has proposed several changes in the processing of EB5 cases. The proposal articulated three “steps” that are intended to improve the
EB-5 case adjudication process:
1. Provide for accelerated and premium processing of I-526
petitions and I-924 applications involving projects that are ready
to get underway;
2. Create Specialized Intake Teams for the initial review of I-924
applications, with teams able to communicate directly with I-
924 applicants in writing to address questions; and
3. Create an expert Decision Board for rendering decisions on I-
924 applications, with the option of an in-person or telephonic
interview to inform the Board’s final decision where a notice of
intent to deny has been issued.
If you are considering the EB-5 investor visa process, contact The Nunez Firm to schedule a consultation to discuss whether this option is ideal for you. Managing attorney Jay Nunez will personally discuss your case with you and help you better understand the process.
The Uniting American Families Act, introduced by Democratic Representative Nadler of New York, would include a “permanent partner” within the scope of INA.
Defines a “permanent partner” as an individual 18 or older who: (1) is in a committed, intimate relationship with another individual 18 or older in which both individuals intend a lifelong commitment; (2) is financially interdependent with the other individual; (3) is not married to, or in a permanent partnership with, anyone other than the individual; (4) is unable to contract with the other individual a marriage cognizable under this Act; and (5) is not a first, second, or third degree blood relation of the other individual.
Defines: (1) “permanent partnership” as the relationship existing between two permanent partners, and (2) “alien permanent partner” as the individual in a permanent partnership who is being sponsored for a visa.
Arizona Congressman Flake introduced the Border Security Enforcement Act of 2011 a couple of months ago.
The House Bill Directs the Secretary of Defense (DOD) to deploy at least 6,000 National Guard personnel to perform operations in the Southwest Border region (Region) (the area in the United States that is within 150 miles of the U.S.-Mexico international border) to assist U.S. Customs and Border Protection in securing such border.
Directs the Secretary of Homeland Security (DHS) to increase, by September 30, 2016, the number of Border Patrol agents stationed in the Region by 5,000.
Directs the Attorney General, the Secretary, and the Director of the Administrative Office of the United States Courts to: (1) implement Operation Streamline in the Region; and (2) reimburse state, local, and tribal law enforcement for related detention costs.
Authorizes the chief judge of each federal judicial district in the Region to appoint additional full-time magistrate judges who shall have the authority to hear all cases and controversies in the district in which the respective judges are appointed.
Directs the Federal Emergency Management Agency (FEMA) to enhance border enforcement preparedness and operational readiness through Operation Stonegarden.
Directs the Secretary to: (1) construct, as needed, additional Border Patrol stations in the Region to provide operational support in rural, high-trafficked areas; (2) upgrade existing Border Patrol forward operating bases and establish new bases as needed; (3) complete the construction of a permanent checkpoint near Tubac, Arizona, and deploy additional temporary roving checkpoints in the Region.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to direct the Secretary to: (1) complete the required 700 mile southwest border fencing by December 31, 2011; and (2) construct double- and triple-layer fencing at appropriate locations in the Region.
Authorizes the Secretary of Agriculture (USDA) and the Secretary of the Interior to provide U.S. Customs and Border Protection personnel with access to federal lands under their respective jurisdictions (within 150 miles of the Region) for security activities.
Directs the Secretary to establish a two-year grant program to improve emergency communications for persons who live or work in the Region and who are at greater risk from border violence.
Provides for: (1) specified equipment and technology enhancements; and (2) reimbursement of state, county, tribal, and municipal costs associated with the prosecution and pre-trial detention of federally initiated criminal cases declined by local U.S. Attorneys’ offices.
Amends the Tariff Act of 1930 to include ultralight vehicles within the definition of “aircraft” for purposes of aviation smuggling provisions.
Provides for DOD-DHS cooperation in identifying DOD equipment and technology that could be used by U.S. Customs and Border Protection to improve security along the U.S.-Mexico border by: (1) detecting border tunnels and ultralight aircraft, and (2) enhancing wide aerial surveillance.
Find out the latest developments of the bill here.
Senate Bill 1141, introduced by Democratic Senator Akaka of Hawaii, would exempt children of certain Filipino World War II veterans from the numerical limitations on immigrant visas and for other purposes. The bill is entitled “The Filipino Veterans Family Reunification Act of 2011.”
The bill would amend INA 201(b)(1) by adding to the end:
(F) Aliens who–
(i) are eligible for a visa under paragraph (1) [unmarried sons or daughters of US citizens] or (3) [married sons and daughters of US citizens] of Section 203(a); and
(ii) have a parent (regardless of whether the parent is living or dead) who was naturalized pursuant to–
(I) section 405 of the Immigration Act of 1990 (Public Law 101-649; 8 USC 1440 note); or
(II) title III of the Act of October 14, 1940 (54 Stat. 1137, chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182, chapter 199).
With the new Musick Facility in Irvine and Other New Detention Facilities, Orange County’s Detained Immigrant Population Is Expected To Grow
Immigration officials will soon have 1,300 additional beds to house detained aliens in Southern California who are suspected of being in the country illegally, according to news reports.
Immigration and Customs Enforcement (“ICE”) officials announced an agreement to set up a detention center in Adelanto to create more bed space, The Associated Press reported. Adelanto is northeast of Orange County.
The latest move is part of an effort by immigration authorities to create more detention space in a region where there is a high demand for detention space.
Last year, immigration officials reached an agreement with Orange County to house about 830 immigration detainees at the Theo Lacy Facility in Orange and James A. Musick Facility near Irvine.
The agreement made Orange County a vital partner in providing detention space for ICE detainees, officials said. Santa Ana has contracted with ICE, providing 200 beds annually since 2006.
If you have a loved one being detained in Theo Lacy or the Musick Facility, contact The Nunez Firm to schedule a free consultation. Managing attorney Jay Nunez will personally meet with you to discuss your case and the options available to you.