4th Circuit Further Defines Family Asylum Group

A comprehensive decision, Sandra Hernandez-Cartagena v. William Barr (https://www.ca4.uscourts.gov/opinions/191823.P.pdf) by the 4th Circuit overturning and remanding a denial of asylum by an immigration judge, affirmed by the Board of Immigration Appeals (BIA), affirms the legitimacy of a family unit as an appropriate social group for asylum protection. The Fourth Circuit found that the BIA’s decision denying the asylum claim was …

CHANGE OF ADDRESS!!!

IBLF has now changed its physical address from 1915 Eye Street NW – Fifth floor to a location just down the street on Farragut Square, same zip code (20006) on the 4th floor of the legendary Barr Building — 910 17th Street, Suite 408. Please note that this building has nothing to do with the current attorney general (William Barr) …

New USCIS Fees (Oct 2, 2020)

Immigration benefit request Current fee $ Final fee $ Change ($) Percentage change I-90 Application to Replace Permanent Resident Card (online filing) 455 405 −50 −11 I-90 Application to Replace Permanent Resident Card (paper filing) 455 415 −40 −9 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document 445 485 40 9 I-129 Petition for a Nonimmigrant worker 460 N/A N/A N/A …

4th Circuit Upholds Block of Anti-Abortion Rule

In a 9 to 6 en banc published ruling on September 3, 2020, the 4th Circuit Court of Appeals upheld a lower court injunction preventing implementation of a agency rule designed to prevent abortion counseling or referral by medical personnel on the grounds that it improperly violated medical ethics, interfering with the physician patient relationship, and improperly imposed costs on …

4th Circuit Denies Asylum Claim On Family Relation

One of the most difficult areas of asylum law is to determine what social group you are in if you are claiming asylum, and if that is the reason that you are in danger of persecution. While membership in a family is now established as a possible social group, it is important to tie the danger of persecution to the …

US Supreme Court Preserves DACA

The Supreme Court ruled Thursday, June 18th, that the Trump administration cannot carry out its plan to shut down the Deferred Action for Childhood Arrivals (DACA) program, which has allowed nearly 800,000 young people, known as Dreamers, to avoid deportation and remain in the U.S. https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-trump-cannot-end-daca-big-win-dreamer-n1115116?fbclid=IwAR20dr4j1fgFCSuByRppJTDQF5TFFfrhNSVSbI7ArlarWXBbBjZwFW7EatI

7th Circuit Blocks Public Charge Burden

This decision releases the Supreme Court stay which permitted the Trump administration’s policy against immigrants to become effective. Not the end of the battle, but a victory. An excellent article discussing the merits of this issue was posted in the Washington Post on Friday: https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html

Unable to Depart US Due to Pandemic? Avoid Overstay!

Request “Satisfactory Departure” Were you admitted to the United States under the Visa Waiver Program (VWP)? —>  There is no provision of law that would allow you to extend your stay. However, if you are unable to depart before their current period of admission expires due to exigent circumstances, there is an option to request relief in the form of …

4th Circuit Finds Domestic Violence can be Legitimate Asylum Claim

The Fourth Circuit issued a published decision (which means it has precedential value which must be followed by judges within the 4th Circuit) which finds a claim of asylum based on the Salvadoran government’s inability to protect a woman from domestic violence is a proper basis for a grant of asylum. The Case, (Ruth Jeanette Orellana v. William Barr (http://www.ca4.uscourts.gov/opinions/181513.P.pdf) , was …

Virginia Law Criminalizing Gang Activity Not Categorically a CIMT

 On July 19, 2019 the US Fourth Circuit Court of Appeals issued its decision finding that the Virginia offense of participating in criminal street gang activity is not categorically a crime involving moral turpitude. The Virginia statute,  Va. Code § 18.2-46.2(A), which prohibits participation in a criminal street gang, is as follows: Any person who actively participates in or is a member …