Thanks to recent court action, those who are eligible under the original DACA rules can now file new applications, despite the President’s executive order attempting to terminate the program. To do so, forms I-821, I-765, I-765WS must be filed with a $495 filing fee to the appropriate address. Substantial documentary evidence of eligibility must also be provided or the application …
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 …
H-1B Statutes Are Carefully Crafted to Be Misleading to the Casual Reader
The H-1B statutes are lobbyist-written and carefully crafted to be misleading to the casual reader. The “prevailing wage” is one area where there has been great confusion; in particular H-1B wage levels. The H-1B wage or skill levels are entirely a bureaucratic creation that have no relation to the job market. The article published in the journal The Immigration Post, …
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 …
Immig Judges’ Authority to Administratively Close Restored
The US Fourth Circuit Court of Appeals has restored Administrative Closure as an inherent power of Immigration Court judges, effectively overruling the current administration’s attempt to preclude this standard procedure. This tool permits adjudication of pending applications by temporarilly suspending immigration court proceedings. This is a very good decision for persons in immigration court proceedings because when there is potential …
EB-5 Q&A: What qualifies as an EB-5 troubled business?
Answer: A troubled business is defined as a business that has been in existence for at least two years, has incurred a net loss for accounting purposes during the twelve-or twenty-four month period prior to the priority date on the foreign investor’s I-526, and the loss for such period is at least equal to twenty percent of the troubled business’s …
Head of Household
Tax – Head of Household (Considered Unmarried) Many married people file their taxes as Head of Household in order to save money, not realizing that there are very strict requirments for such a status. In order for you to qualify as “considered unmarried” you must meet the following criteria taken directly from the IRS website: Considered Unmarried To qualify for …
Family Can Be Social Group
Family Based Asylum Claim Explained – 4th Circuit The 4th Circuit held: “The BIA and the IJ improperly focused on whether Gomez’s father and brother were threatened due to a protected reason in order to impute such protection to the whole family. This was in error. The correct analysis focuses on Gomez herself as the applicant, and asks whether Gomez …