Tag Archives: EOIR

H1B Visa, H1-b Visa, H1b Approval, H1-B Approval, Immigration Service, Immigration News

Requirements for Form I-601A, Provisional Unlawful Presence Waiver

Prior to March 2013, an undocumented immigrant seeking to obtain a Green Card through marriage had to first leave the United States and seek an immigrant visa at the U.S. Embassy or Consulate in his or her home country, which could result in obtaining a 3 or 10 year bar from admission into the United […]

Update on Immigration Court’s System Outage

People familiar with the Executive Office for Immigration Review (EOIR) and immigration court may have experienced a delay in deportation, removal or other delay due to a hardware failure in the beginning of April. The EOIR’s system was down for just over 1 month, unable to locate records, and delaying deportation and other proceedings. The […]

Board of Immigration Appeals Finds Asylee Cannot Readjustment Status to LPR

Matter of C-J-H, Respondent Decided March 27, 2014 An alien whose status has been adjusted from Asylee to lawful permanent resident cannot subsequently readjust status under INA Section 209(b), 8 USC Section 1159(b)(2012). Factual Background of Decision In a decision dated May 8, 2013, an Immigration Judge (IJ) found the respondent removable on his own […]

USCIS Revises Form I-290B, Notice of Appeal or Motion

We are happy to announce that as part of United States Citizenship and Immigration Services (USCIS) form improvements initiative, the revised Form I-290B, for motions and appeals, is now available for use. The form is now clearer, more user friendly and more concise. You may start using the revised Form I-290B today. All previous versions […]

AILA/AIC File Amicus Brief on 212(h) Waiver Eligibility

AILA and the American Immigration Council Filed an Amicus Brief arguing that an individual who adjusts to LPR status after entering the U.S. is eligible for a 212(h) waiver because the individual is not “an alien who has previously been admitted to the United States as an alien lawfully admitted for permanent residence”. Background In […]

Filing Documents with Immigration Court During the Government Shutdown

At JCS Immigration and Visa Law Office, our team of Los Angeles Immigration Attorneys have helped hundreds of clients with cases at immigration court in Los Angeles as well as around Southern California and the entire United States. During the recent Government Shutdown, however, non-detained cases have been suspended nationwide. The Executive Office for Immigration […]

EOIR Operations During Lapse in Government Funding

Immigration courts nationwide are continuing to adjudicate detained cases. Court functions that support the detained caseload will continue, but other functions are suspended. For specific information about a particular court, please visit http://www.justice.gov/eoir/ICstatus.htm. The Board of Immigration Appeals (BIA) is processing emergency stay requests as well as cases where the alien is detained, including case appeals, […]

Form I-130 With Erroneous Decision from USCIS Los Angeles

On the I-130 Fact Sheet, USCIS indicated that an old priority date can be used only if USCIS agrees to reopen the petition (in most cases, based on CIS error). If a member becomes aware that an old I-130 was denied erroneously based on USCIS error, where should they go to request that the petition […]

Temporary Protected Status, TPS, Haitians, Nonimmigrant, F-1, F-1 Visa, US Visa, Immigration Services

Frequently Asked Questions about the Asylum Clock Class Action Settlement

The American Immigration Council’s Legal Action Center (LAC), along with its co-counsel, recently announced a settlement of A.B.T., et al. v. USCIS, et al., a nationwide class action challenging the manner in which the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review (EOIR) determine an asylum applicant’s eligibility for an […]

Fee’ing Motions for the Immigration Court: Room 1001

Memo from Mary Mucha, Directing Attorney Los Angeles County Bar Association Today I spoke to Dianne Armenteros (USCIS supervisor room 1001) regarding this problem about fee’ing Immigration Court Motions for the Los Angeles Immigration Court. Here is what she said. USCIS needs to “count” all cases that are processed in room 1001. They need to […]