New Supreme Court Case - good news - Vartelas v Holder

In Vartelas v. Holder, 3/28/12, the U.S. Supreme Court held that an LPR with a pre-IIRIRA convictions not subject to the applicant for admission provisions of INA § 101(a)(13)(A).  The Court that that section does not have retroactive effect.  This effectively resurrects Fleuti v Rosenberg for some LPRs.  In other words, an LPR with a pre-IIRIRA conviction will not be considered to be an applicant for admission after a trip abroad.

New First Circuit case on REAL ID

In Guta-Tolossa v Holder, No. 10-2132P (1st Cir. March 16, 2012), The First Circuit addressed the credibility provisions of the REAL ID Act of 2005.  REAL ID has made it more difficult for applicants, particularly asylum seekers, to present their claims, especially if no corroborating evidence is available.  The First Circuit leaves open (for the Board to decide) whether an applicant should be given notice and an opportunity to produce additional evidence if deemed to be otherwise credible.  

This seems only fair:  asylum seekers are often in the worst position to obtain corroborating evidence.  They have fled their countries of origin and may place friends or family members in danger if they try to communicate with them.  If their testimony is credible, that should be enough.  If their testimony is otherwise credible and the Judge determines that it is reasonable to obtain corroborating evidence, the applicant should be allowed to do so.

Reminder: Re- Registration for Salvadoran TPS expires on March 12, 2012

On January 10, 2012, the Department of Homeland Security extended Temporary Protected Status (TPS) for 18 months for eligible nationals of El Salvador.  The 60 day re-registration period ends on Monday, March 12, 2012.  More information can be found at the following links to the USCIS website:  USCIS - TPS and USCIS - TPS-El Salvador

Supreme Court finds tax evasion is an aggravated felony

Justice Thomas wrote the majority opinion in a 6-3 decision finding that tax evasion inherently contains fraud or deceit and is an aggravated felony where the loss to the Government exceeds $10,000.

"This case concerns whether aliens who commit certain federal tax crimes are subject to deportation as aliens who have been convicted of an aggravated felony. We hold that violations of 26 U. S. C. §§7206(1) and (2) are crimes “involv[ing] fraud or deceit” under 8 U. S. C. §1101(a)(43)(M)(i) and are therefore aggravated felonies as that term is defined in the Immigration and Nationality Act, 8 U. S. C. §1101 et seq., when the loss to the Government exceeds $10,000." - Kawashima v. Holder, Feb. 21, 2012. 

The primaries and immigration

The ramped-up anti immigration rhetoric from the South Carolina primary has quieted a bit as the Republicans have moved into Florida where the topic is, shall we say, more sensitive.  What is disappointing is the lack of understanding and nuance in the candidates positions.  Mitt Romney's use of the term "self-deportation" brought chuckles from some  commentators, but the American Immigration Council points out that the term has a specific meaning.  It is deportation by attrition through enforcement, particularly following the enactment of state laws which make life for non-citizens unbearable.  The link to the AIC article is here.

Of course the point that the candidates overlook is the extensive family ties here that many noncitizens have, and the devastating effect of the 3 and 10 year bars incorporated into IIRIRA which has only served to drive individuals underground who would otherwise have been able to legally immigrate.

Article on South Carolinia Business and Immigration Forum

There was a fascinating article on an immigration and business forum in South Carolina.  The speaker noted that no one has a problem with professional sports relying on foreign-born players (80% in the NHL), and that business should be encouraging immigration reform and fighting against restrictive state laws.  The comments following the article show the gap in how people view immigration -- both legal and illegal.    link

USCIS announces new policy on stateside adjudications of I-601s for unlawful presence

In welcome news USCIS has outlined a process that would allow certain individuals who are seeking permanent residence and are immediate relatives of U.S. citizens to apply for and be granted provisional waivers of inadmissibility before leaving the U.S. for consular processing of their immigrant visa applications. This would apply to individuals whose only ground of inadmissibility is unlawful presence.

This is great news for families who must face the difficult dilemma of facing long delays abroad when they decide to consular process.