USCIS just announced that it now publishes processing times for I-130, I-131, and I-730 petitions processing at certain overseas offices. This is a great start to helping immigrants understand and manage expectations about what to expect when applying for immigration benefits at US embassies, consulates, and regional international offices. Immigrants, their families, and their attorneys will hope that USCIS publishes Read More
Post-DOMA Immigration Law
Since the 2013 fall of DOMA (Defense of Marriage Act), the US federal government recognizes same sex marriages for the purpose of federal laws and benefits, including immigration law. I have years of experience consulting same sex couples. Here are some quick highlights of certain issues that you should be aware of. Post-DOMA Immigration Law Read More
Volunteering at Irish International Immigrant Center
For the last eight years, I have been a volunteer attorney at the Irish International Immigrant Center ("IIIC"). The IIIC holds free legal clinics a few times a month at various locations in Boston, providing free legal consultations and referrals to immigrants and their families. I attend the clinic at the downtown IIIC location about once per month. I advise clients on a variety of immigration matters, refer Read More
US Supreme Court Limits Definition of “Controlled Substances” for Immigration Purposes
This week the US Supreme Court in Mellouli v. Lynch decided that an immigrant can only be found removable for convictions related to "controlled substances" where the substance is actually listed on the federal controlled substances list. In this case, Mellouli was convicted of a controlled substances violation in Kansas. In Kansas, the controlled substances list includes items not on the federal controlled Read More
TPS Somalia
USCIS released the following announcement: "Temporary Protected Status Extended for Somalia Release Date: June 01, 2015 WASHINGTON—Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of Somalia (and eligible individuals without nationality who last habitually resided in Somalia) for an additional 18 months, effective Sept. 18, 2015, through March 17, Read More
Congratulations to client and his family on 237(a)(1)(H) win in Boston Immigration Court!
Attorney Ellen Sullivan successfully represented a client on an application for 237(a)(1)(H) before Judge Gagnon at the Boston Immigration Court. The client was charged as removable (deportable) for fraud related to his immigration benefits. In addition, the client had two criminal dockets, neither of which resulted in criminal findings against him. By painting a full picture of the client's life with his wife and Read More
USCIS incorrectly sends approved I-130s to National Records Center
When your I-130 is approved, it should be sent to the National Visa Center if you will be consular processing your immigrant visa. Recently, applicants have reported that approved I-130 cases have been sent to the National Records Center instead of the National Visa Center. Clearly, this poses a problem for any consular processing application. For folks applying for I-601A provisional waivers of inadmissibility, this Read More
TPS Registration Deadline for Liberia, Guinea, and Sierra Leone is May 20, 2015
The deadline for registration for TPS for Liberia, Guinea, and Sierra Leone is quickly approaching. USCIS must receive applications by May 20, 2015. I advise clients to file before the last day, but in all cases, by May 20, 2015. Clients should keep a full copy of the entire application package and send it via certified USPS or secure carrier such as Federal Express or DHS. Note that TPS applicants must submit Forms Read More
Don’t say you are US citizen and don’t vote unless you are!
There are extremely harsh and unforgiving penalties against immigrants who claim (in almost any way) to be a US citizen or who vote in (almost any) local, state or federal election in the US. The Board of Immigration Appeals recently upheld a removal (deportation) order against an immigrant (not a US ciitzen) who did not realize that it was an unlawful voting. For more information see Matter of Fitzpatrick, 26 Read More
Board of Immigration Appeals Reverses Discretionary Denial of Adjustment
The Board of Immigration Appeals (BIA) sustained the respondent's appeal and found the immigration judge erred in denying his application for adjustment of status as a matter of the discretion. Unpublished BIA decision reverses discretionary denial of adjustment application upon finding respondent’s positive equities outweighed his conviction for driving while intoxicated and more than $1,200 in student debt. For Read More
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