For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to another Immigration Court. Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020), clarified.
Matter of Jose Antonio GARCIA, 28 I&N Dec. 693 (BIA 2023) Decided March 24, 2023 In Matter of Garcia, 28 I&N Dec. 693 (BIA 2023). In this precedential decision, the BIA held that the controlling circuit law in immigration court proceedings is the law governing the geographic location of the immigration court where venue lies. For … Read more
NEW USCIS POLICY FOR CALCULATING AGE UNDER THE CHILD STATUS PROTECTION ACT (CSPA) SEE UPDATE POSTED ON THE USCIS WEBSITE, FEBRUARY 14, 2023. USCIS issued updated guidance regarding when an immigrant visa number “becomes available” for the purpose of calculating a noncitizen’s age under the Child Status Protection Act (CSPA). Prior to this, USCIS considered a child’s age “frozen” if a visa … Read more
DETERMINING WHETHER CHILDREN BORN OUTSIDE THE U.S. ACQUIRED CITIZENSHIP AT BIRTH
ESTABLISHING EXTREME HARDSHIP There are several forms of relief and immigration benefits that require a noncitizen to establish extreme hardship or variations of extreme hardship (such as exceptional and extremely unusual hardship). Most commonly I-601A and I-601 visa waivers require a showing of extreme hardship and cancellation of removal for non-permanent residents requires a showing of … Read more
2023 HHS Poverty Guidelines. The amount of income the petitioner must show when they are petitioning for a family member to get a visa to the U.S.