| 847-282-4723. Chicago Immigration lawyer. Confidential
ID Act of 2005"
- Immigration updates-New
- Supreme Court
Handbook, 7th Circuit
- 7th Circuit
updates: Opinion Summaries for U.S. 7th Circuit Court of Appeals, Aliens, Immigration
- BIA case law
- EOIR Chart: Court Decisions Relating to Board Precedents
- BIA Precedent Table (Revised 3-26-08) BIA cases published from March 30, 1995 to the present.
- Immigration Court Practice Manual: Beginning on July 1, 2008, the Practice Manual will go into effect nationwide, and local operating procedures for immigration courts will no longer be used. The requirements set forth in this manual are binding on the parties who appear before the Immigration Courts, unless the Immigration Judge directs otherwise in a particular case.
Judge Benchbook (October 2001 | 542 pages 7.8 MB
- Relief from Deportation
- Crimes and Immigration
Consequences of Criminal Activity (CRS Report-updated
Consequences of Convictions Summary Checklist
Defense Checklist in Criminal Cases
Felony practice aid
consequences of certain Illinois Offenses
Defense for Defense Counsel, by Lory Diana Rosenberg.
January 2003-August 2004.
Handbook (59 pages | 34 MB pdf)
I-589, I-485, EOIR-40, EOIR-42A, EOIR-42B with
Instructions for Individuals granted relief from removal by
the Immigration Court.
Deportation Phone Numbers & Officer Dockets (10/18/2006-subject
was signed into law (Pub.
Law No. 109-13) on
May 11, 2005, as Division B of the Emergency Supplemental Appropriations
Act for Defense, the Global War on Terror, and Tsunami Relief,
became effective on the date of enactment.
passports (MRP) - Starting October 26, 2004, visa waiver travelers
from ALL 27 Visa
Waiver Program countries must present either a
machine-readable passport or a U.S. visa. In the interest of facilitating
travel, the Department of Homeland Security's Customs and Border
Protection Bureau (CBP) has given officials at ports of entry the
discretionary authority to grant one-time exemptions on a case-by-case
basis to certain VWP travelers without a visa or MRP, who are nationals
of twenty-two (22) of twenty-seven (27) VWP countries. Nationals
of the following five (5) countries are already required to present
an MRP for admission under the VWP, and therefore this one-time
exemption procedure will not apply to VWP travelers from Andorra,
BelgiumSat, June 28, 20082003 the INS ceased to
exist. All of the agency’s
immigration functions were divided and transferred into three
bureaus within the Department of Homeland Security. The three
bureaus (Citizenship and Immigration Services (CIS), Immigration
and Customs Enforcement (ICE), and the Customs and Border Protection
(CBP) are now responsible for all the immigration services and
Citizenship and Immigration Services (CIS):
This bureau is responsible for immigration services and benefits
including: the adjudication of family- and employment-based petitions;
issuance of employment authorization documents; asylum and refugee
processing; naturalization; and implementation of special status
programs such as Temporary Protected Status. At least during
the transition phase, the bureau’s structure and functions
will remain fairly similar to the old INS. The former INS District
Offices (newly titled local CIS offices), Application Support
Centers (ASC), Service Centers and Asylum offices will remain
open and in the same locations for this transition period.
This bureau will continue to process pending applications previously
filed with the INS, and will maintain the validity of documentation
issued by the former INS, such as: green cards, certificates
of citizenship, employment authorization documents, travel and
advance parole documents, Form I-94 Arrival and Departure Records,
and others. The former INS customer service functions also will
remain functional under CIS. CIS will be comprised of 15,000
employees nationwide and will be headed by a Director who reports
directly to the Deputy Secretary of Homeland Security.
Immigration and Customs Enforcement (ICE): ICE
handles the investigative and interior enforcement functions
of the former INS, U.S. Customs Service, and the Federal Protective
Services. The bureau is responsible for the detention and removal
of criminal aliens, dismantling smuggling operations or trafficking
of aliens, building partnerships to solve local problems, minimizing
immigration benefit and document fraud, and conducting INS raids.
The bureau consists of approximately 14,000 employees, and is
headed by an Assistant Secretary, who reports directly to the
Undersecretary for Border and Transportation Security.
Customs and Border Protection (CBP): CBP is
responsible for the Border Patrol, immigration investigations,
and the inspections process at the borders. Prior to March 1,
the ports of entry were supervised by several distinct chains
of command and inspections personnel for the U.S. Customs, INS
and other federal agencies. As of March 1, CBP became the sole
governmental presence along the border and at the ports of entry.
The new bureau fused the old agencies’ chains of command
at each port of entry into one common chain and put all inspectors
under a single port director. The bureau also put the former
INS enforcement personnel at the border in a supervisory position
above former INS investigators. This is the first time that the
immigration investigations functions are subordinate to enforcement.
However, it still remains unclear how this change will affect
admissions to the U.S. The bureau consists of 30,000 employees
and the Commissioner reports directly to the Undersecretary for
Border and Transportation Security.
Procedural Reform to improve case management, Final Rule (8-26-02)
The new regulations go into effect on September
These regulations reduce the size of the Board to 11 members,
review by single Board members instead of panels of three; impose
tight briefing schedules (detained persons must submit their appeal
briefs within 21 days, simultaneously with the government’s
without the chance to see the government’s arguments),
circumscribe the discretion of BIA Members to review the facts
case before them. (Printable
CAIR Coalition and AILA file a Lawsuit Challenging New BIA Regulations
(10/29/02) (Printable pdf version)
FALLS CHURCH, Va, August 13, 2002
Proposed Rule Published to Implement Supreme
Court's St. Cyr Decision.
St. Cyr Rule Rule Implements Procedures for Certain Criminal Aliens
Seeking Section 212(c) Relief from Deportation or Removal.
The Executive Office for Immigration Review published
a proposed rule in
the Federal Register establishing procedures for eligible lawful
permanent residents (LPRs) with certain criminal convictions,
April 1, 1997, to apply for relief from deportation or removal
former section 212(c) of the Immigration and Nationality Act.
relief is available to eligible individuals who are currently
immigration proceedings, who may be placed in removal proceedings,
who have completed immigration proceedings and are under final
deportation or removal. It does not apply to those who have already
deported from the United States. This proposed rule implements
Supreme Court's decision in INS v. St. Cyr, 121 S.Ct. 2271 (2001).
sets forth procedures for certain lawful permanent residents to
for discretionary relief from deportation or removal under former
section 212(c) of the Immigration and Nationality Act (INA)
Until 1996, under section 212(c)
certain LPRs, who resided in the United
States for at least seven years and had committed a crime, could
relief to avoid deportation on criminal grounds. In considering
of relief under section 212(c), an Immigration Judge would weigh
negative factors, such as the severity of the crime, against positive
factors, such as the individual's rehabilitation and ties to the
Congress sharply curtailed section
212(c) relief through provisions of
the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA)
then eliminated this relief in the Illegal Immigration Reform
Immigrant Responsibility Act of 1996 (IIRIRA).
On June 25, 2001, the Supreme
Court decided in INS v. St. Cyr that LPRs
– whose criminal convictions were obtained through plea
to April 1, 1997 – would be eligible for section 212(c)
relief if they
would have been eligible for this relief at the time they were
by plea agreement. The decision provides the broadest form of
212(c) relief to those with criminal convictions prior to April
(the effective date of the AEDPA legislation). More limited section
212(c) relief is available to those with criminal convictions
after April 24, 1996, and March 31, 1997 (the period immediately
preceding the effective date of the IIRIRA legislation).
The St. Cyr decision affects
thousands of pending cases in federal and
Immigration Courts, as well as a potentially large number of individuals
who have not yet come before an Immigration Court. This proposed
establishes a fair and efficient process to restore section 212(c)
relief to those who are eligible. It is important to note that
individuals under final orders of deportation or removal who are
in the United States must apply for this relief within 180 days
the publication of the final rule.
The proposed rule is available
on the Internet at
- Revised Guidance for the Child Status Protection Act (CSPA) 30APRIL2008: how the agency interprets the statute to apply to aliens who aged out prior to the enactment date of the CSPA. It also permits those individuals who were ineligible under the prior policy to file a new application for permanent residence. Under certain circumstances, this guidance also permits those individuals who were previously denied for CSPA to file motions to reopen or reconsider without filing fee. It also explains what steps certain aliens who do not automatically benefit from the CSPA can take to protect their status as a child. This guidance contained in the AFM update below replaces the following two memoranda: The Child Status Protection Act, issued September 20, 2002; and The Child Status Protection Act – Memorandum Number 2, issued February 14, 2003.
- June 14,
2006 USCIS memo: Clarification of Aging Out Provisions
as They Affect Preference Relatives and Immediate Family Members
Under The Child Status Protection Act Section 6 And Form I-539
Adjudications for V Status (Opting out under the CSPA: The effect
of naturalization in family-based immigration. U.S. Citizenship
and Immigration Services issued a memo on June 14, 2006, clarifying
that the children of a lawful permanent resident will not automatically
lose V-2 or V-3 status when the parent naturalizes).
- INS Guidance on
Child Status Protection Act (09/20/02).
- Department of State Cable on
Child Status Protection Act (09/08/02).
- Revised Cable on Child Status
Protection Act, Department of State ALDAC #2 (01/03/03)(pdf)
- Department of State ALDAC #3 (05/03/03) (pdf) PROCEDURAL
- Department of State ALDAC #4(05/03/03) (pdf) WHAT
CONSTITUTES A "FINAL DETERMINATION" ON AN APPLICATION ADJUDICATED
PRIOR TO THE EFFECTIVE DATE.
- Section 6 of the Child
Status Protection Act, Joe Cuddihy /s/ Director, International
Affairs, HQOPRD 70/6, March 23, 2004. Section 6 of the CSPA allows
for unmarried sons or daughters of lawful permanent residents (LPRs)
to remain classified as second preference aliens, even if the LPR
parent naturalizes. The purpose of this memorandum is to provide
guidance on adjudicating requests tendered pursuant to section
6 of the CSPA.
- CHILD STATUS
PROTECTION ACT, PUBLIC LAW 107--208 [H.R. 1209] AUG. 06,
On August 6, 2002 President Bush signed the
Child Status Protection Act.
This new law addresses the problem of minor children losing their
eligibility for certain immigration benefits as a result of INS
processing delays. (when children of U.S. citizens turn 21 years
they "age-out" of their immediate relative status to
the status of
family-first preference: the Fl category.) Public
Law (P.L. 107-208), 08/06/02
The new act provides that the determination of
whether an unmarried
alien son or daughter of a US citizen is considered an "immediate
relative child" (under 21 years of age) will be based on
the age of the
alien at the time the Petition for Alien Relative (Form I-130)
on his or her behalf, rather than on the date the petition is
adjudicated, as is the case under current law.
The new law also provides similar determinations
in the case of
permanent resident parents who subsequently naturalize after having
filed petitions for their sons or daughters and citizen parents
petitions for married sons or daughters where such sons or daughters
later divorce. In the first situation, the age determination will
made at the time of the parents' naturalization. In the latter,
alien beneficiary's age will be determined as of the date of his
For the children of legal permanent residents,
or those who are
accompanying or following to join on a petition for an immigrant
their eligibility will be determined based on the date that a
becomes available to them, but only if they seek to acquire permanent
resident status within one year of such availability.
In addition, the new law provides age-out protection to alien
who accompany or follow to join parents who have filed for asylum
Finally, the new law provides that the family-sponsored
petition of an
unmarried alien son or daughter whose permanent resident parent
subsequently becomes a naturalized US citizen will be converted
petition for an unmarried son or daughter of a US citizen, unless
son or daughter elects otherwise.
Processing Service: guarantees
15 calendar day processing of
certain employment-based petitions or applications. If you request
Premium Processing Service within 15 calendar days of the date
receipt, the Bureau of Citizenship and Immigration Services
(BCIS) will issue an
approval notice, notice of intent to deny, request for evidence,
issue a notice if an investigation for fraud on the relating petition
application is deemed necessary. If it is unable to process your
petition or application within 15 calendar days, the fee paid
premium processing will be fully refunded.
Employers may use Form I-907 to request faster
processing of certain
employment-based petitions. You may use this form if
you are the petitioner, the applicant, or an attorney or representative
acting on behalf of the petitioner or applicant. This request
filed with the relating application or petition, or it may be
after, as long as the relating petition or application is still
Currently, those eligible to request this service
are the following
categories of nonimmigrants whose employers file on their behalf
INS Form I-129: E-1; E-2; H-2A; H-2B; H-3; L-1; O-1; O-2; P-1;
Q-1. As of July 30, 2001, the following nonimmigrant categories
also be eligible to request this Premium Processing Service: H-1B;
I-907 (download .pdf form)
Effective July 31, 2002, INS
has published an interim rule allowing the
concurrent filing of I-140 immigrant petitions and I-485 adjustment
status applications. Under the proposed rule, applications
employment authorization and advance parole will also be accepted.
Requiring Change of Status From B to F-1
or M-1 Nonimmigrant (April 12, 2002) pdf
This interim rule amends the Bureau of Citizenship and Immigration Services
(Service) regulations by eliminating the current provision allowing
B1 or B 2 nonimmigrant visitor for business or
pleasure to begin
attending school without first obtaining approval of a change
nonimmigrant status request from the Service.
The amendment will ensure that no B nonimmigrant
is allowed to enroll in
school until the alien has applied for, and the Service has
change of nonimmigrant status to that of F1 or M1
INS Issues V Regulation
(September 7, 2001, PDF)
INS Issues Interim K-3/K-4
Regulation (August 14, 2001, PDF)
of Status Under Revived Section 245(i)
Issues Interim Final
Regulation on Section 245(i), March 20, 2001
of Aliens Ordered Removed - Final Rule, December 21, 2000
H-1B law,(October 17, 2000): the "American
Competitiveness in the Twenty-First Century Act of 2000" increases
the existing visa quotas as follows: FY 2000 -increase from 115,000
to 195,000 FY 2001-increase from
107,500 to 195,000 FY 2002 -increase from 65,000 to 195,000.
text of H-1B Bill click
here: S.2045 (.pdf file)
Rule, 12-20-00, 20 CFR Parts 655 and 656/Temporary Employment
in the United States of Nonimmigtts under H-1B Visas (693
KB .pdf file, be patient on download)
Procedures - Final Rule, December 6, 2000
Prosecutorial Discretion, by the departing Commisioner of
the INS, November 17, 2000