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September 2012 Archives

Court ruling speeds up many immigrant visa wait-times, but possibly delays others.

On September 26, 2012, the Ninth Circuit issued a decision which will speed up petitions for people who were included in a visa petition filed for one of their parents, but who later "aged out" of that petition when they turned twenty-one. Under this case, if their parents file a petition for them after becoming a resident, USCIS will allow them to keep their original priority date, saving many years of waiting.

The "categorical approach", "modified categorical approach", and how the Ninth Circuit's Young v. Holder modifies the immigration consequences of criminal convictions.

On September 17, 2012, the Ninth Circuit issued Young v. Holder, an important case which impacts the immigration consequences of many criminal convictions. The decision covers several issues, including two especially important rulings, which anyone dealing with criminal and immigration issues should know. The first addresses how immigration authorities read charging documents. The second ruling addresses when charging documents are not clear-must the government prove a conviction has immigration consequences, or must a foreign national prove that the conviction does NOT immigration consequences?

USCIS Now Accepting Requests for Deferred Action for Childhood Arrivals (DACA)

On June 15, 2012, the Department of Homeland Security announced that certain people who came to the United States under the age of 16 and meet other necessary guidelines may be eligible to receive deferred action.

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