Skip to main content

Posts

Showing posts from January, 2023

Immigration Judge Who Denies The Most Cases in New York

Immigration Judge Who Denies The Most Cases NYC The Judge with the highest percentage of asylum denials is a tie between IJ Menkin  and IJ Burns both with 83% denial rates for asylum cases. This does not include the detained docket where denial rates are usually higher for multiple reasons.  Immigration Judge Who Grants The Most Cases   NYC IJ Chew 7.1% denial rates and IJ McManus with a 7.4% denial rate on asylum cases. Surprising to me, is that IJ Bukszpan (now retired) has the third lowest asylum denials rate in New York with 10%. I only had decide one case in its merits prior to her retirement so I have no reason to be surprised.   These numbers are from TRAC ,  Syracuse University, which tracks Government agencies and provides a ridiculous amount of data to the public along with reports summarizing their findings. I cite to their cite often because they have so much information available, on several government agencies not just immigration. You should check it out.  I Since they c

USCIS Announces New Green Card & EAD Card Designs Starting January 30, 2023

  U.S. Citizenship and Immigration Services (USCIS) sent out an email blast today letting everyone know that starting today they will be issuing newly designed Green Cards and Employment Authorization Cards with "state-of-the-art technology to safeguard national security and improve service for...customers." USCIS issued a press release January 30, 2023, regarding the newly designed cards. The new designs for these cards are meant to increase security and reduce fraud, presumably making them more difficult to counterfeit. Images of the new designs were posted by USCIS on their Instagram and Twitter pages. The new design for these cards include several new security features. These features are described to be state-of-the-art technologies to prevent fraud and counterfeiting. The new design features include: Improved detailed artwork; New tactile printing that is better integrated with the artwork; Enhanced optically variable ink; Highly secure holographic images on the fr

How to Write A Cover Letter to USCIS

  Is A Cover Letter Required With My Submission to USCIS? USCIS does not require you to submit a cover letter for any immigration benefit or visa application. They are commonly used though for any formal submission and filings with USCIS are no exception. Law firms will always provide a cover letter with a filing as it has many benefits and is also just standard practice. What Is a USCIS Cover Letter ? A cover letter is just a printed letter that helps USCIS officers navigate your application materials. You can place a cover letter at the top of your application, petition, or any other package of documents being submitted. You let the person opening the package know who it is intended for, what is inside, and who sent it making it less likely that it goes to the wrong place or there are other clerical errors. Further, by outlining your reasons for applying and the contents of your application in a cover letter, you give your USCIS officer a useful overview of your case. You can also us

Certain Asylum Applicants Seeking Employment Authorization Can Now File Form I-765 Online

  U.S. Citizenship and Immigration Services (USCIS) today announced that certain asylum applicants can now file  Form I-765, Application for Employment Authorization , online. This is an important step in USCIS’ efforts to employ technical solutions to streamline and improve processing efficiency and reduce wait times. Effective immediately, applicants for employment authorization under category (c)(8), Pending Asylum and Withholding of Removal Applicants and Applicants for Pending Asylum under the ABC Settlement Agreement, may file Form I-765 online .

CHEN, 28 I&N Dec. 676 (BIA 2023) | [stop-time rule] [physical presence] [

  Matter of CHEN , 28 I&N Dec. 676 (BIA 2023) ID 4057  (PDF) (1) The “stop-time” rule under section 240A(d)(1) of the Immigration and Nationality Act, 8 U.S.C. 1229b(d)(1), is not triggered by the entry of a final removal order, but rather only by service of a statutorily compliant notice to appear or the commission of specified criminal offenses, in accordance with the plain language statutory analysis provided in  Niz-Chavez v. Garland , 141 S. Ct. 1474 (2021) ( pdf ). (2) Breaks in physical presence under section 240A(d)(2) of the Immigration and Nationality Act, 8 U.S.C. 1229b(d)(2), continue to be interpreted as distinct from termination of physical presence under the stop-time rule.   Matter of Mendoza-Sandino , 22 I&N Dec. 1236 (BIA 2000)( pdf ),  followed . (3) A respondent claiming a fundamental change in law as the basis for seeking sua sponte reopening must also establish prima facie eligibility for the relief sought.   Matter of G‑D- , 22 I&N Dec. 1132 (BIA 1999

Visa Petitions for Siblings

 Petitioning for a sibling to get their permanent residency in the U.S. Visas for siblings of U.S. citizens are not available through the Immediate Relative (IR) category. Instead, siblings are considered Family Preference relatives and may be eligible for a family preference visa. The Family Preference category is divided into four subcategories, and siblings fall under the fourth preference (F4) category. The F4 category has a numerical limit, which means that the wait time for a visa to become available can be several years. The F4 category is also subject to country-based quotas, which can further delay the availability of visas depending on the demand from a particular country. To sponsor a sibling for a family preference visa, the U.S. citizen sponsor must file a Petition for Alien Relative (Form I-130). Once the petition is approved, the sibling will be placed in a waiting list and notified when a visa becomes available. It's important to note that the wait time for a siblin