Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021)

The BIA issued an opinion in  Matter of N-V-G-, 28 I&N Dec. 380 (BIA 2021).

A person who enters the United States as a refugee and later adjusts in the United States to lawful permanent resident status is not precluded from establishing eligibility for a waiver of inadmissibility under section 212(h) of the Immigration and Nationality Act, 8 ‍U.S.C. § ‍1182(h) (2018), based on a conviction for an aggravated felony, because he or she has not “previously been admitted to the United States as an alien lawfully admitted for permanent residence” under that provision.

For more information on this case, please read the opinion here:

To find out if you qualify for a waiver, please contact the Presti law Firm.

USCIS Announces New Vaccine Requirements

Effective Oct. 1, 2021, applicants subject to the immigration medical examination must be fully vaccinated against COVID-19 before the civil surgeon can complete an immigration medical examination and sign Form I-693.

USCIS updated its policy guidance in accordance with the CDC’s guidance and requirements. That update requires applicants subject to the immigration medical examination to complete the COVID-19 vaccine series (one or two doses, depending on the vaccine) and provide documentation of vaccination to the civil surgeon before completion of the immigration medical examination.

In general, individuals applying to become a lawful permanent resident, and other applicants as deemed necessary, must undergo an immigration medical examination to show they are free from any conditions that would render them inadmissible under the health-related grounds. USCIS designates eligible physicians as civil surgeons to perform this immigration medical examination for applicants within the United States and to document the results of the immigration medical examination on the Form I-693.

USCIS may grant blanket waivers if the COVID-19 vaccine is:

  • Not age-appropriate;
  • Contraindicated due to a medical condition;
  • Not routinely available where the civil surgeon practices; or
  • Limited in supply and would cause significant delay for the applicant to receive the vaccination.

Restaurant Executives Charged in RICO Indictment

Executives from a Missouri-based Mexican food distribution company and related restaurants in neighboring states have been charged in a RICO case. The federal government is alleging that the group hired undocumented workers, failed to pay taxes, failed to pay overtime wages and worker’s compensation for the employees in addition to creating false documents, visas, and money laundering.

Remain in Mexico Policy Stays in Effect

U.S. Supreme Court Justice Samuel Alito on Friday August 20th, 2021 temporarily halted a Texas federal judge’s order to reinstate the Remain in Mexico program. The temporary pause was set to expire on Tuesday at midnight unless the High Court takes further action on the case. The temporary pause gave the high court two working days to evaluate the case. On August 24, 2021, the Supreme Court denied the Biden administration’s petition to postpone a district court’s order to restart the so-called Remain in Mexico program. The Supreme Court stated that the government failed to show that the rescission was not arbitrary and capricious.

Judge Orders DACA Restoration

On Friday, December 4th Judge Nicholas G. Garaufis of the U.S. District Court in Brooklyn directed the Trump administration to allow eligible immigrants to file new applications for protection under the Deferred Action for Childhood Arrivals (DACA) program. Judge Garaufis’ order reverses acting secretary of Homeland Security, Chad Wolf’s memorandum issued this summer.  Wolf’s restrictions limited the program to only one-year renewals of previously approved applicants. Garaufis directed that the DACA program be fully reinstated and ordered the Department of Homeland Security to post a public notice by Monday, December 7th. Continue reading

President-elect Biden’s Immigration Policy

On November 7th, four tumultuous days after Election Day, former Vice President Joe Biden was named the president-elect. A new president brings forward a new administration and an opportunity for changes in the law. While the current pandemic and the collateral economic crisis have been the main focus of conversation, immigration remains a dicey matter. Continue reading

USCIS Fee Hike

U.S. Citizenship and Immigration Services (USCIS) recently announced it would increase processing fees effective October 2nd, 2020. All applications, petitions, or requests postmarked on or after October 19, 2020 must be accompanied with the newly increased fees. If USCIS receives a form postmarked on or after October 19 with the incorrect filling fee, they will reject the form and return the filing fee attached. Along with the increase in fees, upcoming changes include the removal of fee waivers and the addition of a filing fee for asylum application. While immigration fees are ubiquitous, the introduction of an asylum application fee to the United States makes it only 1 of 4 countries in the world to charge for asylum. Continue reading

Cyclist Deaths Are on The Rise

Here at the Presti Law Firm, we’re deeply concerned with preliminary reports being issued by the U.S. Department of Transportation that estimate cyclist deaths are up 10% from last year. We’re especially concerned because we enjoy a good cycle around White Rock Lake, and we’re very well aware of how easy it is to hurt a cyclist. Continue reading