While the debate for comprehensive immigration reform heats up, USCIS has made small changes that have actually made things better for aspiring immigrants, instead of worse. First, there was DACA, which seems to be a success. Prosecutorial Discretion has been extremely helpful as well. As of March 30, 2013, USCIS has implemented a new streamlined […]
Archive for the ‘Family Based’ Category
New Streamlined Procedures for Applying for Unlawful Presence Waivers
April 1st, 2013 
Max Nuyen 
Posted in Family Based 
Tags: 601 waiver, unlawful presence 
Comments Off on New Streamlined Procedures for Applying for Unlawful Presence WaiversA Young Man’s Story About Being an Illegal Alien (With a Happy Ending)
June 24th, 2011 Max Nuyen One of the things I like about being an immigration lawyer is that I get a chance to make a difference in other people’s lives. It sounds corny, but there is great satisfaction in knowing that you helped another human being achieve their dreams. I am always happy to hear from old clients, if only […]
Special Rules Cancellation of Removal for Battered Spouses Available to Permanent Residents
March 16th, 2010 Max Nuyen Matter of A–M– (BIA 2009) In this case, the Board of Immigration Appeals considered the question of whether or not a lawful permanent resident is eligible to apply for special rule cancellation of removal for battered spouses. There are certain aspects of U.S. immigration law which are purely driven by humanitarian considerations. One of these […]
Posted in Deportation and Detention, Family Based Tags: abused spouse, battered spouse, BIA, cancellation of removal, Matter of A-- M--, removal, special rule Comments Off on Special Rules Cancellation of Removal for Battered Spouses Available to Permanent ResidentsStepchild Qualifies As Relative for Purposes of Cancellation of Removal
December 15th, 2009 Max Nuyen Matter of Portillo-Gutierrez (BIA 2009) The Board of Immigration Appeals ruled that a stepchild meets the definition of a child for purposes of qualifying for cancellation of removal. This should come as a relief to many persons who are now in the country unlawfully, because cancellation of removal is one of the few avenues for […]
Posted in Deportation and Detention, Family Based Tags: cancellation of removal, child, exceptional and extremely unusual, Matter of Portillo-Gutierrez, qualifying relative Comments Off on Stepchild Qualifies As Relative for Purposes of Cancellation of RemovalNinth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for Spouses
October 8th, 2009 Max Nuyen Landin-Molina v. Holder (9th Cir. 2009) Before 1952, the general rule in immigration law was that one had to be outside the United States in order to be eligible to receive an immigration visa. American embassies and consular offices in foreign countries issued such visas, which permitted the recipient to enter the U.S. and live […]
Posted in Business Related, Deportation and Detention, Family Based Tags: 245(i), adjustment of status, grandfathering, Ladin-Molina v. Holder, permanent residence Comments Off on Ninth Circuit Clarifies Eligibility for “Grandfathering” of 245(i) Benefits for SpousesNinth Circuit Reaffirms Imputation of Parent’s LPR Status for Minor Child
September 30th, 2009 Max Nuyen Mercado-Zazueta v. Holder (9th Cir.) In this case, the 9th Circuit decided the question of whether a parent’s status as a lawful permanent resident may be imputed to an unemancipated minor child residing with that parent, for purposes of satisfying the five-year permanent residence requirement for cancellation of removal under § 240A(a)(1) of the Immigration […]
USCIS Unveils New Website Design
September 24th, 2009 Max Nuyen On Tuesday, DHS Secretary Napolitano unveiled a redesigned USCIS website. I think the site does look better and is easier to navigate. The changes are not just cosmetic, though, because the site now includes tools and apps which allows you to track the status of your citizenship application, update your immigration records, and access forms. There is also a Spanish language version of the site. One […]
Posted in Business Related, Citizenship, Family Based, Uncategorized Tags: immigration, immigration forms, Napolitano, pending applications, USCIS, website Comments Off on USCIS Unveils New Website DesignUSCIS Changes Procedures for Adjudicating I-751 Applications Where a Divorce is Pending but not Finalized
September 21st, 2009 Max Nuyen USCIS Acting Associate Direct Donald Neufeld issued a memorandum which offers guidance to field offices on how to process certain I-751 applications to remove conditions. The I-751 presents a difficult situation for couples who married in good faith but are separated or undergoing divorce proceedings prior to the filing of the I-751. The form only […]
Posted in Family Based Tags: adjudication, divorce, family based, I-751, joint filing, permanent residence, USCIS 13 Comments »UCSIS Extends Eligibility for TPS Status for Somalis
July 27th, 2009 Max Nuyen USCIS stated that it will extend Temporary Protected Status (“TPS”) for Somalis for 18 months from September 17, 2009 until March 17, 2011. That means Somali nationals presently in the U.S. in TPS status may remain in that status until at least 2011. USCIS will also extend the validity of existing employment authorization cards for Somali TPS holders for six months through March 17, […]
Having a U.S. Citizen Stepparent Is Not Enough to Confer Derivative Citizenship
June 5th, 2009 Max Nuyen Martinez-Madera v. Holder (9th Cir. 2009) Juan Martinez, the immigrant in this case was born in Mexico. Both his parents were Mexican citizens at the time of his birth, and they were not married, either. His biological parents split up soon after he was born and his mother became involved with another man who was […]