All circuits to consider the question have held that plain language of the statutory aggravated felony bar to the waiver in INA 212(h) applies only to individuals who entered the United States as lawful permanent residents (LPR), not to those who subsequently adjusted to LPR status. Papazoglou v. Holder, 725 F.3d 790 (7th Cir. 2013); Hanif v. Atty. General of the United States, 694 F.3d 479, 487 (3d Cir. 2012); Bracamontes v. Holder, 675 F.3d 380, 386"87 (4th Cir. 2012); Lanier v. U.S. Atty. Gen., 631 F.3d 1363, 1366"67 (11th Cir. 2011); Martinez v. Mukasey, 519 F.3d 532, 546 (5th Cir.
USCIS memo dated Jan. 24, 2013 instructs officers not to find a reason to believe that the applicant may be inadmissible under INA 212(a)(2)(A)(i) if the offense is not a CMT, or qualifies for the petty offense or for the youthful offender exception.
The ILRC has expanded and updated the free Relief Toolkit for Defenders. The purpose of the Toolkit is to help defenders quickly identify possible immigration applications or relief for which the client might be eligible. The toolkit is one of the Notes from the California Chart and Notes.
http://www.ilrc.org/files/documents/17._relief_toolkit_jan_2014_final_0.pdf
Thanks to Kathy Brady.
Amponsah v. Holder, 709 F.3d 1318 (9th Cir. Mar. 22, 2013) (BIA's blanket rule against recognizing state courts' nunc pro tunc adoption decrees constitutes an impermissible construction of the term child in 8 U.S.C. 1101(b)(1)(E), and thus is not due deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council , Inc., 467 U.S.
Marin-Rodriguez v. Holder, 710 F.3d 734 (7th Cir. Mar. 6, 2013) (federal violation of 18 U.S.C. 1546(a), where the noncitizen was charged with using a social security card, knowing that card was not assigned to him and had been unlawfully obtained, to secure and maintain employment, was a crime of moral turpitude as a fraud offense).
On Mar. 7, 2013, the President signed into law the reauthorized Violence Against Women Act (VAWA). The reauthorization contains some expanded protections for immigrants, but did not increase the number of available U visas. The law includes new provisions on stalking, children of self-petitioners, children of U visa applicants, immigrants engaged to citizens, and funding for law enforcement to fight trafficking.
The text of the reauthorization passed by Congress at http://www.immigrationadvocates.org/link.cfm?21056.
Starting Mar. 4, 2013, there is a new process for qualified immigrants who need a waiver of unlawful presence in the U.S. Under the new process, immigrant visa applicants in the immediate relative category may apply for a "provisional waiver" before departing for the consular interview if they are (a) inadmissible solely based on unlawful presence, and (b) can show extreme hardship to a USC spouse or parent.
Reynoso v. Holder, ___ F.2d ___, 2013 WL 1197744 (1st Cir. Mar. 26, 2013) (whether applicant for non-LPR cancellation is barred from showing good moral character, under INA 101(f), 8 U.S.C. 1101(f), is a legal question open to judicial review).
Ramos v. U.S. Attorney General, ___ F.3d ___, ___, 2013 WL 599552 (11th Cir. Feb. 19, 2013) (Here, the Government argues that, under Duenas"Alvarez, Ramos must show that Georgia would use the Georgia statute to prosecute conduct falling outside the generic definition of theft; if he cannot, the Government argues, the statute cannot be considered divisible.
Cano v. U.S. Attorney General, ___ F.3d ___, 2013 WL 557171 (11th Cir. Feb. 15, 2013) (Florida conviction for resisting an officer with violence, in violation of Fla. Stat. 843.01 [knowingly and willfully resists, obstructs, or opposes any [officer] ... by offering or doing violence to the person of such officer], is a crime involving moral turpitude, because the offense requires intentionally offering or doing violence to the officers person); following United States v. Romo"Villalobos, 674 F.3d 1246, 1250 n.4 (11th Cir.