Does Brown v CPB Settlement Mean End to FOIA Delays with Customs?

7 Jan No Comments Uncategorized

It is very rare that an attorney will have a client who will present himself/herself with a nice organized file with every document pertaining to his/her immigration status.  Because of this, the first step to getting the “ball rolling” is to get the file.  Sometimes you can get the file

Nice Sample CBSA Foss File Available from Toronto Star

20 Dec No Comments Uncategorized

Every wonder what information the CBSA kept about your border crossings.  I just ran into this nice article and sample FOSS (Field Operation Support System) report.  It showed the person’s crossing, the lane and time they entered Canada, the travel document presented, and whether the system was entered into the

Attorney General Remands Chairez-Casterjon

27 Sep No Comments Uncategorized

Earlier, I had reported on the Attorney General’s decision in Chairez-Casterjon. Chairez-Casterjon says that when a defendant is convicted under a statute which can be violated in a way which is not a crime involving moral turpitude and another way which could be a crime involving moral turpitude, the immigration

I-192 Waiver Times Going Up to Five Years

27 Jul No Comments Uncategorized , , ,

According to the American Immigration Lawyer’s Association, the time period for initial I-192 waivers is going up to five years starting January 1, 2017.  An I-192 waiver (or technically “Advanced Permission to Enter as a Non-Immigrant”) is given to a Canadian citizen who is inadmissible to the United States by

Supreme Court Rules that Interstate Commerce Connection Is Not Need for Aggravated Felony

In a 5 to 3 opinion, the US Supreme Court found that state criminal offenses are analagous to their federal counterpart even though they do not have an interstate commerce connection. Interstate commerce is a jurisdictional hook that Congress inserts into many statutes in order for there to be a

BIA Holds that State Sentencing Guidelines Cap Lowers Minimum Sentence for Petty Crime Exception

Rejecting the Government’s argument to the contrary, the Board of Immigration Appelas held In the Matter of Juan-Emigdio-Giron has held that the sentencing guideline maximum sentence trumps the statutory maximum sentence for purposes of the petty offense exception. That petty offense exception holds that an individual is not inadmissible or removable

A US MBA Doesn’t Guarantee an H1B Visa

1 May No Comments Uncategorized

The article is a year old, but still applicable.  Here is a link to  interesting article on the advanced degree exception to the H1B cap.  This year 20,000 seats were reserved for advanced degree holders from American public (or non-profit) universities.  Sorry University of Phoenix grads! The exception was meant to

Visiting Mexico With a Criminal Record

There has been a lot of discussions about US and Canadian criminal admissibility issues. Very rarely have people talked about Mexico. Until recently, it appears that Mexico did not spend significant time investigating these issues and any legal prohibitions on criminal admissibility were largely unenforced. This appears to be changing.