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San Francisco Immigration Law Blog

CA9 to Rehear En Banc Case Involving Constitutionality of “Habitual Drunkard” Bar to Good Moral Character

The Ninth Circuit Court of Appeals ordered that Ledezma-Cosino v. Lynch, originally decided by a three-judge panel of the Ninth Circuit on 3/24/16, be reheard en banc. (Ledezma-Cosino v. Lynch, 10/12/16). The panel granted Salomon Ledezma-Cosino’s petition for review of the Board of Immigration Appeals’ decision finding him ineligible for cancellation of removal or voluntary departure because he lacked good

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USCIS Updates Policy Manual with Extreme Hardship Guidance

USCIS Updates Policy Manual with Extreme Hardship Guidance https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume9-PartB.html USCIS Policy Manual on Determining Extreme Hardship guidance for qualifying relatives by certain statutory waiver provisions becomes effective 12/5/16. A copy of the PM follows: October 21, 2016 PA-2016-05 Policy Alert SUBJECT: Determining Extreme Hardship Purpose U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual

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SEVIS School Alert: Herguan University SEVIS Terminated

https://www.ice.gov/sevis/school-alerts This notice was posted on ICE’s website on October 13, 2016: Based on federal regulation, Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time. On Oct. 6, 2016, SEVP informed officials at Herguan University that the school’s Student and Exchange Visitor Information System (SEVIS) access will terminate as of Jan.

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November 2016 Visa Bulletin Is Released

DOS Releases Visa Bulletin for November 2016 The November 2016 Visa Bulletin has been released. https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-november-2016.html It includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The bulletin also includes the extension of the employment-based, fourth preference religious workers (SR) and employment-based, fifth preference pilot (I5 and R5) categories until December 9, 2016.

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EB5 China Filing Date Retrogression

The EB-5 Immigrant Visa Category Filing Dates for China will retrogress October 1 from May 1, 2015 to June 15, 2014. The National Visa Center (NVC) confirms it will continue to accept fees, forms, and documents for EB-5 immigrant visa applications for persons from China, provided they are postmarked on or before September 30, 2016. The October 2016 Visa Bulletin

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PERM Prevailing Wage Determination Processing Time Lengthens

Today iCERT posted an update to PERM Prevailing Wage Processing Time of September at 90 days to October for 109 days. I suspect 120+ days may be anticipated for November. The most common form of green card sponsorship through employment is PERM labor certification. The first employment visas to the US are usually nonimmigrant visas. Because they take less time

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CBP To Expand Global Entry to Nine Additional Airports

CBP notice that the global entry program will be expanded to nine additional airports. Global Entry will become operational at all nine airports on or before 4/3/17. (81 FR 68442, 10/4/16) Expansion of Global Entry Program to Nine Additional Airports CBP is designating nine additional Global Entry airports. Each of these airports will have Global Entry kiosks for the use

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