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The Child Status Protection Act

This practice advisory provides an overview of the CSPA, its effective date, and its interpretation and implementation by USCIS, the U.S. Department of State, the Board of Immigration Appeals, and the courts.

Published On: Thursday, June 20, 2013 | Download File

Unauthorized Immigrants In Idaho Contribute $428.8 Million In Economic Activity

Published on Wed, Jul 28, 2010

The Immigration Policy Center on Wednesday released its complete series of 50 state fact sheets which highlight the political and economic power of immigrants, Latinos and Asians in every state of the union.

Here are the results for how immigrants affect Idaho.

Published in the Sun Valley Online

Dada v. Mukasey Q&A: Preliminary Analysis and Approaches to Consider

In Dada v. Mukasey, the Supreme Court protected the right to file a motion to reopen by holding that voluntary departure recipients are permitted to unilaterally withdraw their voluntary departure request before the expiration of the voluntary departure period. This Q&A offers preliminary analysis about the potential impact of Dada v. Mukasey on individuals’ cases and offers suggestions about immediate steps to take.

Published On: Tuesday, June 17, 2008 | Download File

The Memory Coat: A Board Game

The Memory Coat Journey - A Board Game is designed as a follow-up enrichment activity to the picture book The Memory Coat Journey which follows a Russian Jewish boy on his journey to America during WWII.

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Has Obama Failed the Immigration Reform Movement?

Published on Thu, Aug 19, 2010

Robin Templeton of GritTv and Seth Hoy of AlterNet jumped on the issue this week. Both argue that, in far too many cases, the citizenship of an immigrant's children has little bearing on whether or not she stays in the country, let alone become a U.S. citizen.

Published in the The Huffington Post

Adjustment of Status When Admission Involved Fraud or Misrepresentation

In March 2008, the Ninth Circuit issued a decision, Orozco v. Mukasey, 521 F.3d 1068 (9th Cir. 2008) , finding that a noncitizen who obtains entry into the U.S. by fraudulent means is statutorily ineligible for adjustment of status under INA § 245(a) because he or she has not been “admitted.” Following the Ninth Circuit’s decision, which was later vacated (Orozco v. Mukasey, 546 F.3d 1147 (9th Cir. 2008)), numerous immigration courts throughout the country were questioning whether Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), was still good law. In Matter of Areguillin, the Board of Immigration Appeals (BIA or Board) had held that an admission occurs when an inspecting officer “permits the applicant to pass through the port of entry.” Thus, the BIA found that Areguillin was “inspected and admitted” within the meaning of the adjustment statute, INA § 245(a), when she was waived through the port of entry, even though she was inadmissible at that time due to lack of proper documents. Ultimately, in July 2010, the BIA issued a precedent decision affirming the rule in Matter of Areguillin.

CASES l RESOURCES

CASES

In the following cases, the LAC submitted amicus briefs to the BIA arguing that Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), should be reaffirmed and that a noncitizen was “admitted” when an immigration officer at a port of entry inspected him and allowed his entry, even if he was inadmissible at the time.Read more...

Workshop 2006

The American Immigration Law Foundation's Curriculum Center held five successful teachers' symposia in 2006. Teachers attended free day long professional development workshops in Chicago, Miami, Philadelphia, San Francisco and Washington, D.C.The symposia focused on current immigration policies, presenting immigration in the classroom, sharing stories through oral history, learning with literature and media and using artifacts, primary sources and dramatic arts to teach immigration.

Five Public Colleges in Georgia Ban Illegal-Immigrant Students

Published on Thu, Oct 14, 2010

“The higher-education issue is hot everywhere,” said Benjamin Johnson, executive director of the American Immigration Council, a policy group in Washington. “It’s a backdoor way of making immigration policy.”

Published in the New York Times

Adjustment for K-2 Visa Holders

The LAC has long advocated that a child of a fiancée of a U.S. citizen (a K-2 visa holder), who legally entered the U.S. when under age 21, is eligible for adjustment of status even after turning age 21. The LAC filed amicus briefs in numerous cases before the Board of Immigration Appeals arguing that this framework for adjustment of status was a more correct interpretation of the law and furthered Congress’s goal to keep families intact.

On June 23, 2011, in Matter of Le, 25 I&N Dec. 541 (BIA 2011), the Board held, consistent with the LAC’s position, that the age of the child is “fixed” at the time the child is admitted to the United States. In doing so, the Board rejected DHS’ position that a K-2 visa holder is eligible only if he or she is under 21 at the time the adjustment of status application is adjudicated. As a result, noncitizens who were under 21 when they were admitted and now are pursuing adjustment of status in removal proceedings or before U.S. Citizenship and Immigration Services, will be able to become lawful permanent residents as Congress intended.

CASES | ADVOCACY

CASES

The LAC and the American Immigration Lawyers Association submitted several amicus briefs in cases pending before the Board of Immigration Appeals addressing adjustment for K-2 visa holders. The brief submitted in In Re Qiyu Zhang is one example.Read more...