Providing asylum to the persecuted is a vital and treasured part of the American humanitarian tradition. It deserves reaffirmation and continued commitment. The asylum process, however, can also become a misused exception in the nation’s immigration laws, especially in a time of improved transcontinental travel and communications. Two important...
Immigration (Documents)
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- Publication Date: September 28, 2011
- Tags: Adjudication, Asylum, Hearings, Immigration, Judicial Review
- Publication Date: September 28, 2011
- Tags: Adjudication, Immigration, Review of Discretionary Decisions, Visas
United States consulates around the world complete the processing of some nine million applications for immigrant and nonimmigrant visas each year. Approximately ninety percent are granted; ten percent are denied. Under current practice, the only review of a consular official’s denial of a visa may be by a more senior officer in the consulate, or, on points of law, by the Visa Office in the...
- Publication Date: February 28, 2012
- Tags: Adjudication, Administrative Review, Congress, Immigration
The Immigration and Nationality Act of 1952, as amended, requires the Justice Department to make two major types of decisions affecting aliens—whether to exclude aliens seeking to enter the United States and whether to deport those already in the country. The Act and the accompanying regulations also require a host of collateral decisions concerning visa petitions, waivers of grounds for...
- Publication Date: February 28, 2012
- Tags: Adjudication, Immigration, Representation, Veterans
A substantial number of individuals involved in Federal “mass justice”1 agency proceedings need and desire assistance2 in filling out forms, filing claims, and appearing in agency proceedings, but are unable to afford assistance or representation by lawyers. A lack of assistance or representation reduces the probability that an individual will...
- Committees: Adjudication
- Publication Date: August 27, 2012
- Tags: Adjudication, Immigration
The U.S. immigration removal adjudication agencies and processes have been the objects of critiques by the popular press, organizations of various types, legal scholars, advocates, U.S. courts of appeals judges, immigration judges, Board of Immigration Appeals members and the Government Accountability Office. Critics have noted how the current immigration adjudication system fails to...
- Publication Date: August 28, 2012
- Tags: Adjudication, Appeals, Immigration, Labor
Under the 1965 amendments to the Immigration and Nationality Act aliens seeking permanent residence for the purpose of employment must obtain a certification from the Secretary of Labor that, in essence, there are no suitable workers available in the United States and that their employment will not adversely affect wages and working conditions. 8 U.S.C. 1182(a)(14). The labor certifications...
Procedures of the Immigration and Naturalization Service in Respect to Change-of-Status Applications
- Publication Date: September 6, 2012
- Tags: Adjudication, Immigration
Section 245 of the Immigration and Nationality Act, 8 U.S.C. § 1255 (1970), provides that an alien who meets all requirements for admission as an immigrant may have his status adjusted “by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence.”
The Immigration and Naturalization Service last...
- Committees: Adjudication
- Publication Date: December 29, 2012
- Tags: Adjudication, Immigration
- Committees: Adjudication
- Publication Date: December 29, 2012
- Tags: Adjudication, Immigration
- Committees: Adjudication
- Publication Date: December 29, 2012
- Tags: Adjudication, Immigration