Ninth Circuit Finds No Abandonment of Residence (Manifest Border)

The Manifest Border, a legal blog focusing on immigration: "
COURT VACATES REMOVAL ORDER OF LPR ALLEGED TO HAVE ABANDONED RESIDENCE: The U.S. Court of Appeals for the Ninth Circuit reviewed the petition of an LPR found inadmissible under 212(a)(7) when he returned to the U.S. after 15 months abroad.

The court spells it all out in Khodagholian v. Ashcroft."

Congress OKs Delay on Biometric Passports

Congress OKs Delay on Biometric Passports

CIS Director Aguirre Backlog Reduction Testimony

Last Week in Congress, July 27, 2004: (AILA)

Last Week in Congress, July 27, 2004: printer friendly version

Celia Cruz Refused Artist's Visa in 1950s

Celia Cruz Refused Artist's Visa in 1950s20040726054501_22.html

H-1B Cap Gap Relief

On February 25, 2004, the CIS published a notice that the the H-1B
numerical limitation would be reached and that CIS would not process
any additional petitions with an employment start date on or before
September 30, 2004.

In a notice 69 Federal Register 44044(July 23, 2004) DHS extends the duration of status for certain F and J students if their prospective employer has timely filed a request for change of nonimmigrant status to that of an H-1B nonimmigrant alien that is
received by DHS on or before July 30, 2004 and contains an employment
start date of no later than October 1, 2004. This measure will prevent
a lapse of status for aliens who have maintained their status and would
otherwise be eligible for a change to H-1B status if the annual H-1B
numerical limitation had not been reached.

Yates Ability to Pay Memorandum

The controversial memorandum from William Yates, Associate Director, Operations, sets forth documentation that an I-140 petitioner should submit; directs an RFE if I-140 Part 5 is incomplete or for required financials; directs positive determination when net income or assets exceed proffered wage, or where the petitioner is presently paying the beneficiary the proffered wage. Three required documents pursuant to 8CFR 103.2(b)(1) establishing ability to pay, are either: Annual report; Tax return; or Audited financial statement. Adjudicators can approve petitions with ability to pay issues if 1.The Petitioner’s net income is equal to or more than the proffered wage; or 2. The Petitioner’s net current assets are equal to or more than the proffered wage; or 3. The Petitioner provides credible and verifiable evidence that they are employing the beneficiary and has paid them or is currently paying them the proffered wage.