Immigration Law Precedent Set by the USCIS

RI Divorce and Immigration Attorney Alves found this article concerning the recent precents set by the US Citizenship and Immigration Services. The full article follows below.

USCIS Issues Two Precedent Appeals Decisions

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced that it has issued two decisions from the USCIS Administrative Appeals Office (AAO) as binding precedent for the agency. These decisions will provide guidance to USCIS adjudicators and help deliver predictability to the public. AAO precedent decisions result from a collaboration between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice (DOJ), which publishes the cases.

"The issuance of AAO precedent decisions honors USCIS’s commitment to the clear and consistent application of the immigration laws," said USCIS Director Alejandro Mayorkas. "We are grateful for the Justice Department’s partnership in our efforts to promote predictability in immigration-benefits cases." USCIS is committed to issuing further precedent decisions going forward, given their value to the agency and the public.

An AAO precedent decision is an immigration-appeals case that DHS, with the Attorney General’s concurrence, designates as establishing a rule for deciding future cases. Once published by DOJ, AAO precedent decisions bind all DHS personnel in the administration of the immigration laws. DOJ publishes the decisions in the bound volumes of the "Administrative Decisions Under Immigration and Nationality Laws of the United States" (I&N Dec.), which also contain the precedent decisions of the DOJ’s Board of Immigration Appeals.

The first decision affirms USCIS’s denial of an application to adjust status to permanent residence and holds that an employment-based petition must be "valid" initially if it is to "remain valid with respect to a new job." The second decision reverses USCIS’s denial of an application to preserve residence for naturalization purposes and clarifies the definition of employment by an "American firm or corporation."

For more information on USCIS and its programs, visit www.uscis.gov.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Credit Card Debt in RI Divorce

RI Divorce Attorney Rui P. Alves posts the following Family Court case results:

RI Family Court Case Results - DIVORCE

Husband and Wife divorce after many years of marriage. Husband wasted money on drugs and other non-marital purchases. As a result, the Husband accumulated credit card and other debts for large sums of money. When the parties were finally divorced, the Husband was responsible for 100% of the debts. Wife was also awarded 50% of Husband’s pension.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

US Immigration Reform Topics Spark More Debate

Immigration reform has become a prevalent topic in the United States. Even here in RI, Immigration is taking the forefront in everything from new immigration laws, to mayoral debates, to voting boycotts by minority groups.

The most common incidences of immigration violation occur for people who have entered the country legally with a valid visa, and then simply overstay the limit on their visa and forget to renew it for any number of reasons.

The distinction between criminal activity and civil immigration violations is such that even the Immigration and Naturalization Service has made undocumented accusations of criminal allegations libelous or slanderous, and the other a civil infraction comparable to accidental damage of the property of another.

If you're visa is about to expire, or you need help with the immigration paperwork to file for a green card or extend your work permit or visa, do not wait until the last minute. Immigration filings take time and the government rejects incomplete applications immediately. Protect yourself and seek the expertise and guidance of an attorney with experience in Immigration proceedings.

The following article highlights some of the debates raging across the country about valid and controversial immigration reform movements.



Immigration Reform: Hispanic Don’t Vote Ads Wont Be Aired
By Victor Hatley
October 23, 2010

The Hispanic group, Latinos For Reform, has launched a national campaign instructing Hispanics nationwide to avoid the polls on November 2nd, and the advertising firm, Univision, has refused to sell them air time for the campaign. The group’s ad claims that because of the broken promise of immigration reform, that Hispanic voters shouldn’t vote in any congressional elections, only state and local.

Univision’s Statement On The Subject

In their statement, much of which was also tweeted on the company site, they asserted that while the group’s leader, Robert de Posada, had appeared in several commentaries and other programming, he was not affiliated with Univision. They said “Univision will not be running any spots from Latinos for Reform related to voting. It is also important to clarify that while Mr. Robert de Posada has on occasion provided political commentary on Univision, representing one of various points of views, he is not in any way affiliated with Univision.” The statement went on to claim that the group was promoting a no vote stance, they are proud about “promoting civic engagement and our extensive national campaigns encourage Hispanics to vote.”
What The Ad Says

My Spanish is weak, so I listened to the English version. The group claims that “Last time, President Obama and the Democratic leadership made a commitment that immigration reform would be passed within a year. But two years have gone by and nothing. Not even a vote in Congress.” They assert that with the Democratic majority, something should have been done by now. Their ad ends saying “Democratic leaders must pay for their broken promises and betrayals.” The narrator ends saying, “Don’t vote this November. This is the only way to send them a clear message. You can no longer take us for granted. Don’t vote.”

While I can understand the frustration of the Hispanic communities, the legal individuals should understand that the vote they have is part of their voice in who, what, and why of how this government works. Also of note is the fact that the ad never mentions Republican oppositionism and their resistance to everything Obama or Democrat.


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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

Personal Injury Proceeds Pay Child Support Arrearage

RI Family Lawyers Alves Law Offices handle all cases involving Divorce, Custody, Child Support and more.

Case Results for RI Family Court -RI Child Support

Father failed to pay child support. Father was to receive money from settlement of personal injury action. Obtained restaining order to prevent father from receiving settlement money. All of the settlement money used to pay past child support due to mother.

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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.