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Children under 15 Too Young to Commit Fraud

The DOS has amended the Foreign Affairs Manual to clarify that children under the age of 15 cannot act “willfully” and therefore cannot be found inadmissible for committing fraud or misrepresentation pursuant to INA § 212(a)(6)(C)(i). 9 FAM 40.63 N5.3 Minors. For aliens between the ages of 15 to 16, the consular officer will need to determine if the child was acting at the direction of an adult or whether the child was acting on their own. Aliens aged 17 and over are presumed to act willfully unless they can establish a lack of knowledge or capacity.

New Pilot Program Assessment Letter for CDJ

The DOS has recently announced that it will start a pilot program involving persons applying for an immigrant visa at the U.S. consulates in Cd. Juarez, Mexico (CDJ) and Montreal, Canada.  The National Visa Center will be conducting its standard review of the forms and documents submitted by the applicant, including a review of the affidavit of support, civil documents, and police certificates.  If a case file is incomplete or lacks proper documentation, the NVC will send a checklist to the petitioner or designated agent indicating what changes are needed.

Update on CSPA’s One-Year Filing Requirement

The Department of State (DOS) recently confirmed that it will accept payment of the immigrant visa fee as satisfying the one-year filing requirement under the Child Status Protection Act.  In order for a child in the preference category to retain the “under 21” age status, and thus remain in the F-2A or derivative category, he or she must has “sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability.”  INA § 203(h)(1)(A).  The USCIS and DOS have consistently held that this could only be satisfied by filing one of three forms: an

BIA Agency Recognition and Staff Accreditations (April 2015)

CLINIC congratulates the following affiliates and staff upon receiving BIA recognition and accreditation, respectively: The SER Corporation of Kansas, in Wichita, Kansas received BIA agency recognition with Director Richard Lopez receiving BIA partial accreditation on March 27, 2015. New member Sisters of St. Benedict in Ferdinand, Indiana received agency recognition and partial accreditation for staff Sister Joan I. Scheller on March 27, 2015.  

New Affiliates (April 2015)

Hispanic Affairs Project (HAP) in Montrose, Colorado.  HAP has a BIA recognition and accreditation application pending before the Board. Tacoma Community House, Tacoma, Washington. The agency is BIA recognized with five accredited representatives.

CLINIC Helps Indiana Welcome Newcomers

By Jeff Chenoweth Across the country CLINIC and its 260-plus affiliates strive to welcome newcomers who seek to reunite with long-separated family members, work for fair wages with dignity, and find legal protections in the United States from persecution in their countries of origin. Helping our country, state, or local community to be welcoming to immigrants isn’t always easy, but it is the right thing to do. Indiana is a case in point.

Family Detention Update

On February 20, 2015 the U.S. District Court for the District of Columbia responded to the desperate pleas of detained Central American women and their children. The women had been found to have a credible fear of future persecution by an Asylum Officer or the Immigration Judge yet they remained detained on account of the U.S. government’s national security-based deterrence strategy of sending a message to other women and children considering fleeing to the United States for safety.

CLINIC Helps Indiana Welcome Newcomers

Across the country CLINIC and its 260-plus affiliates strive to welcome newcomers who seek to reunite with long-separated family members, work for fair wages with dignity, and find legal protections in the U.S. from persecution in their countries of origin. Helping our country, a state, or local community be welcoming to immigrants isn’t always easy but it is the right thing to do. Indiana is a case in point.

Rapid E-Learning: Completing the Application for Naturalization Form N-400

CLINIC has created a self directed e-learning course to help train new immigration legal staff and volunteers on completing Form N-400, Application for Naturalization.  The 90 minute course covers: an overview of the Form N-400 and the requirements for naturalization; steps to complete each part of the form and prepare the naturalization application for mailing; and steps in the naturalization process, including preparing for the naturalization interview.  The course is interactive and incorporates text, images, audio, and video along with opportunities for the participant to check his or h
Hands together as a team

Overview of the Federal Strategic Action Plan on Immigrant & Refugee Integration

On April 15, 2015, the recently formed White House Task Force on New Americans submitted its strategic action plan outlining a federal integration strategy to President Obama.

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