San Francisco, CA
Immigration Lawyer at San Francisco, CA
Practice Areas: Immigration
OUTCOME: Appeal sustained; Electrical/electronics engineering degree recognized as related to computer science for purpose of H-1B visa eligibility
USCIS Administrative Appeals Office (AAO) non-precedent decision, overturning denial of H-1B visa petition on grounds that electronics engineering degree was not sufficiently related to the computer sc ... ience or software engineering disciplines.
OUTCOME: Successfully reversed INS "repulsion" policy
(1) Under the present statutory and regulatory scheme, an Immigration Judge properly declined to order an alien excluded in absentia where the Immigration and Naturalization Service did not detain or p ... arole the alien at the time he applied for admission to the United States, but instead returned him to Mexico with instructions to appear for an exclusion hearing at a later date. (2) By directing an applicant for admission to return to Mexico after being served with a Notice to Applicant for Admission Detained for Hearing before an Immigration Judge (Form I-122), the Service in effect consented to the alien's withdrawal of that application when the alien elected not to return to pursue his application for admission to the United States.
OUTCOME: JRAD validity upheld
The 10th Circuit Court of Appeals agreed that a judge's order recommending voluntary departure constituted a valid Judicial Recommendation Against Deportation (JRAD). Ultimately, however, the voluntar ... y departure request was denied, as the Board of Immigration Appeals was allowed to use extraneous factors to deny discretionary relief such as voluntary departure, notwithstanding the JRAD.
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