Asylum Changed circumstances

The Board of Immigration Appeals in a 2010 asylum application case opined on the situation of change of circumstances.

In the Matter of T-M-H, the asylum applicants were husband and wife from China. Their asylum application was filed based on China’s one-child policy after their second child was born, but the application was not filed within one year from their entry to the United States. Per the regulations, they should be barred to file their asylum application because of not filing timely under the 1-year rule. Notwithstanding the delayed filing, the Immigration Court granted the asylum application on the ground that there was a “changed circumstance,” which was the born of a second child. The Immigration Judge determined that the asylum applicants satisfied an exception to the1-year asylum filing deadline because their applications were filed within 1 year of “changed circumstances” that materially affect their eligibility for asylum.

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H-1B Dependent Employer

H-1B is the most commonly used working visa for U.S. employers to hire qualified foreign works. There are many requirements involved in hiring H-1B workers. In addition to those requirements, there are certain special obligations apply to a class of H-1B dependant employers.

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Market Research Analyst

The Administrative Appeals Office (“AAO”) of the U.S. Citizenship and Immigration Services (“USCIS”) on April 15, 2010 made a decision on an appeal case in a matter of whether the position of a Market Research Analyst is a professional job.

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Five Myths About Immigration

Doris Meissner is a former Commissioner of the then US Immigration and Naturalization Service (INS).  Mr.s Meissner published an article earlier this months discussing her views on five myths in regard to immigration related truth in the United States.

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Matter of Rose - I751 Waiver Not Required

A hardship waiver of Petition to Remove Conditions is not required if the U.S. citizen spouse died during the 2-year conditional period.

The U.S. Department of Justice Board of Immigration Appeal (“BIA”) made a decision on an appeal case on January 25, 2010 in which the BIA said that a conditional resident from marrying a U.S. citizen, who has timely filed form I-751 (petition to remove condition) and appeared for the interview, does not need a Immigration and Naturalization Act (“INA”) hardship waive in the situation that the U.S citizen spouse died during the 2-year conditional period.

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