Our featured unpublished BIA decision for March 2014 involves a deceptively complicated issue for noncitizens filing employment-based adjustment applications: whether an applicant has maintained “lawful status” for purposes of Sections 245(c) and 245(k) of the Immigration and Nationality Act (INA). While often straightforward, such determinations can become complicated for noncitizens who submitted applications to or

IRAC has released the April 2014 update to its Index of Unpublished Decisions of the Board of Immigration Appeals, which now contains decisions issued through April 3. Individuals who have purchased the 2014 edition of Index may download the updated version for no additional charge. The Index now contains links to cases stating: * Descamps v. United States, 133

By Ben Winograd Our featured unpublished decision for February 2014 involves waivers of inadmissibility under Section 212(k) of the Immigration and Nationality Act, a little-known remedy available to noncitizens who unwittingly seek to enter the country on invalidly issued immigrant visas. The respondent in the case, Jin Hee Shin, A047 415 708 (BIA Feb. 4,

IRAC has released the March 2014 update to its Index of Unpublished Decisions of the Board of Immigration Appeals. The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing review of more than 6,000 unpublished BIA decisions. Individuals who have purchased the 2014 edition of Index may download the updated version for

The BIA vacated a decision of the Immigration Judge denying asylum to an Eritrean national who fled national service in Eritrea.  New evidence submitted on appeal demonstrated that Eritrean national service is not a draft in the normal sense and more closely resembles an indefinte program of involuntary servitude.  The BIA’s decision vacated the earlier