Supreme Court sides with government in immigration case

Law Firm News

The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they've committed crimes.

The decision Thursday split the court 5-4 along ideological lines. The decision came in the case of Andre Barton, a Jamaican national and green card holder. In 1996, when he was a teenager, he was present when a friend fired a gun at the home of Barton's ex-girlfriend in Georgia. And in 2007 and 2008, he was convicted of drug possession in the state.

His crimes made him eligible to be deported, and the government sought to remove him from the country in 2016. Barton argued he should be eligible to stay. Justice Brett Kavanaugh noted in his opinion for the court's conservatives that it was important that Barton's 1996 crime took place in the first seven years he was admitted to the country.

Kavanaugh wrote that “when a lawful permanent resident has amassed a criminal record of this kind,” immigration law makes them ineligible to ask to be allowed to stay in the country.

Related listings

  • Justice delayed: Virus crisis upends courts system across US

    Justice delayed: Virus crisis upends courts system across US

    Law Firm News 04/06/2020

    The coronavirus pandemic has crippled the U.S. legal system, creating constitutional dilemmas as the accused miss their days in court. The public health crisis could build a legal backlog that overwhelms courts across the country, leaving some defend...

  • Wisconsin moves forward with election despite virus concerns

    Wisconsin moves forward with election despite virus concerns

    Law Firm News 04/02/2020

    Voters in Wisconsin will face a choice Tuesday of participating in a presidential primary election or heeding warnings from public health officials to stay away from large crowds during the coronavirus pandemic.Hours after Democratic Gov. Tony Evers ...

  • Court reinstates order for Russia to pay $50 bln over Yukos

    Court reinstates order for Russia to pay $50 bln over Yukos

    Law Firm News 02/12/2020

    In a major legal defeat for the Russian government, a Dutch appeals court on Tuesday reinstated an international arbitration panel’s order that it should pay $50 billion compensation to shareholders in former oil company Yukos.The ruling overtu...

USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.

Business News