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Immigration Blog

EB-5 Immigrant Investor Program New Final Rule Published

July 29, 2019|Contributed by: Erin Williams

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS based on proposals for promoting economic growth. https://www.uscis.gov/eb-5
The EB-5 Immigrant Investor Program, often known as the million dollar green card,

Trump Administration Announces the Expansion of Expedited Removal

July 29, 2019|Contributed by: Alexander D. McShiras, Esq.

On July 23, 2019, The Department of Homeland Security (“DHS”) announced that it has expanded the use of expedited removal. The changes are effective immediately and are wide-ranging.
Expedited Removal (“ER”) is a way that the government deports (removes) people from the USA without a hearing in front of an immigration judge or review. In general, ER can be applied to people who enter the United States without being inspected and admitted or if a person is accused of entering the United States through fraud or misrepresentation.

Visa Processing Update!

June 27, 2019|Contributed by: Erin Williams

Whether applying for an immigrant (permanent) or nonimmigrant (temporary) visa, an applicant must follow all steps and provide all requested information in order to be processed.  Starting on May 31, 2019, the U.S. Department of State has added additional questions to the online processing forms.
U.S. Department of State proposed the solicitation of social media platform use and usernames from visa applicants for Forms DS-160, DS-156, and DS-260.  This proposal is now in effect and the Department of State is now collecting social media identifiers from most U.S.

Reflection from AILA Annual Conference

June 26, 2019|Contributed by: Aaron C. Hall, Esq.

Last week I had the chance to speak at the American Immigration Lawyers Association’s Annual Conference in Orlando on waivers of inadmissibility.  The conference is four days with wall-to-wall training sessions and opportunities to brainstorm, strategize, and commiserate with immigration lawyers from around the country.  It was, as always, both exhilarating and exhausting.
One of the highlights was the keynote address by Julian Castro, Former Secretary of Housing and Urban Development, Mayor of San Antonio,

AG Barr’s Proposed Changes to Immigration Appeals Will Backfire

June 19, 2019|Contributed by: Alexander D. McShiras, Esq.

Recently, Attorney General William Barr announced changes to the Board of Immigration Appeals (BIA) in a stated effort to reduce the huge backlog in immigration courts (approaching 1 million pending cases).  There are two main changes. First, it allows the BIA to issue decisions without explanation (called an AWO) in many more cases than it does currently. Second, it allows the BIA to set precedent decisions (which are binding on the whole Immigration Court system) if two of the three panel Judges agree to make it precedent.

Colorado Legislative Update: Increased Protections for Vulnerable Immigrant Youth, Reduced Criminal Penalties for Certain Low-Level Crimes, and A Check on Federal Immigration Enforcement by Local and State Law Enforcement Officers

June 10, 2019|Contributed by: Jennifer Howard

June 5, 2019 | Contributed by: Jennifer M. Howard, Esq.
Colorado’s 72nd General Assembly has been no stranger to addressing pertinent, and often sensitive, issues affecting Colorado’s estimated half-million and growing immigrant population. In the last three months, the Colorado legislature passed seven pro-immigrant bills and sent them to the Governor’s desk to be signed into law. Of those seven, Colorado Governor Jared Polis has signed four into law, to date:

HB19-1148: Signed into law on 3/28/2019,

ICE Checkpoints – Myths vs Facts

May 29, 2019|Contributed by: Courtney Sommer

On Tuesday, May 28, 2019, a Facebook post was being shared that claimed an ICE Checkpoint had been set up in southwest Denver. Similar stories of ICE Checkpoints in Colorado have been shared with more frequency over the past few years, and when you or someone you know is undocumented or unsure of your rights, these rumors can cause fear and anxiety.
However, there is no legal authority for ICE to set up checkpoints like this in Colorado.

Another Victory for Colorado!

May 29, 2019|Contributed by: Erin Williams

Governor Polis has signed another bill into law that is good for Colorado’s undocumented children. There are over $160 million dollars available in financial aid each year that previously was unavailable to college students without valid immigration status. HB19-1196 changed that and now students without legal status are immediately eligible to request financial aid and assistance.
In order to request and receive funding, students must have attended a Colorado high school for three years before graduating or completing the general equivalency exam (GED),

Attorney General Barr Self-Refers Cases on Postconviction Relief

May 29, 2019|Contributed by: Aaron C. Hall, Esq.

On May 28, Attorney General William Barr used his authority to self-refer the cases of Matter of Thomas and Matter of Thompson, 27 I&N Dec. 556 (A.G. 2019), for the issuance of a decision which will bind all immigration adjudicators.  In the less than 2.5 years of the Trump presidency, this marks the 11th time the Attorney General has self-referred a case for a precedential decision (8 under Sessions, 2 under Whitaker,

Temporary Protected Status (TPS) Update for Honduras and Nepal

May 14, 2019|Contributed by: Courtney Sommer

USCIS announced that it will not be implementing or enforcing the decision to terminate Temporary Protected Status (TPS) for Honduras or Nepal pending resolution of the federal lawsuits against the U.S. government.
For beneficiaries of TPS from Nepal, this decision means TPS-based work authorization will be automatically extended through March 24, 2020. For beneficiaries of TPS from Honduras, this decision means the TPS designation will remain in effect through January 5, 2020.
USCIS intends to issue subsequent notices with further information as the lawsuits progress.

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