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Immigration Blog

DACA Updates, and a Caveat: D.C. Federal Judge Orders Full Restoration of DACA, with 20-Day Delay

August 7, 2018|Contributed by: Jennifer Howard

This week marks eleven months since the Trump administration announced the cancellation of the Deferred Action for Childhood Arrivals (DACA) program. However, the fate of DREAMers remains just as uncertain as that day in September when the program benefitting an estimated 800,000 was rescinded.
Just this past Friday, August 3, 2018, a U.S. District Court in Washington, D.C., reaffirmed its April 24th decision in NAACP v. Trump and ordered the full restoration of the DACA program,

Good News Roundup

July 27, 2018|Contributed by: Aaron C. Hall, Esq.

New restrictive interpretations of immigration laws and enforcement without discretion continue to rock immigrants, families, and businesses around the country. With the nonstop deluge of bad immigration news, it can be easy to forget that cases continue to get approved.  As a bit of a respite, here are some of the good things we’ve seen in July:

A Joseph Law Firm client who hired the firm at the “request for evidence” stage after a very rough marriage-based adjustment of status interview was approved following our response to the request for evidence.

Employment Based Permanent Residence for “Professionals” and those with “Advanced Degrees”

July 27, 2018|Contributed by: Erin Williams

In a prior post, Employment-based Permanent Residency, Can You Sponsor Your ‘Skilled” or “Other Worker”?, we reviewed the basic process for Labor Certification/PERM as required for the “Skilled” or “Other Worker” categories.  The requirements that an employer must meet and document in order to sponsor a foreign worker for the EB-2 “Advanced degree” and the EB-3 “Professional” category are different from the “Skilled” and “Other Worker” categories.  Here, we will discuss the EB-2 “Advanced degree” and the EB-3 “Professional” categories.

CLIENTS ARE UNABLE TO PAY FEE BILLS AND SUBMIT IMMIGRANT VISA APPLICATIONS UNTIL FURTHER NOTICE

July 27, 2018|Contributed by: Alexander D. McShiras, Esq.

The Consular Electronic Application Center (CEAC) is an essential tool for completing any consular processing case that involves an immigrant visa. Applicants (or their attorneys) must login to this online system to pay the government filing fees (fee bills), choose an agent, and to submit their immigrant visa application. There is no other option to do all three of these required steps. The only way to do so is through CEAC. The CEAC web portal has been down since approximately July 20,

Employment-Based Permanent Residency, Can You Sponsor Your “Skilled” or “Other Worker”?

July 5, 2018|Contributed by: Erin Williams

The submission of the ETA Form 9089, Application for Permanent Employment Certification, (also known as a Labor Certification, or PERM Application) is the first step for many foreign nationals in obtaining permanent residency in the United States. The importance of filing this first step is that the date of the filing of the PERM application with the U.S. Dept. of Labor establishes the “priority date” which governs when she/he can apply for and receive permanent residence in the United States.

The Supreme Court Upholds Trump’s Travel Ban 3.0

June 28, 2018|Contributed by: Courtney Sommer

In the span of 9 months, President Trump issued three separate versions of a travel ban, each one struck down by a federal court before it could do much damage.
The third travel ban was the last to be issued and struck down by a federal court. But on Tuesday the U.S. Supreme Court issued a decision upholding the travel ban, stating that it is within the President’s power to impose restrictions on certain countries when the President believes entry by citizens of those countries could be detrimental to the interests of the U.S.

Another Brick in the Wall: New Public Charge Guidance Bodes Ill for American Families and Communities

June 27, 2018|Contributed by: Jennifer Howard

The Trump administration is adding another weapon to its stockpile in the war on immigration by seeking to broaden the definition of who is likely to become a “public charge” and in effect to make it more difficult for immigrants to come to the United States.
Specifically, the U.S. Department of State changed the Foreign Affairs Manual (the “FAM”), which provides guidance to consular officers in deciding if an applicant is eligible for a visa.

Pereira v. Sessions: Supreme Court Rules for Immigrant in Case Huge Implications for Those in Removal Proceedings

June 22, 2018|Contributed by: Aaron C. Hall, Esq.

This week the U.S. Supreme Court ruled for Brazilian immigrant Wescley Pereira in Pereira v. Sessions, finding that the charging document was defective and did not cut off the time in the United States he needed to establish to apply for cancellation of removal.  Many thousands of immigrants in removal proceedings are likely to benefit from this landmark decision.
Background
One of the most common defenses against deportation is called “cancellation of removal.”  To get cancellation of removal,

MORE IMMIGRANTS WILL GET IN-STATE TUITION UNDER A NEW COLORADO LAW

June 19, 2018|Contributed by: Alexander D. McShiras, Esq.

A new Colorado state law will help immigrants who helped the United States military to afford to go to college. The law will help an estimated 300 students in its first year and will continue for years to come. The law will benefit immigrants who came to the United States through the “Special Immigrant Visa” (SIV) program and will also benefit refugees. This program includes staff members who worked for the United States military abroad, including translators and interpreters.

USCIS Will Start Requiring Signatures and Identification to Receive Certain Documents

June 5, 2018|Contributed by: Kim Tremblay

In April, USCIS announced the agency will start mailing permanent resident cards, employment authorization documents, and travel booklets using a secure delivery service through the U.S. Postal Service.  The agency will begin using the service to mail these items to applicants who have changed their address while their application is pending or whose documents have been returned to USCIS as undeliverable.  USCIS will then roll out the new process for all other applicants.
Applicants will have to present identification and sign for these items upon delivery.

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