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Immigration Blog

Re-Registration Period Now Open for Individuals with TPS under Syria’s Designation

September 23, 2019|Contributed by: Joseph & Hall P.C.

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Syria’s designation who want to maintain their status through March 31, 2021, must re-register between Sept. 23 and Nov. 22, 2019.
Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and are available at uscis.gov/tps.
All applicants must submit Form I-821, Application for Temporary Protected Status.

Visa Retrogression – Why has My Employment Based Visa Gotten Delayed?

August 27, 2019|Contributed by: Erin Williams

For employment-based applicants one of the most important parts of the process is the establishment of a priority date.  This date is set with the filing of the Labor Certification (ETA 9089) with the Department of Labor (DOL), if required, or the filing of the Immigrant Visa Petition (Form I-140) with the U.S. Citizenship and Immigration Service (USCIS).  This date determines when the beneficiary will be eligible to receive their permanent residence – green card,

The DOJ Passes Rule to Further Undermine the Independence of Immigration Judges

August 26, 2019|Contributed by: Joseph & Hall P.C.

The U.S. government on Friday announced changes to the agency that runs the country’s immigration courts (EOIR), giving its director authority to weigh in and make appellate rulings on cases. The interim rule, published by the Justice Department, faced immediate criticism by the immigration judges’ union. AILA (the American Immigration Lawyers Association) also criticized the decision, by saying the Trump administration is trying to exert improper political sway over immigration court decisions. The Court is supposed to be politically neutral.

Time to Renew? DACA Heads to U.S. Supreme Court

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

The U.S. Supreme Court has agreed to hear an appeal of the Trump Administration’s decision to terminate the Deferred Action for Childhood Arrivals (DACA) program.  Currently, as a result of court orders, USCIS continues to accept and process renewal applications for DACA.  New applications for those who have never previously been granted DACA are no longer accepted.
A decision by the Supreme Court is likely to come in June of 2020 or before. Those who have a current grant of DACA which expires at any time in 2019 or 2020 should consider renewing immediately in order to get a new grant with a validity date extending as far into the future as possible. 

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: Joseph & Hall P.C.

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: Joseph & Hall P.C.

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,

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