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Immigration Blog

TPS Automatically Extended for Six Countries through January 4, 2021

December 2, 2019|Contributed by: Jennifer Howard

On November 1, 2019, the U.S. Department of Homeland Security (DHS) announced the automatic extension of Temporary Protected Status (TPS) validity for the following countries:

El Salvador;
Haiti;
Nicaragua;
Sudan;
Honduras; and
Nepal.

At this time, TPS beneficiaries do not need to take any action to re-register or to renew their Employment Authorization Documents (EADs). Rather, such individuals may show their current EAD and a copy of the Federal Register Notice (below) to employers to demonstrate they have valid employment authorization and to explain that their TPS-Related Documentation has been auto-extended through January 4,

Class-action Lawsuit for Government to Provide Free Mental Health Treatment for Families that were Separated

November 26, 2019|Contributed by: Jennifer Wadhwa

Earlier this month, a federal district court judge in California ordered the federal government to provide free mental health screenings and treatment for parents and children who were traumatized after being forcibly separated at the border following the Trump administration’s zero-tolerance family separation policy. Under the policy, in just one month, 3000 children, “some as young as 18 months old and 100 less than four years old” were forcibly separated from their parents and scattered across the U.S.

USCIS Policy Manual Update: No Need to Wait for Immigration Judge to Affirm USCIS Termination of CLPR Status Before New Adjustment

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

On November 21, 2019, USCIS announced changes to its policy manual related to applications for adjustment of status for those whose conditional lawful permanent resident (CLPR) has been terminated by USCIS.
A noncitizen can gain CLPR status based on marriage to a U.S. citizen or lawful permanent resident where they have been married for less than two years at the time of admission—or based on an immigrant investor (EB-5) visa.
A CLPR is generally ineligible to adjust status on a different basis.

DACA at the Supreme Court – The Last Stop Before Dreamers Leave Legal Limbo

November 20, 2019|Contributed by: Zachary New

Deferred Action for Childhood Arrivals (DACA) was first implemented by President Obama in 2012 to give individuals who were brought to the United States as children, so called “Dreamers,” an opportunity to have legal status, work authorization, and a sense of security that they would not be targets of immigration enforcement efforts by ICE, albeit in two year increments requiring an expensive application with strict eligibility requirements.  As of September 4, 2017, there were nearly 700,000 active recipients of DACA in the United States.

What does electronic registration mean for H-1B Cap Subject Petitions to be filed in April 2020 for FY 2021?

October 28, 2019|Contributed by: Erin Williams

On January 31, 2019, the Department of Homeland Security published the final rule: Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.[1]  This rule changed the submission and selection of Cap-Subject H-1B Petitions. The rule requires that employers register to file H-1B petitions in an effort to streamline the processing of cap-subject petitions that historically are filed at three times the annual amount available. The Department says that the new rule provides user cost reduction and government benefits.

FOIA Results: Failure to Prosecute Cases

October 28, 2019|Contributed by: Aaron C. Hall, Esq.

On December 21, 2018, EOIR Director McHenry published PM 19-08, “Acceptance of Notices to Appear and Use of the Interactive Scheduling System,” instructing immigration courts to “reject any NTA in which the time or date of the scheduled hearing is facially incorrect—e.g. a hearing scheduled on a weekend or holiday or at a time when the court is not open.”
In any case where the NTA is not filed with the immigration court as of the time and date of the hearing listed on the NTA,

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. 

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