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DHS Extends TPS Re-Registration Periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

December 30, 2023|Contributed by: Jennifer Howard

On September 8, 2023, the U.S. Department of Homeland Security (DHS) announced it would be extending from 60 days to 18 months the periods to re-register for Temporary Protected Status (TPS) for TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. On December 13, 2023, DHS published a federal register notice reiterating the […]

Stateside Visa Renewal Program Has Been Announced

December 28, 2023|Contributed by: Zachary New

At long last!  The limited, pilot, and did we say limited? Stateside Visa Renewal Program Has Been Announced In what is great news for up to 20,000 individuals in the U.S. seeking to renew their visas without having to make an international trip and risk being stuck outside of the U.S., the Department of State […]

BIA decision pushes back on DHS-requested dismissals of immigration court cases over noncitizens’ objections

December 22, 2023|Contributed by: Aaron C. Hall, Esq.

On December 20, 2023, the Board of Immigration Appeals issued a precedent decision in Matter of H.N. Ferreira, 28 I&N Dec. 765 (BIA 2023). In H.N. Ferreria, the Board found the Immigration Judge had erred in concluding that he was required to terminate proceedings simply because the Department of Homeland Security (DHS) had moved to […]

Continuing the Immigration Journey, Part 2: Survivor Benefits for Widow(er)s of U.S. Citizens

November 27, 2023|Contributed by: Jennifer Howard

Navigating the immigration landscape in the wake of a loved one’s passing is a profound journey marked by unique challenges. Last month, we looked at humanitarian reinstatement, a legal mechanism allowing a substitute sponsor to “step in” under certain circumstances for a deceased petitioner, ensuring the progression of an immigration case beyond the petitioner’s passing. […]

Texas Governor to Sign Latest Anti-Immigrant Law

November 21, 2023|Contributed by: Aaron C. Hall, Esq.

The Texas Legislature has passed what the Texas ACLU called one of the most radical anti-immigrant bills ever passed by a legislature. Even though members of both parties conceded that the legislation was unconstitutional, Senate Bill 4 overwhelmingly passed to create a new state crime for unauthorized entry or reentry to Texas from a foreign […]

SpaceX’s Legal Victory in Immigration Discrimination Case

November 20, 2023|Contributed by: Zachary New

On November 8, 2023, the District Court for the Southern District of Texas handed the company SpaceX a large win in its litigation against the Department of Justice’s Immigrant and Employee Rights Section.  Challenging the constitutionality of the Department of Justice’s administrative enforcement proceedings that have been brought against it, SpaceX’s litigation here has the […]

Additional H-2B Visas to be Available in 2024

November 17, 2023|Contributed by: Ryland Warner

There is a general cap for H-2B visas at 66,000 visas per fiscal year, divided into 33,000 visas for H-2B employees starting on April 1st and an additional 33,000  H-2B employees starting on October 1st. With many employer petitioners vying for these visas, they can all be claimed very quickly. Generally, Congress agrees to release […]

Continuing the Immigration Journey, Part 1: Humanitarian Reinstatement of the I-130 Petition after the Petitioner’s Passing

October 25, 2023|Contributed by: Jennifer Howard

Losing a loved one is an experience that profoundly touches the lives of those left behind. The toll it takes is immeasurable for anyone, but the challenges become even more complex when an individual or family’s immigration journey is intertwined with the departed. For instance, typically when the sponsor (petitioner) for an immigration case dies, […]

Immigration Court Guidance on Prosecutorial Discretion

October 24, 2023|Contributed by: Aaron C. Hall, Esq.

On September 28, 2023, David Neal, Director of the Executive Office for Immigration Review (EOIR), the agency running the nation’s immigration courts and the Board of Immigration Appeals, published guidance to immigration judges on the Department of Homeland Security’s enforcement priorities and prosecutorial discretion initiatives. While prosecutorial discretion is exercised by DHS, not the immigration […]

Re-Filing Asylum Applications Following EOIR Dismissal or Termination of Removal Proceedings

October 23, 2023|Contributed by: Ryland Warner

Effective on October 16th, 2023, if your pending asylum case in immigration court was dismissed or terminated, you still have an option available to continue your pursuit for asylum. USCIS now instructs asylum applicants still interested in pursuing asylum to file a new Form I-589 to the USCIS lockbox that has jurisdiction over the applicant’s […]

NOTABLE CASES

Appeals & Federal Litigation Cases

PURDUE UNIVERSITY v. EUGENE SCALIA

We’ve filed a case challenging the US Department of Labor over a new rule that dramatically hikes wages for H-1B, H-1B1, PERM and E-3 cases.

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AKER v. TRUMP

This case challenged the Presidential Proclamation 10014 and 10052 with respect to DV winners. The judge has certified the case as a class action …

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ANUNCIATO v. TRUMP

This case challenged visa processing delays and the Trump Administration’s immigrant visa ban, Presidential Proclamation 10014.

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MILLIGAN v. POMPEO

This case features “pair[s] of star-crossed lovers” on whose lives, like Romeo and Juliet’s, a plague has wreaked havoc.

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