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Immigration Blog

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USCIS to Return to Policy Granting Deference to Previous Adjudications

April 28, 2021|Contributed by: Zachary New

One of President Biden’s first executive orders was issued February 2nd, 2021, entitle “Executive Order on Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”  Its goals and directives reflected its title – to identify and remove barriers that impede access to immigration benefits.  Beyond requests for comments […]

ICE Rescinds Existing Fines for Failure to Depart, Will Not Issue Further Fines

April 27, 2021|Contributed by: Aaron C. Hall, Esq.

 On April 23, the Department of Homeland Security announced the recission of civil penalties for noncitizens who had failed to depart the United States under an order of removal. Beginning in 2018, ICE had issued fines, sometimes for hundreds of thousands of dollars, to certain noncitizens in the United States with active orders of removal.  […]

New U Visa Bill Passes in Colorado

April 26, 2021|Contributed by: Joseph & Hall P.C.

On March 17th, 2021, the Colorado House of Representatives passed HB21-1060, a bill which revised the requirements for the U Visa certification process and made it easier for U Visa petitioners to move forward with the process. U Visas were created in October 2000 as part of the Victims of Trafficking and Violence Protection Act […]

DACA: By the Numbers

April 20, 2021|Contributed by: Luke Niermann

A new report released by the Congressional Research Service cites estimates that as of December 2020, over 1.7 million undocumented individuals may be eligible now or in the near future for protection from removal and work authorization under the Deferred Action for Childhood Arrivals (DACA) initiative. According to these estimates, approximately 1.3 million are immediately […]

Syria Re-Designated for Temporary Protected Status

March 25, 2021|Contributed by: Aaron C. Hall, Esq.

On March 18, the Department of Homeland Security extended and redesignated Syria for Temporary Protected Status (TPS) based on the ongoing armed conflict preventing safe return to that country. Syrians who already have TPS will be able to re-register and retain their status through September 30, 2022. Current Syrian TPS-holders must re-register between March 19 […]

New Public Charge Rule Dropped

March 15, 2021|Contributed by: Luke Niermann

On March 9, 2021, the Department of Homeland Security Secretary, Alejandro Mayorkas, announced that the government will no longer defend the new 2019 public charge rule proposed and implemented by the Trump administration. Secretary Mayorkas commented: The 2019 public charge rule was not in keeping with our nation’s values. It penalized those who access health […]

Designation of Venezuela for TPS and Implementation of DED Venezuela

March 8, 2021|Contributed by: Joseph & Hall P.C.

The Department of Homeland Security today published a Federal Register notice (FRN) announcing the designation of Venezuela for Temporary Protected Status (TPS) for 18 months, effective March 9, 2021, through Sept. 9, 2022. The FRN details the eligibility criteria Venezuelan nationals (and individuals without nationality who last habitually resided in Venezuela) must meet and describes procedures necessary to submit […]

NIE Changes In Schengen Countries

March 8, 2021|Contributed by: Joseph & Hall P.C.

On March 2, 2021, the Secretary of State rescinded the previous national interest determination and issued a new determination regarding categories of travelers eligible for a National Interest Exception (NIE) under Presidential Proclamation 10143, as related to the Schengen Area*, United Kingdom, and Ireland. The Proclamation restricts the entry of certain noncitizens who have been […]

DHS Scraps Longer Citizenship Test

February 25, 2021|Contributed by: Luke Niermann

USCIS announced on February 22, 2021, that it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021. The 2020 version of the civics test was short lived. Developed under the Trump Administration, USCIS implemented the revised civics test for those who filed their naturalization applications after December 1, 2020. […]

H-1B FY 2022 Registration Set to Open March 9

February 24, 2021|Contributed by: Zachary New

After the announcement of several rules that would drastically change the H-1B lottery process, and their subsequent postponements, USCIS has announced that the initial registration period for cap-subject H-1Bs is set to open on March 9, 2021 and will run through March 25, 2021.  During that time, prospective employers are able to register prospective H-1B […]

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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