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ALERT: DACA Restored by Court Order: Initial Applications and Advance Parole Being Accepted

December 11, 2020|Contributed by: Joseph & Hall P.C.

Uncertain how long order will be in effect: Immediate Action May Be Advisable On December 4, 2020, the United States District Court for the Eastern District of New York ordered the government to restore the Deferred Action for Childhood Arrivals (DACA) program[1] in full. USCIS was directed to publish information on its website by December […]

DHS Proposes Biometrics Expansion Rule

November 17, 2020|Contributed by: Luke Niermann

On September 11, 2020, the Department of Homeland Security published a proposed regulation that would greatly expand the collection and use of biometric data in the administration and enforcement of immigration laws. If implemented as proposed, this new rule would have a significant impact on any individual interacting with the immigration system. The rule would, […]

President-Elect Biden’s Immigration Wish List

November 16, 2020|Contributed by: Zachary New

After a hectic beginning of November, official sources have called the Presidential Election in favor of Joe Biden.  With this change in administration, we can expect some fairly drastic changes to the immigration system, and thankfully the Biden-Harris has compiled a twenty-page wish list of immigration changes their administration will pursue.  Notably, much of the […]

Chad Wolf had no Authority to Issue New DACA Rules, Initial DACA Applications May Again be Possible

November 16, 2020|Contributed by: Aaron C. Hall, Esq.

In July 2020, in the wake of the Supreme Court’s ruling that the Trump Administration’s previous attempt to undo the DACA program was unlawful, Acting DHS Secretary Chad Wolf issued a memo barring new DACA applicants, limiting renewals to one year instead of two, and precluding DACA grantees from getting permission to travel internationally except […]

New Department of Labor Rules Set to Undercut Legal Immigration

October 27, 2020|Contributed by: Zachary New

We don’t often think about the Department of Labor as being a part of the immigration bureaucracy, but it takes just one sweeping change to remind us of the massive impact the agency has on legal immigration. On October 8, 2020, with no notice given, the Department of Labor issued an Interim Final Rule, effective […]

Denver Immigration Court Up and Running with Limited Hearings

October 26, 2020|Contributed by: Aaron C. Hall, Esq.

After months of closure due to the COVID-19 pandemic, the Denver Immigration Court began holding hearings on its non-detained docket on September 14, 2020. For now, the court is only holding individual (final) hearings, not master calendar (preliminary) hearings.  Many of the people who had hearings cancelled during the COVID-19 shutdown have yet to receive […]

USCIS to Begin Requiring Public Charge Form Again, Beginning October 13

September 24, 2020|Contributed by: Jennifer Howard

On September 11, 2020, the U.S. Court of Appeals for the Second Circuit issued a decision allowing the U.S. Department of Homeland Security (DHS or “Department”) to resume implementing its new Public Charge Ground of Inadmissibility rule nationwide. The Department had previously been enjoined from enforcing, applying, implementing, or treating as effective the rule during […]

Trump Creates Even More Barriers to Asylum-Seekers

September 23, 2020|Contributed by: Shana D. Velez

Beginning today, September 23, 2020, asylum seekers are not allowed to bring their own interpreters if they speak one of 47 languages specified in the regulation.  Those languages include: Akan, Albanian, Amharic, Arabic, Armenian, Azerbaijani, Bengali, Burmese, Cantonese, Creole/Haitian Creole, Farsi-Afghani/Dari, Farsi-Iranian, Foo Chow/Fuzhou, French, Georgian, Gujarati, Hindi, Hmong, Hungarian, Indonesia/Bahasa, Konjobal, Korean, Kurdish, Lingala, […]

Celebrating the End of Citizenship Week 2020

September 22, 2020|Contributed by: Zachary New

September 17th was this year’s annual “Citizenship Day,” when we celebrate the day on which our Founding Fathers signed the Constitution on September 17, 1787, and a day to recognize and celebrate those seeking to become U.S. citizens.  September 17-23 is also broadly recognized as “Citizenship Week,” when agencies, community organizers, attorneys, and future citizens […]

United States Citizens and Their Foreign Intended Spouses File Lawsuit Challenging the Department of State’s Refusal to Issue Fiancée Visas

September 17, 2020|Contributed by: Joseph & Hall P.C.

Today, over 150 United States Citizens and their foreign national intended spouses sued the Department of State for continued refusal to process K-1 fiancée visas. The K-1 visa allows foreign nationals to enter the U.S. and marry their petitioning fiancé(e). Although the I-129F petitions have been approved by the United States Citizenship & Immigration Services […]

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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