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Immigration Blog

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USCIS to TPS-Holders Seeking Adjustment: ‘Inspected and Admitted’ doesn’t mean ‘Inspected and Admitted’

September 1, 2020|Contributed by: Aaron C. Hall, Esq.

United States Citizenship and Immigration Services (USCIS) announced that going forward, people with Temporary Protected Status (TPS) who travel abroad and re-enter with advance parole will not be deemed to have been inspected and admitted or paroled into the United States for purposes of adjustment of status applications.  For people who originally entered the United […]

What’s the Latest on the New Public Charge Rules Stateside and Abroad?

August 27, 2020|Contributed by: Jennifer Howard

What is the current status of the new public charge rules? @ S. Citizenship and Immigration Services (stateside): Under a July 29, 2020 court ruling in New York, the U.S. Department of Homeland Security (DHS) cannot “enforce, apply, implement, or treat as effective” its new public charge rule “for any period during which there is […]

USCIS Cancels Furloughs for Now but Expect Even Longer Wait Times

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

After weeks of threatening to furlough 70% of its staff at the end of August unless it received a $1.2 billion Congressional bailout, USCIS announced yesterday that the agency is funded through fiscal year 2020. Despite this, applicants should continue to expect long wait times and delays in the adjudication of all applications filed with […]

USCIS Defies U.S. Supreme Court Decision Re-instating DACA

August 26, 2020|Contributed by: Shana D. Velez

On August 21, 2020, USCIS issued guidance to its officers to reject all initial DACA applications until USCIS decides to begin accepting applications in the future, accept DACA renewal requests but reject those that are filed more than 150 days prior to expiration of their current DACA status, and grant deferred action for only one […]

USCIS Conducts Second H-1B Lottery

August 26, 2020|Contributed by: Zachary New

In March of this year, employers signed up prospective employees for the H-1B “lottery,” wherein nearly 275,000 individuals were registered to compete for a coveted 85,000 visas.  The initial selection was completed at the end of March, and the opportunity to apply for an H-1B was awarded to 85,000 individuals.  Subsequently, employers began filing their […]

New Proposed Rule to Expand Power of Board of Immigration Appeals

August 25, 2020|Contributed by: Aaron C. Hall, Esq.

The Department of Justice (DOJ) issued a notice of proposed rulemaking which will dramatically alter the role of the Board of Immigration Appeals (BIA) in removal proceedings. Provisions of the proposed rule include: Codification of the Trump Administration’s elimination of administrative closure in removal proceedings from Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) […]

DACA Update: USCIS Refuses to Accept Initial Applications, Limits Advance Parole Requests, and Shortens Renewals from Two Years to One Year

August 4, 2020|Contributed by: Jennifer Howard

On June 18, 2020, the U.S. Supreme Court decided that the Trump administration’s 2017 attempt to terminate the Deferred Action for Childhood Arrivals (DACA) program was legally improper because the government agency failed to provide a reasoned explanation for its action. As explained in a previous post, the Court’s decision left the door open for […]

Status of Current Challenges to Presidential Proclamations

August 4, 2020|Contributed by: Zachary New

On April 22, 2020 and June 22, 2020 President Trump signed two Presidential Proclamations suspending the entry of certain immigrants, those applying for permanent residence, and nonimmigrants, those coming to the United States temporarily for work.  These Proclamations have had massive impacts on the lives of, quite literally, hundreds of thousands of individuals, and as […]

USCIS Filing Fees Set to Increase

August 3, 2020|Contributed by: Aaron C. Hall, Esq.

The Department of Homeland Security (DHS) announced a final rule that will change the filing fees for immigration applications to USCIS. For the first time, the agency will require a filing fee ($50) for those applying for asylum. Some notable changes for other forms include: I-90 Application to Replace Permanent Resident Card Current Fee: $455 […]

Recent Tenth Circuit Decisions Could Significantly Alter Eligibility for Ten-Year Cancellation of Removal

July 30, 2020|Contributed by: Aaron C. Hall, Esq.

Ten-year Cancellation of Removal is a form of immigration relief available to someone who is undocumented and meets certain eligibility requirements including having accrued 10 years’ continuous physical presence in the United States.[1] In cases where the individual was served with a Notice to Appear (NTA) that is not-deficient (meaning, it contained information identifying an actual […]

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.

VIEW CASE

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.

VIEW CASE

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