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Immigration Blog

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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 […]

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 […]

Visa Retrogression – Why has My Employment Based Visa Gotten Delayed?

August 27, 2019|Contributed by: Joseph & Hall P.C.

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 […]

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 […]

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 […]

EB-5 Immigrant Investor Program New Final Rule Published

July 29, 2019|Contributed by: Joseph & Hall P.C.

Congress created the EB-5 Program in 1990 to stimulate the U.S. economy through job creation and capital investment by foreign investors. In 1992, Congress created the Immigrant Investor Program, also known as the Regional Center Program. This sets aside EB-5 visas for participants who invest in commercial enterprises associated with regional centers approved by USCIS […]

Trump Administration Announces the Expansion of Expedited Removal

July 29, 2019|Contributed by: Joseph & Hall P.C.

On July 23, 2019, The Department of Homeland Security (“DHS”) announced that it has expanded the use of expedited removal. The changes are effective immediately and are wide-ranging. Expedited Removal (“ER”) is a way that the government deports (removes) people from the USA without a hearing in front of an immigration judge or review. In […]

Visa Processing Update!

June 27, 2019|Contributed by: Joseph & Hall P.C.

Whether applying for an immigrant (permanent) or nonimmigrant (temporary) visa, an applicant must follow all steps and provide all requested information in order to be processed.  Starting on May 31, 2019, the U.S. Department of State has added additional questions to the online processing forms. U.S. Department of State proposed the solicitation of social media […]

Reflection from AILA Annual Conference

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

Last week I had the chance to speak at the American Immigration Lawyers Association’s Annual Conference in Orlando on waivers of inadmissibility.  The conference is four days with wall-to-wall training sessions and opportunities to brainstorm, strategize, and commiserate with immigration lawyers from around the country.  It was, as always, both exhilarating and exhausting. One of […]

AG Barr’s Proposed Changes to Immigration Appeals Will Backfire

June 19, 2019|Contributed by: Joseph & Hall P.C.

Recently, Attorney General William Barr announced changes to the Board of Immigration Appeals (BIA) in a stated effort to reduce the huge backlog in immigration courts (approaching 1 million pending cases).  There are two main changes. First, it allows the BIA to issue decisions without explanation (called an AWO) in many more cases than it […]

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.

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