2018

Blog Posts in 2018

  • How the Trump Administration's Immigration Policy Harms U.S. Economy

    The Trump administration has implemented an immigration policy which has substantially decreased the amount of new visa and green card applications and hindered the renewal process for current recipients. The purpose of the president’s reform is to provide native-born Americans with more job opportunities and bolster the U.S. economy. However, there is evidence demonstrating how the current ...
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  • Texas Judge Says DACA Must Resume For Now

    At the end of August, a federal judge in Texas choose not to issue a preliminary injunction that would terminate DACA; however, he said the Obama-era program--that protects nearly 700,000 undocumented immigrants from deportation and allows them to work legally--will end in the future. Federal District Judge Andrew Hanen found that Texas and a coalition of other states failed to bring their case in ...
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  • USCIS Issues Stricter Guidance on RFEs and NOIDs

    On July 13, 2018, USCIS issued new policy guidelines for their adjudicators, conferring them the discretion to deny an application, petition, or request for immigration benefits without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID), in instances where the initial evidence is not submitted or if evidence in the record does not establish eligibility. The new policy ...
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  • USCIS Extends Suspension of Premium Processing for H-1B Petitions

    On August 28, 2018, USCIS announced that they will be extending the previously announced suspension of premium processing for H-1B quota petitions and that the suspension of premium processing will also be expanded to include other H-1B petitions. Importantly, the expanded temporary suspension will apply to ALL H-1B petitions filed at the Vermont and California Service Centers (except for those ...
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  • Immigration Judges Deny More Asylum Seekers

    According to a new study by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, the number of “credible fear of prosecution” asylum cases has significantly dropped this year. Researchers found that immigration judges found asylum seeks had provided enough evidence to claim they had a credible fear in 14.7 percent of cases heard since January, which is about half as often ...
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  • Updated Guidance regarding NTA Issuance (Implementation Pending)

    USCIS recently announced an update in its guidance regarding the issuance of Notices to Appear (NTAs), Form I-862. An NTA is a charging document that is issued to foreign nationals placing them in removal proceedings and directing them to appear before an Immigration Judge. The new USCIS Policy Memorandum entitled: Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) ...
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  • How to Choose the Right Immigration Attorney

    The U.S. immigration process can be highly complex and treacherous, especially in this current political climate. When you are navigating through the convoluted system, you will want an attorney that can best handle your case. A skilled immigration lawyer can make a substantial difference in your case. In fact, many people lose their cases simply because they didn’t have any legal representation, ...
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  • USCIS Proposes a New Denaturalization Taskforce

    Recently, USCIS announced the start of a new office which will focus on naturalized American citizens who are under suspicion of having used fraudulent means to obtain their citizenship and seek to denaturalize them. The cases targeted will be those of immigrants who were previously ordered deported or removed and are suspected of using false identities to later obtain lawful permanent residence ...
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  • Crimes that Can Result in Deportation

    According to U.S. immigration law, certain crimes in California can result in deportation if you are not a U.S. citizen. In fact, all immigrants--even green card holders--can be deported if they violate immigration laws. In general, immigrants can be deported if they are convicted of either a “crime of moral turpitude” or an “aggravated felony.” Furthermore, there are specific crimes that qualify ...
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  • Supreme Court Upholds Travel Ban 3.0

    On June 26, the U.S. Supreme Court upheld President Donald Trump’s travel ban, stating it is “squarely within” the president’s authority. The 5-4 ruling by the high court that “Travel Ban 3.0,” named for being the third iteration of Trump’s controversial immigration proposal, is constitutional. The president signed Proclamation No. 9645 on September 24, 2017, which indefinitely restricted most ...
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  • Sessions Imposes Stricter Requirements for Asylum Claims

    In a ruling that could have a significant impact on large numbers of Center Americans seeking asylum protection in the United States, General Attorney Jeff Sessions said immigration judges generally cannot consider domestic and gang violence as proper grounds for asylum claims. Sessions ruled in a Board of Immigration Appeals case involving a woman from El Salvador whose asylum status was upheld ...
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  • USCIS Proposes to End the International Entrepreneur Rule

    Last year, USCIS introduced the International Entrepreneur Rule (IER) under which the Department of Homeland Security may use its parole authority to grant a period of authorized stay to foreign entrepreneurs who can demonstrate that their stay in the United States would provide a significant public benefit through their start-up business. IER parole may be granted for up to three entrepreneurs ...
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  • USICS Completes Lottery for Temporary Increase in H-2B Visas for FY 2018

    The U.S. Citizenship and Immigration Services (USCIS) started receiving H-2B petitions on May 31, under the temporary rule which increased the cap on such visas by up to 15,000 additional visas through the end of FY 2018. The government agency received petitions for more beneficiaries compared to the number of H-2B visas available under the supplemental cap in the first five business days of ...
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  • TPS Beneficiaries from Nepal Must Re-Register Before July 23, 2018

    USCIS recently announced that current beneficiaries of Temporary Protected Status (TPS) for Nepal, who want to maintain their status through the termination date of June 24, 2019, must re-register for TPS between May 22, 2018 and July 23, 2018 . For eligible TPS beneficiaries from Nepal, you will be issued a new EAD with a June 24, 2019 expiration date if you timely re-register and apply for a new ...
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  • USCIS Announces the Launch of Freedom of Information Act (FOIA) Immigration Records System (FIRST)

    On May 30, 2018, USCIS announced that they are transitioning Freedom of Information Act (FOIA) requests entirely online. A FOIA Request may be made to obtain copies of your immigration file from US Citizenship and Immigration Services, Customs and Border Protection, Immigration and Customs Enforcement, and the Department of State. With the launch of this new system, requesters will eventually be ...
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