Posts by: David Tuteur

A federal district judge in Seattle has ordered the Defense Department to stop discriminating against naturalized citizens who volunteered to serve in the U.S. Army under the Military Accessions Vital to the National Interest (MAVNI) program. The MAVNI program was created in 2009 to attract immigrants with specialized skills such as critical foreign language […]

Continue Reading

On January 22, 2019, the Washington Post and Politico reported that the Supreme Court is unlikely to review the U.S. Court of Appeals for the 9th Circuit’s decision on Deferred Action for Childhood Arrivals (DACA) this term.  The 9th Circuit blocked the Trump administration from ending DACA, and SCOTUS’ decision not to intervene this term […]

Continue Reading

On November 30, 2018 the Department of Homeland Security (DHS) announced a proposal to amend the regulations regarding the allocation process for H-1B cap-subject petitions. Under the proposed rule, all U.S. employers seeking to file H-1B cap-subject petitions would need to first electronically register with U.S. Citizenship & Immigration Services (USCIS) during a designated […]

Continue Reading

On November 9, 2018 President Trump issued a presidential proclamation that, in conjunction with a joint interim final rule issued by the Department of Homeland Security and the Department of Justice, bars individuals from seeking asylum who enter outside of designated ports of entry at the U.S. – Mexico border. Under this “asylum […]

Continue Reading

The United States Citizenship & Immigration Service (USCIS) recently issued a reminder to F-1 students with pending H-1B petitions that work authorization for those students in “cap-gap” status is valid only through September 30, 2018. Any student in cap-gap status with an H-1B petition that remains pending on October 1, 2018 should not work […]

Continue Reading

On August 9, 2018, USCIS issued a new policy memorandum revising the determination as to when individuals who enter the United States on certain nonimmigrant visas (F, J, and M) begin to accrue “unlawful presence.”

Generally, academic students (F), exchange visitors (J), and vocational students (M) are admitted to the U.S. for the “duration […]

Continue Reading

In an official Policy Memorandum issued on Friday, USCIS announced that the agency will be changing its longstanding policy on issuing denials without first requesting additional evidence to demonstrate eligibility for the immigration benefit being sought.

Since 2013, USCIS has instructed its adjudicators to issue a Request for Evidence (RFE) or a Notice of […]

Continue Reading

Immigrants seeking admission to the U.S.  will now face new challenges, as the Trump administration has proposed new guidelines in determining whether a visa applicant is likely to become a “public charge.”  Under current guidance from U.S. Citizenship and Immigration Services (USCIS) and the Department of State, a public charge refers to a person who […]

Continue Reading

The use of administrative closure has come to a halt after the decision rendered by Attorney General Jefferson Sessions in the Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018), which holds that, in most cases, immigration judges do not have the authority to indefinitely suspend immigration proceedings by administrative closure.

In the past, […]

Continue Reading

A judge for the Federal District of D.C. ruled Tuesday that the administration improperly terminated the DACA program, and the Department of Homeland Security must therefore accept new DACA applications. Under previous court orders, DHS was only required to accept DACA renewal applications, leaving out those who were eligible but had never received DACA.

[…]

Continue Reading

Hot Topics

USCIS Clarifies New Interview Requirement for Employment-Based Adjustment of Status

During a recent stakeholder call with USCIS, Associate Director of Field Operations Directorate, Dan Renaud, discussed the new interview requirement for employment-based adjustment of status applicants. Although it is not official agency guidance, a summary of the stakeholder call compiled by the American Immigration Lawyers Association (AILA) … read more

Immigration Blog

FEDERAL JUDGE ORDERS DOD TO STOP DISCRIMINATING AGAINST NATURALIZED CITIZEN SOLDIERS

A federal district judge in Seattle has ordered the Defense Department to stop discriminating agains[...]

SUPREME COURT NOT LIKELY TO REVIEW DACA THIS TERM

On January 22, 2019, the Washington Post and Politico reported that the Supreme Court is unlikely to[...]

Request a Consultation

Name *

Phone Number *

Email *

captcha