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.
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Our firm has recently received reports of individuals with pending One-Step Adjustment of Status applications receiving phone calls from someone claiming to be from the Denver Sheriff’s Office. The person on the phone is reported to allege that the individual missed an immigration-related court date and must report to the sheriff’s office.
If you receive any calls […]Continue Reading →
USCIS announced on Saturday that it will resume accepting DACA renewal applications. The announcement comes in response to an injunction issued last week by a federal district court in San Francisco, which ordered DHS to continue accepting renewal applications while a lawsuit against the decision to end DACA moves forward. Because the injunction is […]Continue Reading →
The Department of Homeland Security announced on Monday that it is ending the Temporary Protected Status (TPS) designation for over 200,000 Salvadorans who have lived and worked lawfully in the US for the past 17 years. The termination of TPS, however, will be delayed until September 9, 2019, in order allow individuals time to […]Continue Reading →