Thursday, June 18, 2020
Wednesday, June 17, 2020
Tuesday, June 16, 2020
Supreme Court turns aside Justice Department, won't hear California sanctuary cities case
(The state law in question bars police from notifying the feds when immigrants are being released after serving time for local crimes.)
Monday, June 15, 2020
EOIR Update
The Honolulu Immigration Court will resume hearings in non-detained cases on Monday, June 15, 2020. The Boston, Buffalo, Dallas, Hartford, Las Vegas, Memphis, and New Orleans Immigration Courts will resume hearings in non-detained cases on Monday, June 29, 2020. Hearings in non-detained cases at all other immigration courts are postponed through, and including, Friday June 26, 2020.
Saturday, June 13, 2020
Friday, June 12, 2020
Thursday, June 11, 2020
Wednesday, June 10, 2020
Tuesday, June 9, 2020
Monday, June 8, 2020
Saturday, June 6, 2020
DS-160/DS-260 Asking for Voluntary Disclosure of OTHER Social Media
Therefore, by responding “No” to what appears to be an optional request to share information, visa applicants end up affirmatively asserting that they have not used additional social media platforms.
BIA SSN Case:
Respondent sustained a federal conviction for "misuse of a social security number" in violation of 42 USC Sec. 408(a)(7)(B)...On de novo review, and absent contrary circuit law, we conclude that 42 USC Sec. 408(a)(7)(B) does not define a CIMT under the categorical approach because the minimum conduct that has a realistic probability of being prosecuted under the statute-i.e., using a fictitious social security number to get a job and support one's family, id at 828- is not "reprehensible" enough to warrant CIMT treatment, as indicated by the court in Arias. Arias v. Lynch, 834 F.3d at 826-827. Matter of Silva-Trevino, 26 I&N Dec. 826, 834 (BIA 2016)...Moreover, to the extent Marin-Rodriguez v. Holder, 710 F3d 734 (7th Cir. 2013), can be read to support a contrary result, we are bound by the law of the case principles to follow the Arias court's determination that Marin-Rodriguez in inapposite. See 834 F.3d 830.
https://www.scribd.com/document/452083387/M-E-A-AXXX-XXX-871-BIA-Feb-10-2020?secret_password=nwIjFxuPfHcSp8QEGWWA&utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily
h/t to @lisa koop
Thursday, June 4, 2020
Tuesday, June 2, 2020
Monday, June 1, 2020
Foreigners with criminal convictions who fear they will be tortured if they are deported can challenge denials of their requests to stay in the U.S. in federal courts, the U.S. Supreme Court held Monday.
Foreigners with criminal convictions who fear they will be tortured if they are deported can challenge denials of their requests to stay in the U.S. in federal courts, the U.S. Supreme Court held Monday.
Read more at: https://www.law360.com/immigration/articles/1260979/breaking-high-court-allows-circuit-court-review-in-deportation-cases?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration?copied=1
Read more at: https://www.law360.com/immigration/articles/1260979/breaking-high-court-allows-circuit-court-review-in-deportation-cases?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration?copied=1
Saturday, May 30, 2020
Friday, May 29, 2020
Thursday, May 28, 2020
Wednesday, May 27, 2020
Sunday, May 24, 2020
Saturday, May 23, 2020
Friday, May 22, 2020
Thursday, May 21, 2020
Tuesday, May 19, 2020
USCIS Accepts Refiling of Rejected Forms I-140 with E-certification or Electronically Reproduced Signatures
From USCIS:
| On March 20, 2020, U.S. Citizenship and Immigration Services announced it would accept electronically reproduced signatures in benefit requests during the coronavirus (COVID-19) national emergency. Similarly, on March 24, 2020, the Department of Labor (DOL) Office of Foreign Labor Certification (OFLC) announced that ETA Forms 9089, Application for Permanent Employment Certification (ETA 9089), will be issued electronically to employers and their authorized attorneys or agents. USCIS inadvertently rejected some Forms I-140, Immigrant Petition for Alien Workers, that included these e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures. USCIS asks affected petitioners to resubmit their Form I-140 with the blue ETA Form 9089s or e-certified ETA-9089s with either wet original signatures and/or scanned copies of the original signatures as well as a copy of the rejection notice. In the event the petitioner’s inadvertently rejected ETA-9089 expired between March 20 and May 18, 2020, USCIS will accept the re-filed Form I-140 petition along with the inadvertently rejected, expired ETA-9089 during the national emergency. For More Information USCIS will provide further updates as the situation develops and will continue to follow the Centers for Disease Control and Prevention’s guidance. Please visit uscis.gov/coronavirus for the latest facts and other USCIS updates. Kind regards, Public Engagement Division U.S. Citizenship and Immigration Services |
Sunday, May 17, 2020
Friday, May 15, 2020
Monday, May 11, 2020
Wednesday, May 6, 2020
NVC Correspondence Update
https://travel.state.gov/content/travel/en/News/visas-news/nvc-correspondence-update.html
On June 1, 2020, National Visa Center will no longer accept or respond to inquiries through mail. National Visa Center has modernized the way we pre-process visa applications. This has allowed NVC to streamline services to case parties and to U.S. Embassies and Consulates. Elimination of paper correspondence is the next step in this modernization. This change will further help us streamline and provide better services for all involved. Thank you for your understanding.
Any unsolicited mail post-marked June 1, 2020 or later will not receive a response and will be destroyed. You will need to submit all your inquires through the Public Inquiry Form at https://nvc.state.gov/inquiry.
You should only send mail to National Visa Center if explicitly instructed to through an email, telephone call, or letter from National Visa Center. In most cases, this request for documentation will be for a case that is not processing electronically. If necessary for your case, NVC will provide you with a mailing address. Never send original documents to the National Visa Center.
Tips for interacting with NVC:
Any unsolicited mail post-marked June 1, 2020 or later will not receive a response and will be destroyed. You will need to submit all your inquires through the Public Inquiry Form at https://nvc.state.gov/inquiry.
You should only send mail to National Visa Center if explicitly instructed to through an email, telephone call, or letter from National Visa Center. In most cases, this request for documentation will be for a case that is not processing electronically. If necessary for your case, NVC will provide you with a mailing address. Never send original documents to the National Visa Center.
Tips for interacting with NVC:
- Visit https://nvc.state.gov for detailed instructions on processing your case and a variety of FAQs
- Use the Public Inquiry Form at https://nvc.state.gov/inquiry if you cannot find the answer to your question at: https://nvc.state.gov or https://ceac.state.gov.
- Do not submit repeat inquiries. Multiple inquires on a single topic will delay our ability to respond. Visit https://nvc.state.gov/timeframes to check our processing dates. Do not submit a follow-up inquiry while your case is within those timeframes.
Tuesday, May 5, 2020
1918 Spanish flu pandemic was linked to the rise of the Nazi party:
The report said the findings are likely the result of 'changes in societal preferences' and a 'resentment of foreigners among the survivors'
#immigration
https://www.dailymail.co.uk/news/article-8289801/1918-Spanish-flu-pandemic-linked-rise-Nazi-party-federal-paper-reveals.html
BIA: Rescinds in absentia order due in ineffective assistance where prior attorney failed to enter courtroom and alert the IJ that the respondent was stuck in traffic
DHS attorneys may not leave prior to issuance of oral decision unless they are excused by the IJ for good cause.
Oracio Lopez Velasquez, A209 881 127 (BIA Dec. 23, 2019) https://www.scribd.com/document/443777156/Oracio-Lopez-Velasquez-A209-881-127-BIA-Dec-23-2019?secret_password=9c6aAW2K223sPV9t3Kg0&utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily
Saturday, May 2, 2020
Friday, May 1, 2020
Tuesday, April 28, 2020
DV-2021 Entrant Status Check Announcement
The Department of State is postponing the opening of the Entrant Status Check for the DV-2021 applicants from May 5 to June 6, 2020. The Department’s resources are currently being used in our role in responding to the COVID-19 pandemic and are prioritized for the assistance to U.S. citizens overseas. The delayed opening will not negatively impact our ability to pre-process and schedule DV-2021 interviews, which are scheduled to begin on October 1, 2020. The Department takes seriously our role in administering the Diversity Visa Program in accordance with all laws and regulations.
https://travel.state.gov/content/travel/en/News/visas-news/dv2021-entrant-status-check-announcement.html
https://travel.state.gov/content/travel/en/News/visas-news/dv2021-entrant-status-check-announcement.html
Friday, April 24, 2020
Thursday, April 23, 2020
BREAKING: Justices Side Against Immigrant Seeking To Cancel Removal
In a split decision Thursday, the U.S. Supreme Court broadened the types of offenses that make an immigrant ineligible to have a deportation order cancelled, holding that those offenses don't have to be the same as the underlying grounds for removal.
Read more at: https://www.law360.com/immigration/articles/1266695/breaking-justices-side-against-immigrant-seeking-to-cancel-removal?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration?copied=1
Read more at: https://www.law360.com/immigration/articles/1266695/breaking-justices-side-against-immigrant-seeking-to-cancel-removal?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration?copied=1
Tuesday, April 21, 2020
Friday, April 17, 2020
Tuesday, April 14, 2020
Monday, April 13, 2020
USCIS Announces Delay in Data Entry and Receipt Notice Generation for FY 2021 H-1B Cap-Subject Petitions Due to the Coronavirus Pandemic
U.S. Citizenship and Immigration Services today announced that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020, due to the impacts of the coronavirus (COVID-19).
Beginning with the first day of filing, April 1, 2020, we will not immediately enter data for FY 2021 cap-subject petitions due to the COVID-19 pandemic and required health and safety protocols. Data entry and notice generation will be delayed until at least May 1, 2020.
Once USCIS begins data entry, we will complete intake processing in the order in which we received petitions at the service centers. Petitions will be stamped received on the date they arrive at the service center. Petitions, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center.
Due to delayed data entry and notice generation, there will be a general delay in processing FY 2021 cap-subject petitions. We are mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible.
The specified filing window on the registration selection notices will not be changed. A petitioner who has a valid selected registration notice must file their H-1B cap-subject petition for the beneficiary named in the selected registration notice during the filing window indicated in their selection notice, or USCIS will reject or deny the petition.
We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice.
Additionally, we may transfer some Form I-129 H-1B cap-subject petitions for adjudication between the Vermont Service Center, California Service Center, Nebraska Service Center and Texas Service Center to balance the workload and enhance efficiencies. However, petitioners should still file their FY 2021 H-1B cap-subject petitions at the service center named in their selection notice. If we transfer your case, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.
For more information, visit the H-1B Electronic Registration Process page. To access all of our online tools and resources, please visit our Tools page.
For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis) and Instagram (@USCIS).
Beginning with the first day of filing, April 1, 2020, we will not immediately enter data for FY 2021 cap-subject petitions due to the COVID-19 pandemic and required health and safety protocols. Data entry and notice generation will be delayed until at least May 1, 2020.
Once USCIS begins data entry, we will complete intake processing in the order in which we received petitions at the service centers. Petitions will be stamped received on the date they arrive at the service center. Petitions, if otherwise properly filed, will retain the receipt date that corresponds with the date the petition is received at the service center.
Due to delayed data entry and notice generation, there will be a general delay in processing FY 2021 cap-subject petitions. We are mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible.
The specified filing window on the registration selection notices will not be changed. A petitioner who has a valid selected registration notice must file their H-1B cap-subject petition for the beneficiary named in the selected registration notice during the filing window indicated in their selection notice, or USCIS will reject or deny the petition.
We ask petitioners to wait to inquire about the status of their cap-subject petitions until they receive a receipt notice.
Additionally, we may transfer some Form I-129 H-1B cap-subject petitions for adjudication between the Vermont Service Center, California Service Center, Nebraska Service Center and Texas Service Center to balance the workload and enhance efficiencies. However, petitioners should still file their FY 2021 H-1B cap-subject petitions at the service center named in their selection notice. If we transfer your case, you will receive notification in the mail. After receiving the notification, please send all future correspondence to the center processing your petition.
For more information, visit the H-1B Electronic Registration Process page. To access all of our online tools and resources, please visit our Tools page.
For more information on USCIS and our programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook (/uscis) and Instagram (@USCIS).
Saturday, April 11, 2020
Friday, April 10, 2020
BIA: firm resettlement decision
"For purposes of determining whether an alien is subject to the firm resettlement bar to asylum, a viable and available offer to apply for permanent residence in a country of refuge is not negated by the alien’s unwillingness or reluctance to satisfy the terms for acceptance."
https://www.justice.gov/eoir/page/file/1267846/download
https://www.justice.gov/eoir/page/file/1267846/download
Thursday, April 9, 2020
DOS: Update on Visas for Medical Professionals
Last Updated: April 8, 2020
Despite the worldwide suspension of routine visa services, U.S. embassies and consulates will continue to provide emergency and mission critical visa services to the extent possible, given resource constraints and local government restrictions. Medical professionals with an approved U.S. non-immigrant or immigrant visa petition (I-129 or I-140 with a current priority date, or similar) or a certificate of eligibility in an approved exchange visitor program (DS-2019), particularly those working to treat or mitigate the effects of COVID-19, should review the website of their nearest U.S. embassy or consulate for procedures to request an emergency visa appointment. Local government restrictions may limit the ability of some embassies/consulates to process emergency visas at this time. Applicants' travel may also be subject to local laws, regulations, and travel restrictions.
For those foreign medical professionals already in the United States:
J-1 Alien Physicians (medical residents) may consult with their program sponsor, ECFMG, to extend their programs in the United States. Generally, a J-1 program for a foreign medical resident can be extended one year at a time for up to seven years.
Note that the expiration date on a U.S. visa does not determine how long one can be in the United States. The way to confirm one’s required departure date is here: https://i94.cbp.dhs.gov/I94/#/home.
Those who need to extend their stay or adjust their visa status must apply with USCIS. Their website is here: https://www.uscis.gov/visit-united-states/extend-your-stay
https://travel.state.gov/content/travel/en/News/visas-news/update-on-h-and-j-visas-for-medical-professionals.html
Wednesday, April 8, 2020
Tuesday, April 7, 2020
Decline in ICE Detainees with Criminal Records Could Shape Agency's Response to COVID-19 Pandemic
The latest available data indicate that most civil immigrant detainees held by Immigration and Customs Enforcement (ICE) do not have a single criminal conviction. In March 2020, in fact, more than six out of ten (61.2%) had no conviction, not even for a minor petty offense. The latest detailed case-by-case records obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University also reveal that even among immigrant detainees who have a conviction, few of these convictions are for what ICE labels as serious crimes where individuals are thought to pose a threat to public safety. Just one in ten (10.7%) detainees, less than 6,000 detainees nationwide, have a serious criminal conviction on record as of July 2019-a five-year low. TRAC also found that the proportion of detainees with criminal records varies widely across ICE's nationwide network of detention facilities.
https://trac.syr.edu/immigration/reports/601/?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily
https://trac.syr.edu/immigration/reports/601/?utm_source=Recent%20Postings%20Alert&utm_medium=Email&utm_campaign=RP%20Daily
Monday, April 6, 2020
Saturday, April 4, 2020
Friday, April 3, 2020
Thursday, April 2, 2020
Wednesday, April 1, 2020
Joint DHS/EOIR Statement on MPP Rescheduling
Due to continued circumstances related to COVID-19 and newly-issued guidance from the Centers for Disease Control and Prevention, the Departments of Justice and Homeland Security have determined to extend the temporary postponement of Migrant Protection Protocols (MPP) hearings scheduled through Friday, May 1, 2020. All presently scheduled hearings will be rescheduled. The Departments will continually review conditions related to COVID-19 and will make further determinations as necessary in order to ensure that all MPP hearings can proceed as expeditiously as possible when appropriate.
Any individual with an MPP hearing date through Friday, May 1, 2020 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates.
Tuesday, March 31, 2020
Monthly Motivational/Informational (April 2020) w/ Nicholas Mireles, Esq.
Monday, March 30, 2020
Sunday, March 29, 2020
Saturday, March 28, 2020
Episode 127 - Interview w/ Business & Civil Rights Immigration Attorney Amy Maldonado
ImmigrationLawyersToolbox.com Not legal advice. Consult with an Attorney. Audio Podcast Download: http://immigrationlawyerspodcast.libsyn.com/episode-127-interview-w-business-civil-rights-immigration-attorney-amy-maldonado Email: Amy@amaldonadoLaw.com Twitter: @AmyMaldonadoLaw Website: amaldonadolaw.com
Friday, March 27, 2020
Trump planning to deploy troops to Canada border, prompting backlash from Trudeau
https://www.independent.co.uk/news/world/americas/trump-canada-trudeau-military-army-troops-nothern-border-a9429086.html
Thursday, March 26, 2020
Wednesday, March 25, 2020
Tuesday, March 24, 2020
Joint DHS/EOIR Statement on MPP Rescheduling
Due to circumstances resulting from COVID-19, all Migrant Protection Protocol (MPP) master calendar and merit hearings presently scheduled through April 22 will be rescheduled. Neither the MPP program nor any hearings will be cancelled.
Any individual with an MPP hearing date through April 22 should present themselves at their designated port of entry on their previously scheduled date to receive a tear sheet and hearing notice containing their new hearing dates. DHS and EOIR are deeply committed to ensuring that individuals ‘have their day in court’ while also ensuring the health and safety of aliens, our frontline officers, immigration court professionals, and our citizens.
Monday, March 23, 2020
Sunday, March 22, 2020
Saturday, March 21, 2020
Friday, March 20, 2020
Thursday, March 19, 2020
Rasmussen Reports Weekly Immigration Index
59% who think legal immigrants should only be allowed to bring their spouse and minor children with them. Thirty percent (30%) favor allowing these immigrants to eventually bring in other adult relatives in a process than can include extended family and their spouses’ families which has been U.S. immigration policy for years. Twelve percent (12%) are undecided.
38% of Likely U.S. Voters feel the government is doing too little to reduce illegal border crossings and visitor overstays. Thirty-two percent (32%) say it is doing too much. Twenty-one percent (21%) rate the level of action as about right.
LPR Stats:
Approximately 1,031,000 foreign nationals obtained lawful permanent resident (LPR) status in Fiscal Year (FY) 2019 1,031,000 foreign nationals obtained lawful permanent resident (LPR) status in Fiscal Year (FY) 2019 (see Table 1A below). Of these admissions, 572,000 adjusted status from within the United States, and 459,000 entered as new arrivals. Compared to FY 2018, total FY 2019 admissions decreased by 6 percent, new arrivals decreased by 13 percent, and adjustments of status increased by 0.8 percent.
Countries of Origin
In FY 2019, 39 percent of new LPRs were from six top countries of nationality: Mexico, the People’s Republic of China (China), India, the Dominican Republic, the Philippines, and Cuba (see Table 1A below). In FY 2018, the top six countries (Mexico, Cuba, China, India, the Dominican Republic, and the Philippines) represented 42 percent of new LPRs.
Classes and Modes of Admission
In FY 2019, 49 percent of new LPRs obtained status as immediate relatives of U.S. citizens, followed by an additional 20 percent who obtained status under a family-sponsored preference category (see Table 1B below). Employment-based preferences and refugees were the third and fourth largest classes of admission, accounting for 14 and 7.9 percent of new LPRs, respectively. In FY 2018, these four categories represented 44 percent, 20 percent, 13 percent, and 14 percent of new LPRs, respectively.
Tuesday, March 17, 2020
2020-03-17 COVID and USCIS interviews/appointments
RE: ASC Walk-ins: "Due to heavy case volumes, USCIS will not be able to accommodate walk-in visitors or unscheduled appointments."
Rescheduling Field v. Asylum Office Appointments:
Field Office: "If you do not wish to attend your interview at this time, or if you have any other COVID-19-related conflicts with your interview, you do not need to contact USCIS. USCIS will automatically reschedule your interview should you not appear. You will receive a notice for your rescheduled ceremony by mail."
Asylum Office: "If you do not wish to attend your interview at this time, or if you have any other COVID-19-related conflicts with your interview, you must contact the Asylum Office where your asylum interview is scheduled to occur and request to reschedule your interview."
https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19
Monday, March 16, 2020
1st Cir. Dist. Ct (Mass.) says TPS is Admission for AOS
H/t to Dan Kowalski
https://www.linkedin.com/feed/update/urn:li:activity:6645505217934823424
https://www.linkedin.com/feed/update/urn:li:activity:6645505217934823424
Sunday, March 15, 2020
Episode 125 - Interview w/ Former Consular & Asylum Officer Brian Manning, Esq.
ImmigrationLawyersToolbox.com Consult with an attorney. Not Legal Advice. Podcast Home Page: ImmigrationLawyersPodcast.com Guest: Email Address: Brian@ManningAsylumLaw.com Website: www.ManningAsylumLaw.com Twitter: https://twitter.com/brian_s_manning?lang=en Podcast Links: Itunes: https://podcasts.apple.com/us/podcast/immigrationlawyerspodcasts/id1111797806 RSS Feed: http://immigrationlawyerspodcast.libsyn.com/rss Sticher: https://www.stitcher.com/podcast/the-immigration-lawyers-podcast?refid=stpr Share this Youtube: https://youtu.be/xt6SmgUyjBU
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