JQKLaw.com Blog: August 2017

Thursday, August 31, 2017

Texas Ban On 'Sanctuary Cities' Blocked By Fed. Judge

https://www.law360.com/immigration/articles/959455/texas-ban-on-sanctuary-cities-blocked-by-fed-judge?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Wednesday, August 30, 2017

Monday, August 28, 2017

USCIS to Expand In-Person Interview Requirements for Certain Permanent Residency Applicants

From USCIS:

WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will begin expanding in-person interviews for certain immigration benefit applicants whose benefit, if granted, would allow them to permanently reside in the United States. This change complies with Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” and is part of the agency’s comprehensive strategy to further improve the detection and prevention of fraud and further enhance the integrity of the immigration system.
Effective Oct. 1, USCIS will begin to phase-in interviews for the following:

Adjustment of status applications based on employment (Form I-485, Application to Register Permanent Residence or Adjust Status).
Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

Previously, applicants in these categories did not require an in-person interview with USCIS officers in order for their application for permanent residency to be adjudicated. Beyond these categories, USCIS is planning an incremental expansion of interviews to other benefit types.
“This change reflects the Administration’s commitment to upholding and strengthening the integrity of our nation’s immigration system,” said Acting USCIS Director James W. McCament. “USCIS and our federal partners are working collaboratively to develop more robust screening and vetting procedures for individuals seeking immigration benefits to reside in the United States.”
Conducting in-person interviews will provide USCIS officers with the opportunity to verify the information provided in an individual’s application, to discover new information that may be relevant to the adjudication process, and to determine the credibility of the individual seeking permanent residence in the United States. USCIS will meet the additional interview requirement through enhancements in training and technology as well as transitions in some aspects of case management.
Additionally, individuals can report allegations of immigration fraud or abuse by completing ICE’s HSI Tip Form.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Facebook(/uscis) and Instagram (@USCIS).

- USCIS -

New Legislation Increases Availability of Visas for CNMI Workers for Fiscal Year 2017

From USCIS:

Visas prohibited for most construction workers and employers must pay higher education fee for FY 2017 and future fiscal years

WASHINGTON – On Aug. 22, 2017, President Trump signed the Northern Mariana Islands Economic Expansion Act, H.R. 339, revising the visa classification for Commonwealth of the Northern Mariana Islands (CNMI) Transitional Workers. This visa classification, referred to as the CW-1 visa, allows employers within the CNMI to apply for permission to employ foreign (nonimmigrant) workers who are otherwise ineligible to work under other nonimmigrant worker categories.

The legislation added 350 CW-1 visas to the fiscal year (FY) 2017 CW-1 cap, raising the total number of visas that may be issued from 12,998 to 13,348. The additional 350 visas are immediately and exclusively available to current CW-1 workers who are applying to extend their status and whose petition validity period expires between August 23 and September 30, 2017.

Of these additional visas, 60 are reserved for “healthcare practitioners and technical occupations” and 10 are reserved for “plant and system operators” as those terms are defined in the U.S. Department of Labor’s Standard Occupational Classification (SOC) system. For filing information, please refer to The CNMI-Only Transitional Worker (CW-1) Cap page.

Effective immediately, CW-1 visas will generally no longer be available to workers performing jobs classified as “construction and extraction occupations” in the SOC system. CW-1 visas will be issued for construction and extraction occupations only if the worker has maintained continuous CW-1 status for the same employer since before October 1, 2015. This new limitation applies to CW petitions that are pending with USCIS as of August 22, 2017, as well as to any petitions filed in the future.

The mandatory CNMI education fee that all CW-1 employers must pay has increased from $150 to $200 for each CW-1 worker per year. USCIS will reject any petition received after August 22, 2017, that includes an incorrect or insufficient fee payment. This fee increase does NOT apply to CW petitions already filed and pending with USCIS.

For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), Instagram (/uscis), YouTube (/uscis), and Facebook(/uscis).

- USCIS -

USCIS Forms I-601 N-426 Update

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):

Update to Form I-601, Application for Waiver of Grounds of Inadmissibility

08/28/2017 12:00 AM EDT

New edition 08/21/17. Starting 10/27/2017, we will only accept the 08/21/17 edition. Until then, you can use the 12/23/16 edition.

Update to Form N-426, Request for Certification of Military or Naval Service

08/28/2017 12:00 AM EDT

New edition 07/25/17, Starting 10/27/2017, we will only accept the 07/25/17 edition. Until then, you can use the 08/04/15 edition.

For more information, please visit our Forms Updates page.

New USCIS H-1B Policy Memo

From USCIS:

The following Immigration Policy Memorandum is now available:

Definition of “Affiliate” or “Subsidiary” for Purposes of Determining the H-1B American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) Fee PM-602-0147 (PDF)

For more immigration and policy information, visit the Policy Memoranda section of on the USCIS website.

Saturday, August 26, 2017

Trump pardons former Arizona sheriff Joe Arpaio

https://www.washingtonpost.com/amphtml/news/post-politics/wp/2017/08/25/trump-has-pardoned-former-arizona-sheriff-joe-arpaio-whose-hardline-views-on-immigration-have-allied-him-with-the-president/

'System error' causes USCIS to send citizenship applicants to the wrong city

http://www.ktuu.com/content/news/Systems-error-causes-USCIS-to-send-citizenship-applicants-to-the-wrong-city-441791303.html

Trump: Interviews for EB Green Cards

http://www.politico.com/story/2017/08/25/trump-administration-green-card-hurdle-242050

Trump is likely to rescind Obama's 'Dreamer' program as early as NEXT WEEK

http://www.dailymail.co.uk/news/article-4824524/Trump-likely-rescind-Obama-Dreamer-program-media-reports.html

Judge Tosses Suit Accusing USCIS Of Slowing Applications

https://www.law360.com/articles/957491/judge-tosses-suit-accusing-uscis-of-slowing-applications

Trump Admin Effect on Waivers and "Extreme Hardship"

https://www.lifezette.com/polizette/trump-administration-targets-obama-era-immigration-loophole/

Friday, August 25, 2017

DHS reviewing status of Obama’s deferred-action program for illegal immigrants

https://www.washingtonpost.com/news/post-politics/wp/2017/08/24/dhs-reviewing-status-of-obamas-deferred-action-program-for-illegal-immigrants/?deferJs=true&outputType=default-article&utm_term=.a5e3e5b9e542

Immigration status alone shouldn't bar lawyers from practice, ABA House says in resolution

http://www.abajournal.com/news/article/2017_annual_meeting_resolution_108/?utm_source=maestro&utm_medium=email&utm_campaign=weekly_email

Report: North Koreans granted more than 10,000 U.S. visas

https://www.upi.com/Top_News/World-News/2017/08/18/Report-North-Koreans-granted-more-than-10000-US-visas/4081503044776/

Scoring a High-Skill Visa Just Got a Little Bit Harder

https://www.bna.com/scoring-highskill-visa-n73014463271/?amp=true

Federal government says Vermont failed to prevent EB-5 fraud

http://www.burlingtonfreepress.com/story/news/politics/government/2017/08/24/federal-government-says-vermont-failed-prevent-eb-5-fraud/590059001/

Donald Trump hits four countries with visa sanctions for refusing to accept criminals

http://m.washingtontimes.com/news/2017/aug/22/donald-trump-hits-four-countries-with-visa-sanctio/

California's chief justice says immigration enforcement at courthouses continues 'in full force'

http://www.latimes.com/politics/essential/la-pol-ca-essential-politics-updates-chief-justice-cantil-sakauye-tells-1503433022-htmlstory.html

Thursday, August 24, 2017

No Class Cert. For Yemenis Held Up By Travel Ban

https://www.law360.com/classaction/articles/956620/no-class-cert-for-yemenis-held-up-by-travel-ban-

Wednesday, August 23, 2017

USCIS Waiver Policy Manual Update

From USCIS:

The USCIS Policy Manual has been updated to address the general policies and procedures applicable to the adjudication of waivers of inadmissibility. This update is effective on August 23, 3017. The Policy Alert is available here:

Volume 9, Waivers, Part A, Waiver Policies and Procedures (Final date for comments: September 7, 2017)

Visit the Policy Manual for Comment page for more information on stakeholder review and comment

Tuesday, August 22, 2017

[55] Trump and Protests, CBP and Russia, Fraud, Central American Parole, Nature & Dick Gregory

For Immigration Lawyers: Episode 55 - Trump and Protests, CBP and Russia, Immigration Fraud, Central American Parole, Nature and Dick Gregory (Weekly Recap of August 14-20, 2017).

Consult with an Attorney. #Immigration

Monday, August 21, 2017

In January, President Trump vowed to hire 5,000 new Border Patrol agents. It never happened

https://www.google.com/amp/www.latimes.com/politics/la-na-border-security-20170818-story,amp.html

Incentives offered for new agents at remote border crossings

http://www.nydailynews.com/newswires/news/business/incentives-offered-new-agents-remote-border-crossings-article-1.3427134

US Temporarily Stops NIV in Russia/Reorganizing

http://www.reuters.com/article/us-usa-trump-russia-idUSKCN1B10V6

Friday, August 18, 2017

State Bar helps clients of bogus immigration law practice

http://www.calbar.ca.gov/About-Us/News-Events/California-Bar-Journal/Articles/ArtMID/10568/userid/72/ArticleID/370/State-Bar-helps-clients-of-bogus-immigration-law-practice

Wednesday, August 16, 2017

Termination of the Central American Minors Parole Program

https://www.gpo.gov/fdsys/pkg/FR-2017-08-16/html/2017-16828.htm

Tuesday, August 15, 2017

[54] Raise Act Detailed, ICE at School, EB-5, CBP Exits, Deports Up, Delays, AAO & Client Stop & Go

For Immigration Lawyers: Episode 54 - Raise Act Detailed, ICE Arrest at School, EB-5 Jailed, CBP Exits, Deports Up, Delay Frustrations, AAO Decisions & Client Stop & Go (Weekly Recap August 7-13, 2017)

Consult with an attorney. Not legal advice.

Monday, August 14, 2017

USCIS Forms Update Notice

From USCIS:

Good afternoon,

We recently updated the following USCIS form(s):

Update to Form N-4, Monthly Report Naturalization Papers

08/14/2017 12:00 AM EDT

New edition dated 08/01/17. You may also file using these previous editions: 10/26/15, 01/22/13 and 11/09/09.

Update to Form G-1450, Authorization for Credit Card Transactions

08/14/2017 12:00 AM EDT

New edition dated 08/04/17. Starting 10/13/2017, we will only accept the 08/04/17 edition. Until then, you can use the 08/06/15 edition.

Update to Form I-854, Inter-Agency Alien Witness and Informant Record

08/14/2017 12:00 AM EDT

New edition dated 07/13/17. Starting 10/13/2017, we will only accept the 07/13/17 edition. Until then, you can use the 03/13/15 edition.

Sunday, August 13, 2017

[53] Interview with Attorney and Author Peter Afrasiabi about his new Book

Interview with Peter Afrasiabi about his new book: "Burning Bridges: America's 20-year Crusade to Deport Labor Leader Harry Bridges"

What is the Difference Between A Visa and Status in Immigration Law?

Immigration Question of the Day:

What is the Difference Between A Visa and Status in Immigration Law?

JQKLaw.com

Consult with an Attorney. Attorney Advertising.

What is Selective Service? Do I need to Sign-Up for it? What Immigration effects will it have?

Immigration Question of the day: What is Selective Service? Do I need to Sign-Up for it? What Immigration effects will it have? JQKLaw.com

Consult with an Attorney. Attorney Advertisement.

Immigration appeals court throws out deportation order for man detained by ICE after dropping daughter off at school

http://www.latimes.com/local/lanow/la-me-avelica-deportation-20170810-story.html

Feds offering possible change in visa status to persuade illegal immigrants to turn on MS-13

http://www.foxnews.com/us/2017/08/10/feds-offering-possible-change-in-visa-status-to-persuade-illegal-immigrants-to-turn-on-ms-13.html

Friday, August 11, 2017

The Latest Milestone In EB-5 Enforcement? Prison Time

https://www.law360.com/immigration/articles/952723/the-latest-milestone-in-eb-5-enforcement-prison-time?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Wednesday, August 9, 2017

What is a Reentry Permit and Why do I need it?

Immigration Question of the Day: What is a Reentry Permit and Why do I need it? JQKLaw.com

Consult with an Attorney. Attorney Advertisement. #Immigration

Immigrant Removals Under Trump Jump 28%, DOJ Says

https://www.law360.com/immigration/articles/952410/immigrant-removals-under-trump-jump-28-doj-says?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

9th Circ. Backs $300K In I-9 Penalties Against Sheet Metal Co.

https://www.law360.com/immigration/articles/951993/9th-circ-backs-300k-in-i-9-penalties-against-sheet-metal-co-?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Data Center Releases Tool That Maps Immigration Court Cases

https://www.law360.com/immigration/articles/952246/data-center-releases-tool-that-maps-immigration-court-cases?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Visa Bulletin for September 2017

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2017/visa-bulletin-for-september-2017.html

Tuesday, August 8, 2017

Immigration Lawyers' Podcast Episode 52

For Immigration Lawyers: Episode 52 - Trump & The RAISE Act, Diversity Visa, MAVNI, EB-5 Applications, USCIS Filing Tips, I-864 Sponsorship, Reentry Permits, China Money Transfers & Returning (Weekly Recap 07/31-08/06 2017)

Consult with an Attorney. #Immigration

State Immigration Law Passage Up 90% In '17, Report Says

https://www.law360.com/immigration/articles/951793/state-immigration-law-passage-up-90-in-17-report-says?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Monday, August 7, 2017

What is the RAISE Act and How Will It Affect Me?

Immigration Question of the Day: What is the RAISE Act and How Will It Affect Me?

Consult with an Attorney. Attorney Advertising.

Friday, August 4, 2017

USCIS Form I-821 Update Notice

From USCIS:

Good afternoon,
We recently updated the following USCIS form(s):

Update to Form I-821, Application for Temporary Protected Status

08/04/2017 12:00 AM EDT

New edition dated 12/23/16. A new edition of this form is coming soon. In the meantime, you may file using the 12/23/16 or 02/20/14 editions.

For more information, please visit our Forms Updates page.

Thursday, August 3, 2017

Should I Even Apply For A B-2 Tourist Visa? What Are My Chances?

Should I Even Apply For A B-2 Tourist Visa? What Are My Chances? Immigration Question of the Day. JQKLaw.com

Consult with an Attorney. Attorney Advertisement.

I-765 Workload Transfer Update

From USCIS:

Good Morning,
As of August 1, 2017, we transferred some of the following cases from the Nebraska Service Center to the Texas Service Center:

Form I-765, Application for Employment Authorization, filed by some applicants with a pending asylum application seeking an initial Employment Authorization Document

Please visit our Workload Transfer Updates page for more information.