JQKLaw.com Blog: January 2018

Wednesday, January 31, 2018

Click here for other USCIS Processing times,

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Click here for Department of Labor processing times and information on backlogs,

Click here for Department of State Visa Bulletin,

Click here for When to Expect Your Green Card.

Click here for Average Processing Time for all USCIS Offices

EB-5 Timelines:

Average Processing Times for Immigrant Investor Program Office as of: **November 30, 2017**
Form	Title	Classification or Basis for Filing:	Processing Cases As Of Date:
I-526	Immigrant Petition By Alien Entrepreneur	For use by an entrepreneur who wishes to immigrate to the United States	December 12, 2015
I-829	Petition by Entrepreneur to Remove Conditions	Removal of lawful permanent resident conditions (immigrant investors)	October 24, 2015
I-924	Application For Regional Center Under the Immigrant Investor Pilot Program	I924 - Application For Regional Center Under the Immigrant Investor Pilot Program	December 2, 2015

Last Updated: January 29, 2018

USCIS to Take Action to Address Asylum Backlog

From USCIS:

Release Date: Jan. 31, 2018

Agency Will Focus on Processing Recently Filed Applications

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today that the agency will schedule asylum interviews for recent applications ahead of older filings, in an attempt to stem the growth of the agency’s asylum backlog.
USCIS is responsible for overseeing the nation’s legal immigration system, which includes adjudicating asylum claims. The agency currently faces a crisis-level backlog of 311,000 pending asylum cases as of Jan. 21, 2018, making the asylum system increasingly vulnerable to fraud and abuse. This backlog has grown by more than 1750 percent over the last five years, and the rate of new asylum applications has more than tripled.
To address this problem, USCIS will follow these priorities when scheduling affirmative asylum interviews:

Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
Applications pending 21 days or less since filing; and
All other pending applications, starting with newer filings and working back toward older filings.

Additionally, the Affirmative Asylum Bulletin issued by USCIS has been discontinued.
“Delays in the timely processing of asylum applications are detrimental to legitimate asylum seekers,” said USCIS Director L. Francis Cissna. “Lingering backlogs can be exploited and used to undermine national security and the integrity of the asylum system.”
This priority approach, first established by the asylum reforms of 1995 and used for 20 years until 2014, seeks to deter those who might try to use the existing backlog as a means to obtain employment authorization. Returning to a “last in, first out” interview schedule will allow USCIS to identify frivolous, fraudulent or otherwise non-meritorious asylum claims earlier and place those individuals into removal proceedings.
For details on how we will schedule interviews, go to our Affirmative Asylum Interview Scheduling page.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).

- USCIS -

US ends ban on refugees from 'high-risk' countries

https://www.bbc.com/news/amp/world-us-canada-42866983

Monday, January 29, 2018

These twins were born 4 minutes apart. But only one is a U.S. citizen

http://www.latimes.com/local/lanow/la-me-ln-twins-citizenship-20180127-story.html

Thursday, January 25, 2018

USCIS Forms Update I-912P and I-942P

From USCIS:

Good afternoon,

We recently updated the following USCIS form(s):

Update to Form I-912P, HHS Poverty Guidelines for Fee Waiver Request

01/25/2018 12:00 AM EST

Update to Form I-912P, HHS Poverty Guidelines for Fee Waiver Request

Update to Form I-942P, Income Guidelines for Reduced Fees

01/25/2018 12:00 AM EST

Update to Form I-942P, Income Guidelines for Reduced Fees

For more information, please visit our Forms Updates page.

Study: Nearly Half Of White Working-Class Americans 'Feel Like Strangers In Their Own Country'

http://www.informationliberation.com/?id=56723

Tuesday, January 23, 2018

DOS Issues Cable on Update to 9 FAM 302.8 On Public Charge

- Properly filed I-864 not enough, totality of the circumstances
- An officer may consider "past or current receipt of public assistance of any type" in determining whether an applicant is likely to become a public charge, although officers must make a determination based on the present circumstances. Consequently, an applicant’s current receipt of public assistance may not raise significant

Monday, January 22, 2018

USCIS Launches Naturalization and Citizenship Certificate Redesign Pilot

From USCIS:

On Jan. 22, 2018, four USCIS field offices and one service center will participate in a 10-day pilot to issue redesigned citizenship and naturalization certificates to U.S. citizens. The pilot sites are:

Norfolk Field Office
Tampa Field Office
Minneapolis-St. Paul Field Office
Sacramento Field Office
Nebraska Service Center

The redesign is part of an ongoing USCIS initiative to deter counterfeiting by adding enhanced graphics and fraud-resistant security features to critical documents.
Although the design is new, the process of applying for and receiving naturalization and citizenship certificates will not change. Previously issued certificates will remain valid as proof of citizenship or naturalization, regardless of when they were issued. It is only necessary to replace a certificate if it is lost or contains incorrect information.
Pending a successful pilot, we will begin to issue the new certificates nationwide at a future date.

USCIS Will Email Notifications to H-2A Petitioners, Use Pre-Paid Mailers to Send Requests for Evidence

From USCIS:

Beginning today, Jan. 22, 2018, USCIS will email notifications of receipt and approval to H-2A (temporary agricultural worker) petitioners who file Form I-129, Petition for a Nonimmigrant Worker. Also starting today, USCIS will use pre-paid mailers provided by H-2A petitioners to send requests for evidence (RFE) if issued in a case.

These process changes apply only to H-2A petitions due to their highly time-sensitive nature.

Email Notifications

USCIS will send notifications of receipt and approval to the email address provided by H-2A petitioners in Part 1 of Form I-129 and to any email address provided for their attorney or accredited representative on a valid Form G-28. There is no charge for this service.

In addition to these emailed notifications, USCIS will continue to send receipt and approval notices by postal mail and update Case Status Online.

Pre-Paid Mailers for Requests for Evidence

H-2A petitioners will be able to submit two pre-paid mailers if they want to expedite delivery of both the final decision notice and any RFE issued for the petition.

Service centers normally use pre-paid mailers only for final decision notices. Any pre-paid mailers submitted for H-2A petitions must meet the same requirements as pre-paid mailers used for other forms and classifications.

USCIS will no longer send receipt notices to H-2A petitioners via pre-paid mailer. This is because the emailed receipt notice will include the relevant receipt number.

Summary

For H-2A petitions, USCIS will:

Use a pre-paid mailer to send an RFE if the petitioner provided only one pre-paid mailer.
Send the final decision notice (such as a Notice of Approval or Notice of Denial) in a pre-paid mailer only if no RFE was issued or the petitioner provided a second pre-paid mailer.

Stop using a pre-paid mailer to send receipt notices.

E-Verify is Unavailable due to Lapse in Department of Homeland Security Appropriations

From USCIS:

E-Verify is not available due to a lapse in Department of Homeland Security appropriations. While E-Verify is unavailable, employers will not be able to access their E-Verify accounts or:

Enroll in E-Verify;
Create E-Verify cases;
View or take action on any case;
Add, delete or edit any user account;
Reset passwords;
Edit company information;
Terminate accounts; and
Run reports or view any information about an account.

Customer Support
E-Verify Customer Support and related services are also closed. As a result:

We will not be able to answer your calls or respond to your emails;
Employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs);
E-Verify webinars and training sessions are cancelled and will be rescheduled; and
Self Check and myE-Verify will not be available.

New Temporary Policies
We understand that E-Verify’s unavailability may have a significant impact on employer operations. We have implemented the following policies to minimize the burden on both employers and employees:

The “three-day rule” is suspended for E-Verify cases affected by the unavailability of E-Verify. We will provide additional guidance regarding this deadline once we reopen. This does not affect Form I-9, Employment Eligibility Verification, requirements. Employers must still complete Form I-9 no later than the third business day after an employee starts work for pay, and comply with all other Form I-9 requirements.
The time period during which employees may resolve TNCs will be extended. The number of days E-Verify is not available will not count towards the days employees have to begin resolving their TNCs. We will provide additional guidance regarding these deadlines once we reopen.
For federal contractors covered by the E-Verify federal contractor rule, please contact your contracting officer to inquire about extending federal contractor deadlines.
Employers may not take any adverse action against an employee because the E-Verify case is in an interim case status, including while the employee’s case is in an extended interim case status due to the unavailability of E-Verify.

Resources
Find all essential resources at USCIS.gov/E-Verify/publications. Read the E-Verify User Manual for more information on interim case statuses.
We apologize for any inconvenience and look forward to serving you once we resume operations.

Please do not reply to this message. See our Contact E-Verify page for phone numbers and e-mail addresses.

Apply to use the E-Verify logo: Complete and submit the License Application for the Use of the E-Verify Trademark.

Saturday, January 20, 2018

CBP Reminds Travelers of Time Remaining in the US with Expanded I-94 Website Feature and Email Notifications

https://www.cbp.gov/newsroom/national-media-release/cbp-reminds-travelers-time-remaining-us-expanded-i-94-website

Lapse in Federal Funding for Certain USCIS Operations

The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities. Our offices will remain open, and all applicants should attend interviews and appointments as scheduled.

However, several USCIS programs will either expire or suspend operations, or be otherwise affected, until they receive appropriated funds or are reauthorized by Congress. These include:

EB-5 Immigrant Investor Regional Center Program. Regional centers are a public or private economic unit in the United States that promote economic growth. USCIS designates regional centers for participation in the Immigrant Investor Program.
E-Verify. This free internet-based system allows businesses to determine the eligibility of their employees to work in the United States.
Conrad 30 J-1 doctors. This program allows J-1 doctors to apply for a waiver of the two-year residence requirement after completing the J-1 exchange visitor program. The expiration only affects the date by which the J-1 doctor must have entered the United States; it is not a shutdown of the Conrad 30 program entirely.
Non-minister religious workers. This special immigrant category allows non-ministers in religious vocations and occupations to immigrate or adjust status in the United States to perform religious work in a full-time, compensated position.

You can subscribe to receive updates on any changes in the status of these programs.

Thursday, January 18, 2018

Federal Judge Permits Challenge to Miami-Dade's Detainer Policy

CONTACT: Catharine Skipp, Director of Media Relations and Public Affairs, at 305-284-9810or cskipp@law.miami.edu

CORAL GABLES, Fla. (Jan. 17, 2018) – Federal judge Kathleen Williams is permitting a legal challenge to Miami-Dade County’s policy on detainers to proceed, despite a motion by the county to dismiss the case. Under the county’s detainer policy, people suspected of civil immigration violations are locked up in county jail at the request of immigration authorities. The suit, filed on behalf of an 18-year-old United States citizen, asks Miami-Dade County and County Mayor Carlos Gimenez for monetary damages. The lawsuit was filed by the University of Miami School of Law’s Immigration Clinic, Kurzban, Kurzban, Weinger, Tetzeli & Pratt, P.A., and the American Civil Liberties Union of Florida.

The lawsuit challenges Miami-Dade County’s policy of detaining people beyond the end of their criminal custody solely for a suspected civil immigration violation and argues that the policy violates the U.S. Constitution, including the prohibition against unlawful seizures under the Fourth Amendment and the guarantee of due process under the Fourteenth Amendments, according to the filing. Florida law also prohibits jail officials from detaining people for civil immigration purposes.

Garland Creedle was jailed at Turner Guilford Knight Correctional Center after police arrested him during a domestic dispute. Creedle paid his bond shortly after he was arrested, but county jail officials failed to release him and instead held him for immigration officials. No criminal charges were ever filed against Creedle.

Miami-Dade County has been detaining people in jail for federal immigration enforcement officials ever since President Trump threatened in January to cut off funding for cities deemed “sanctuary cities.” After the County Commissioners voted in February to collaborate with immigration authorities, however, the Trump Administration clarified that only cities that violate federal law would be at risk of losing federal money. Although the County no longer faces loss of federal funding, the Mayor and Commission have not reconsidered their position on immigration detainers.

Creedle was born in Honduras to a U.S. citizen father and has been a U.S. citizen from birth. Immigration authorities have been aware of Creedle’s U.S. citizenship since 2015, when they filed a motion to terminate immigration court proceedings against Creedle because he is a U.S. citizen.

Other U.S. cities — large and small — have vowed to continue to keep local law enforcement separate from immigration enforcement, including Baltimore, Boston, Chicago, Cincinnati, Denver, San Francisco, Syracuse, and Washington, D.C.

For more information contact Rebecca Sharpless, Immigration Clinic, University of Miami School of Law at 305-798-5604 or rsharpless@law.miami.edu

Becky Sharpless

Clinical Professor

Director, Immigration Clinic

University of Miami School of Law

1311 Miller Drive, E-256, Coral Gables, FL 33146

P: 305-284-3576 or 6092 F: 305-284-6093 E: rsharpless@law.miami.edu

Immigration Clinic | Papers on SSRN

Information contained in this email may be confidential and legally privileged. Unauthorized reproduction or forwarding of this email is forbidden. If you have received this message in error, please do not read the content of the email or forward it. Please reply back to me and then delete the email. Thank you.

Re-Registration Period Now Open for Haitians and Salvadorans with Temporary Protected Status

From USCIS:

Release Date: Jan. 18, 2018

Employment Authorization for Haitians with TPS Automatically Extended Until July 21, 2018
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Haiti’s designation who want to maintain that status through the program’s termination date of July 22, 2019, must re-register between Jan. 18, 2018, and March 19, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on uscis.gov/tps.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free for download on USCIS’ website at uscis.gov/tps.
USCIS will issue new EADs with a July 22, 2019, expiration date to eligible Haitian TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS is automatically extending the validity of EADs that show an expiration date of Jan. 22, 2018, for 180 days through July 21, 2018. Additionally, individuals who have EADs with an expiration date of July 22, 2017, and who applied for a new EAD during the last re-registration period but have not yet received their new EADs are also covered by this automatic extension. These individuals may show their EAD indicating a July 22, 2017, expiration date and their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after May 24, 2017, along with this statement, to employers as proof of continued employment authorization through July 21, 2018.
On Nov. 20, 2017, former Acting Secretary of Homeland Security Elaine Duke determined that disaster-related conditions in Haiti, upon which the country’s original designation was based, no longer supported its designation for TPS and announced the termination of the status. The Acting Secretary made her decision to terminate TPS for Haiti after reviewing country conditions and consulting with appropriate U.S. government agencies. She also delayed the effective date of the termination for 18 months from the current expiration date of Jan. 22, 2018, to allow time for an orderly transition. As a result of the delayed effective date, Haiti’s TPS designation will end on July 22, 2019.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).

_____

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective termination date of Sept. 9, 2019, must re-register between Jan. 18, 2018, and March 19, 2018.
Re-registration procedures, including how to renew employment authorization documents, have been published in the Federal Register and on uscis.gov/tps.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free for download on USCIS’ website at uscis.gov/tps.
USCIS will issue new EADs with a Sept. 9, 2019, expiration date to eligible Salvadoran TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS recognizes that not all re-registrants will receive new EADs before their current EADs expire on March 9, 2018. Accordingly, USCIS has automatically extended the validity of EADs issued and currently valid under the TPS designation of El Salvador for 180 days, through Sept. 5, 2018.
On Jan. 8, Secretary of Homeland Security Kirstjen M. Nielsen determined that the statutory conditions supporting El Salvador’s TPS designation on the basis of an environmental disaster are no longer met. Secretary Nielsen made her decision to terminate TPS for El Salvador after reviewing country conditions and consulting with appropriate U.S. government agencies. To allow time for an orderly transition, she also delayed the effective date of the termination for 18 months from the current expiration date of March 9, 2018. As a result of the delayed effective date, El Salvador’s TPS designation will end on Sept. 9, 2019.
Salvadorans with TPS may wish to consult with qualified immigration attorneys or practitioners about their eligibility for another immigration status or benefit, or whether there is any other action they may want to take regarding their individual immigration circumstances.
For more information on USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), and Facebook (/uscis).