Monthly Motivational/Informational (April 2020) w/ Nicholas Mireles, Esq.

https://youtu.be/015DgzLo6Yg

Under coronavirus immigration measures, U.S. is expelling border-crossers to Mexico in an average of 96 minutes

https://www.washingtonpost.com/immigration/coronavirus-immigration-border-96-minutes/2020/03/30/13af805c-72c5-11ea-ae50-7148009252e3_story.html

EOIR has established temporary email accounts for immigration courts nationwide to facilitate electronic filing for all parties while the rollout of the EOIR Court & Appeals System (ECAS) is delayed due to COVID-19.

https://www.justice.gov/eoir/eoir-operational-status-during-coronavirus-pandemic

USCIS to Continue Processing Applications for Employment Authorization Extension Requests Despite Application Support Center Closures

https://www.uscis.gov/news/alerts/uscis-continue-processing-applications-employment-authorization-extension-requests-despite-application-support-center-closures

EOIR: Hearings in non-detained cases are postponed through May 1, 2020.

https://twitter.com/DOJ_EOIR/status/1244770579460362246

"S. 386 would not reduce future [Employment-Based] backlogs compared to current law"

https://www.supallofus.org/wp-content/uploads/2020/03/CRS-Report-The-Employment-Based-Immigration-Backlog.pdf
Congressional Research Service

State Department appears to ask the world’s health workers to apply for U.S. visas, provoking outrage

https://www.washingtonpost.com/world/state-department-asks-the-worlds-health-workers-to-apply-for-us-visas-waives-interview-requirement-and-provokes-outrage/2020/03/27/ea291f54-7030-11ea-a156-0048b62cdb51_story.html

Emergency Motion for TRO filed against EOIR

https://t.co/4zptw0fTXf

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

I-20s can be emailed right now

https://www.ice.gov/doclib/sevis/pdf/bcm2003-03.pdf

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

ICE chief on thin ice for adopting Obama’s stance during crisis

https://www.politico.com/news/2020/03/26/white-house-immigration-chief-coronavirus-150497

No Stimulus Check for Taxpayers without SSN

https://www.law360.com/immigration/articles/1257333/immigrants-cut-out-of-senate-s-covid-19-stimulus-package?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

USCIS Announces Flexibility for Requests for Evidence, Notices of Intent to Deny

https://www.uscis.gov/news/alerts/uscis-announces-flexibility-requests-evidence-notices-intent-deny

Coronavirus: REAL ID Deadline Pushed A Full Year To October 2021

https://losangeles.cbslocal.com/2020/03/26/coronavirus-real-id-deadline-pushed-a-full-year-to-october-2021/?fbclid=IwAR07sUy-1zquhlEK45MFd_xJRzEz1CeIAOIAqIKG3KsA8vFCqHSHL7edTvU

Local Police Can’t Make Immigration Arrests, Montana High Court Rules

https://www.courthousenews.com/local-police-cant-make-immigration-arrests-montana-high-court-rules/amp/?__twitter_impression=true

USCIS: Temporary Office Closure Extended until at least April 7

https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19

ICE Guidance on COVID-19 Page

https://www.ice.gov/covid19

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.

COVID-19 Threatens Food Supply Chain As Farms Worry About Workers Falling Ill

https://www.npr.org/2020/03/18/816644358/covid-19-threatens-food-supply-chain-as-farms-worry-about-workers-falling-ill?utm_medium=social&utm_source=facebook.com&utm_campaign=npr&utm_term=nprnews

Episode 126 - Immigration Agency & Court Updates w/ John Khosravi (Jan. - Feb. 2020)

Furloughs hit National Visa Center workers at Pease

https://www.seacoastonline.com/news/20200320/furloughs-hit-national-visa-center-workers-at-pease

DHS announces flexibility in requirements related to Form I-9 compliance

https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance

Doctors warn of 'tinderbox scenario' if coronavirus spreads in ICE detention

https://www.cnn.com/2020/03/20/health/doctors-ice-detention-coronavirus/index.html?fbclid=IwAR3TVamMkpO-esg6HfJtK_41kbJsbYrvWwE7IkmaeQf5g7Ztu38tXam31jY

USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic

https://www.uscis.gov/working-united-states/temporary-workers/uscis-announces-temporary-suspension-premium-processing-all-i-129-and-i-140-petitions-due-coronavirus-pandemic

USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency

https://www.uscis.gov/news/alerts/uscis-announces-flexibility-submitting-required-signatures-during-covid-19-national-emergency

Donald Trump will close the southern border to all but 'essential travel' bringing Mexico in line with Canada today as homeland security boss says tourism and recreation need to STOP

https://www.dailymail.co.uk/news/article-8134855/Donald-Trump-close-southern-border-essential-travel.html

Initial H-1B Electronic Registration Period Closes March 20

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.

https://www.rasmussenreports.com/public_content/politics/immigration_index/immigration_index_mar17

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.

https://www.dhs.gov/immigration-statistics/special-reports/legal-immigration

Suspension of Routine Visa Services (US Embassy/Consulates)

https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html

Reports of RFEs on Os and Ps for canceled Itineraries due to Coronavirus

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ICE to stop most immigration enforcement inside U.S., will focus on criminals during coronavirus outbreak

https://www.washingtonpost.com/national/ice-halting-most-immigration-enforcement/2020/03/18/d0516228-696c-11ea-abef-020f086a3fab_story.html

USCIS Filing Charts April 2020

https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/when-file-your-adjustment-status-application-family-sponsored-or-employment-based-preference-visas-april-2020

US stops entry of EU/UK-Ireland - Canada bans admissions too

USCIS Coronavirus Response

https://www.uscis.gov/about-us/uscis-response-coronavirus-disease-2019-covid-19

EOIR Guidance for COVID-19 Outbreak

https://www.justice.gov/eoir/file/1259226/download

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

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

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

US Mission Alert in India: Cancelling of immigrant and nonimmigrant visa appointments

https://in.usembassy.gov/alert-cancelling-of-immigrant-and-nonimmigrant-visa-appointments/?fbclid=IwAR2aMLbe69t5itYjAk5hGvnPkyi7AhA0GDHyZEn5cxts8ZPmXsiMsk4FQgI

ICE Is Arresting Central Americans As They Drop Off Relatives For Flights at JFK

https://gothamist.com/news/ice-arresting-central-americans-they-drop-relatives-flights-jfk

April 2020 Visa Bulletin

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2020/visa-bulletin-for-april-2020.html

CBP Coronavirus Travel Ban Instructions (03/13/2020)

https://www.linkedin.com/feed/update/urn:li:activity:6644436836351639552/

Report of "E-2" FDNS site visit in Chicago, IL

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Neufeld memo: US Court scraps old memo used to deny H-1B visas

https://m-economictimes-com.cdn.ampproject.org/c/s/m.economictimes.com/nri/visa-and-immigration/neufeld-memo-us-court-scraps-old-memo-used-to-deny-h-1b-visas/amp_articleshow/74585721.cms

Reminder: REAL IDs will be required to enter federal buildings on Oct. 1, 2020 (including USCIS)

Coronavirus: India cancels all tourist visas

https://www.khaleejtimes.com/coronavirus-outbreak/coronavirus-india-cancels-all-tourist-visas

USCIS Signature Policy Update

Wet ink not required unless specified on form.

New Europe Travel Ban Proclamation

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-2019-novel-coronavirus/

Fed Ct Win for WasdenBaniasLaw (H1-B 3rd party worksite)

Fed Ct Win for WasdenBaniasLaw (H1-B 3rd party worksite)

Big win for @ITServeorg in DDC today. https://wasdenbanias.com/orders (Click ITServe Alliance v. Cuccinelli). #H1B Huge blow to @USCIS's efforts to destroy IT consulting industry. #litigationworks

Update your client intake questionnaires: 7th Cir.: Lawyer should affirmatively ask if applicant witness/victim to crime (U-Visa).

http://media.ca7.uscourts.gov/cgi-bin/rssExec.pl?Submit=Display&Path=Y2020%2FD03-06%2FC%3A19-2289%3AJ%3AScudder%3Aaut%3AT%3AfnOp%3AN%3A2483918%3AS%3A0

Trump administration orders immigration courts to remove coronavirus posters– then takes it back

https://www.miamiherald.com/news/local/immigration/article241046076.html

TRAC Sues DOJ's Office of Information Policy for Failure to Comply with Freedom of Information Act

(11 Mar 2020) The co-directors of the Transactional Records Access Clearinghouse (TRAC) at Syracuse University have filed suit under the Freedom of Information Act (FOIA) against the Office of Information Policy (OIP) of the Department of Justice (DOJ) for withholding basic information regarding its receipt and processing of FOIA matters. Also sued in the action is the Environmental Protection Agency (EPA).Given that many agency records are now stored in electronic databases, OIP's claim that it is under no legal obligation to search its own database strikes at the very core of the Freedom of Information Act's public access provisions. This refusal is more shocking since the mission of the DOJ's Office of Information Policy is to "encourage and oversee agency compliance with the Freedom of Information Act (FOIA)." Moreover, as the nature of TRAC's FOIA request is focused on OIP's handling of FOIA cases, OIP's lack of compliance with FOIA raises further questions about the OIP's commitment to its stated mission. It is especially egregious for an agency to supposedly "upgrade" its database system, yet in doing so not include the ability to make records in its database system readily reproducible—a capability that the agency admits previously existed before this "upgrade." The suit arises as part of TRAC's ongoing research project using a quarterly survey to assess the compliance of almost two dozen federal agencies under the Freedom of Information Act (FOIA). As part of this effort, TRAC submitted a FOIA request in October 2019 to the Office of Information Policy (OIP) within the Department of Justice (DOJ) asking for basic information about the agency's processing of FOIA requests. In November 2019, OIP responded to TRAC claiming that they cannot search their records, then directed TRAC to submit a FOIA request to the Environmental Protection Agency (EPA), which the OIP alleges manages OIP's database system, FOIAonline.gov. TRAC appealed, and also forwarded its request to EPA for OIP's records. The EPA confirmed receipt but failed to respond further. The requested information was straightforward such as the date of each FOIA request and when it was received, the track assigned, and the date the request was closed. TRAC purposely did not ask for any information that might be cause for redaction, delay, or difficulty. The OIP has responded to identical FOIA requests from TRAC in the past. Previously TRAC filed suit against the CIA for similarly refusing to search its FOIA database in response to our quarterly survey. On September 10, 2019 United States District Judge Tanya S. Chutkan ruled "the court is unconvinced by the CIA's argument that writing new computer code to locate responsive records in its database or compiling the resulting records constitute the creation of a new record. ... [A]s Congress noted regarding the E-FOIA Amendments, '[c]omputer records found in a database rather than a file cabinet may require the application of codes or some form of programming to retrieve the information.'" Following this ruling, the CIA agreed to search its database and turn over all requested non-exempt records. Plaintiffs in the lawsuit are Susan B. Long and David Burnham, co-directors of TRAC, a non-partisan research data center at Syracuse University's Newhouse and Whitman Schools. For this suit, TRAC is represented on a pro bono basis by renowned FOIA attorney David L. Sobel based in Washington, D.C. Contact: Susan B. Long, TRAC (315) 443-3563 David Burnham, TRAC (315) 443-3563 David L. Sobel (202) 246-6180

Asylum Office COVID Concerns

USCIS has directed all asylum offices, effective immediately, to cancel in-person decision pickups and instead to mail out decision notices for reasons related to covid-19 prevention.

USCIS San Franciso F.O./Coronavirus info:

Field Office and ASC Appointments

· If you are ill for any reason regardless of whether you were exposed to COVID-19, please do not come to appointments with any USCIS office.

· District 42 offices (San Francisco, San Jose, Sacramento and Fresno Field Offices) will be granting a liberal reschedule policy at this time for any applicant who is sick.  You can reschedule your appointment without penalty.   Appointment notices contain instructions to reschedule appointments by calling the Contact Center at 800-375-5283.  The Contact Center will, in turn, notify the local office.

Naturalization Oath Ceremonies

The below information will be provided to each N-400 applicant with their N-445 notice:

· District 42 has implemented a liberal reschedule policy for our Oath Ceremonies.  If an applicant feels sick on the day of the ceremony, they should ask for a reschedule by contacting their local field officer or calling the Contact Center.  They will be rescheduled for the next available oath ceremony.  If this is their first no-show, they will be automatically rescheduled.  There will be no penalty for letters that are received after the ceremony date.

· If an individual has medical issues that put them at higher risk for being at large gatherings, he/she may request a same-day oath from the interviewing officer.  The office will do its best to accommodate these request based on available resources.

· Until further notice, applicants may bring only one (1) guest to the ceremony.

Happy to have my colleague Ron Matten, Esq. present the H-1B & PERM process for my Immigration Law Students at Pepperdine Law School #Immigration

Happy to have my colleague Ron Matten, Esq. present the H-1B & PERM process for my Immigration Law Students at Pepperdine Law School

#Immigration

17 attorneys general ask administration to delay public charge rule during coronavirus outbreak

https://www.cnn.com/2020/03/06/politics/attorneys-general-ask-delay-public-charge-rule-coronavirus/index.html

5 Star Client Review. Thanks Lorenia!

ICE officers deployed to 'flood the streets' of sanctuary cities: report

https://thehill.com/changing-america/resilience/refugees/486129-ice-deploying-hundreds-of-additional-officers-to

Tennessee Man Ordered Removed to Germany Based on Service as Concentration Camp Guard During WWII

https://www.justice.gov/opa/pr/tennessee-man-ordered-removed-germany-based-service-concentration-camp-guard-during-wwii

(USCIS) is issuing policy guidance in the USCIS Policy Manual regarding submission of benefit requests to USCIS.

https://www.uscis.gov/sites/default/files/policymanual/updates/20200305-SubmissionOfBenefitRequests.pdf

Donald Trump says federal government will start 'withholding funds' from sanctuary cities

https://www.dailymail.co.uk/news/article-8078927/Trump-says-block-U-S-funds-sanctuary-jurisdictions.html

Approval US Marriage in Seattle

Natz Ceremonies in Denver stopped due to lack of info sharing from local government

https://denverite.com/2020/02/20/denvers-government-doesnt-hold-citizenship-ceremonies-anymore-because-the-federal-government-wont-share/

BIA Misread Rule Before Flawed Removal Order: 3rd Circ.

https://www.law360.com/articles/1247757

Great gift from client after hard won case :)

U.S. Supreme Court gives states latitude to prosecute illegal immigrants

https://www.reuters.com/article/us-usa-court-immigration/us-supreme-court-lets-states-prosecute-immigrants-for-identity-theft-idUSKBN20Q26S

USCIS Launches New Online Form for Reporting Fraud

https://www.uscis.gov/news/news-releases/uscis-launches-new-online-form-reporting-fraud

5 Star review for the JQK Immigration Law Firm. Thanks Dana!

Monthly Motivation 2 with Nicholas Mireles, Esq. (Mar. 2020)

BIA Ordered To Eye Tolling Possibility In Widower Residency Petition

Widow

https://www.law360.com/articles/1247286/bia-ordered-to-eye-tolling-possibility-in-residency-petition

Official Iran Travel Ban for Coronavirus Text:

https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-certain-additional-persons-pose-risk-transmitting-coronavirus

Federal judge rules Ken Cuccinelli unlawfully ran immigration agency

https://www.axios.com/federal-court-ken-cuccinelli-illegal-uscis-director-8479c5d1-0130-4477-bf98-a1e23be19ae0.html

Marriage Green Card (Spouse of US Citizen) Approved in 3.5 months in Los Angeles.

Marriage Green Card (Spouse of US Citizen) Approved in 3.5 months in Los Angeles.

#Immigration

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