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
Tuesday, April 28, 2020
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.
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