On December 23, 2020, the Office of the Chief Immigration Judge (OCIJ) updated the EOIR Practice Manual and changed the filing deadlines for non-detained cases from 15 days to 30 days prior to the hearing.
DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)
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DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) |
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What is DACA: |
On June 15, 2012, the Secretary of Homeland Security pursuant to an executive order issued by the Obama Administration, announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action (DACA) for a period of two years, subject to renewal. Deferred action is a use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status.
The applicants for DACA are also eligible for work authorization. Once DACA is approved by USCIS a request for an advance parole can be filed with USCIS. |
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Who is eligible: |
· Be at least 15 years old at time of application (unless you are or have been in deportation proceedings).
· Arrival (lawful or unlawful) into the U.S. under the age of 16. · Born on or after June 15, 1981 or under the age of 31 on June 15, 2012. · Continuous (uninterrupted physical presence) residence since June 15, 2007. · Physically present in the U.S. on June 15, 2012 but without legal status. · Currently in school, graduated from high school, obtained a GED certificate, or honorably discharged veteran of the U.S. Coast Guard or U.S. Armed Forces. · Must have NOT been convicted of: Ø Felony offense (Federal, State, or local criminal offense punishable by imprisonment for more than one (1) year). Ø Significant misdemeanor including domestic violence; sexual abuse or exploitation; burglary; DUI; unlawful possession or use of firearm; drug distribution or trafficking; or any conviction with a sentence of more than 90 days in jail. Ø Multiple misdemeanors which total three (3). Ø Not pose a threat to public safety or national security (gang membership, etc.). |
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What are the benefits:
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· Removal (deportation) is held in abeyance.
· Provides authorization to work legally in the United States for a period of two (2) years. · Can apply for advance parole after DACA request is approved. |
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Start date: |
· On December 7, 2020, USCIS was ordered by a federal judge to commence accepting DACA applications for new applicants. The court order also mandates that USCIS accept applications for advance parole documents. |
Worldwide Immigrant Visa Issuances by U.S. Consulates in Fiscal Year 2021
During the 1st month (October) of the Fiscal Year 2021, the U.S. State Department noted that 8,687 immigrant visas were issued worldwide.
The busiest U.S. consulate post in the world in Cd. Juarez, Mexico issued a total of 410 immigrant visas to spouses of U.S. citizens (IR1) during October 2020.
Cases Pending In Immigration Court
EOIR recently released statistics on pending cases, initial receipts, and total completions from FY2008 through FY2020. As of the end of FY2020, EOIR had 1,252,028 pending cases in the queue, and had completed 231,237 cases.
Federal Judge Reinstates DACA
On Friday , December 4, 2020, U.S. District Judge Nicholas Garaufis ordered that the Trump Administration must restore the DACA program and accept petitions from new applicants. The ruling opens the door to new DACA applicants for the first time since 2017.
Judge Garaufis ruled that Acting Secretary Chad Wolf of the Department of Homeland Security and DHS officials do not “currently possess, nor have they ever possess the powers” to end the DACA program.
The judge directed DHS to post a public notice by Monday that it will accept petitions from new applicants for the DACA program. Judge Garaufis also ordered that the government produce a status report on the DACA program by January 4, 2021. The report must include the number of first time DACA applications that DHS received, adjudicated, approved, denied and rejected from November 14, 2020 to December 31 of this year.
Mexicans Are Now Eligible For 1 to 4 Year E-2 Visas
After the President of Mexico visited Washington D.C. this past summer, the U.S. Department of State made a favorable change to Mexico E-2 Visas, increasing the validity period from one (1) year to four (4) years. Eligible Mexican nationals can now apply with the U.S. consulate in Mexico for an E-2 Visa and may now be approved for up to 48 months of unrestricted travel into the U.S. on their Mexican passport. The four-year validity is a generous time span and the recent validity extension makes this visa option more appealing than ever for potential Mexican investors. E-2 visas may also be renewed indefinitely if the business and the applicant continue to meet visa requirements and the country of origin remains a treaty country.
The increase in the validity period also comes with increased processing fees. The previous processing fee of $46 has now increased to $296.
Background
The E-2 visa is intended for investors that will control an existing or new U.S. business. Specifically, per the United States Customs & Immigration Services (USCIS), “The E-2 nonimmigrant classification allows a national of a treaty country to be admitted to the United States when investing a substantial amount of capital in a U.S. business. Certain employees of such a person or of a qualifying organization may also be eligible for this classification.”