The Board of Immigration Appeals held on May 31, 2019 that an immigration judge (IJ) has the authority to dismiss removal proceedings upon a finding that it is an abuse of the asylum process to file a meritless asylum application with USCIS for the sole purpose of seeking cancellation of removal in the immigration court.
On May 22, the House Judiciary Committee took a huge step towards protecting Dreamers and Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) recipients by passing two bills out of committee : the Dream Act of 2019 the American Promise Act of 2019. These bills will be combined as H.R. 6, the Dream and Promise Act of 2019, and would offer Dreamers and TPS/DED recipients permanent protections and a path to citizenship. The House of Representatives is expected to vote on H.R. 6 early this week. This bill would offer permanent protections and a path to citizenship to Dreamers...
USCIS will permanently close its field office in Ciudad Juárez, Mexico, on June 30, 2019. The last day the office will accept applications/petitions and be open to the public is May 30, 2019. The U.S. Consulate General in Ciudad Juárez will assume responsibility for certain limited services previously provided by USCIS to individuals residing in the Mexican states of Baja California Norte, Baja California Sur, Chihuahua, Durango, Sinaloa, and Sonora.
All immigrant visa applicants are required to submit to a medical examination at the time of an application for an immigrant visa at a U.S. consulate. In addition, some applicants for nonimmigrant visas may also be referred for medical screening if a consular officer has reason to believe the applicant may be inadmissible under health-related grounds described in INA§212(a)(1) — especially when the applicant has a criminal record that suggests drug or alcohol misuse. The results of the medical exam can lead to visa refusal based on INA§212(a)(1) inadmissibility. A recent modification to the FAM indicates that consular records will...
USCIS has released a new version for Form I-129, Petition for a Nonimmigrant Worker. The new edition is dated 1/31/19 and starting 5/20/19, USCIS will only accept this edition.
Memorial Day is right around the corner. This is an opportunity to honor those who have made the ultimate sacrifice on the battlefield. It is important to remember them and their stories and to put a human face on history. As part of the “children of the 1960s,” I remember the tail end of the Vietnam War, where we lost more than 58,000 men and women. Prior to the Vietnam conflict, the “Greatest Generation” lost a countless number of young soldiers to ultimately win World War II. Today less than 500,000 of the 16 million who served during World War...
The Form I-539, Application to Extend/Change Nonimmigrant Status, can be filed online with USCIS by an individual applicant (without co-applicants, or legal or accredited representation) to extend stay and if the applicant holds status as a: B-1 temporary visitor for business; B-2 temporary visitor for pleasure; F-1 academic student with a specific status expiration date; F-2 spouse or child of an academic student with a specific expiration date; M-1 vocational student; or M-2 spouse or child of an M-1 student.
Last Thursday, May 16, 2019, the Trump administration proposed an immigration plan aimed at more closely connecting immigration visas to jobs, rather than being based on family ties or refugee admissions. The plan would seek to tilt immigration toward workers with extraordinary talent, sought-after specialized vocations and exceptional students. To some degree, that shift may be already occurring in particular with immigrants from China and India.
The U.S. Department of Housing and Urban Development published a proposed rule on Friday, May 10, 2019, that would bar access to public housing for unauthorized immigrants and their families on the premise of reducing wait times for housing assistance. At this time the proposed rule has not been finalized into a final binding rule.
President Trump issued a proclamation on May 8, 2019 extending for 90 days the suspension and limitation of entry at the southern border. The initial proclamation renders certain individuals ineligible to be granted asylum. Such interim rule would begin running if the court imposed injunction by the United States District Court judge in the Northern District of California is lifted.
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