On November 2, 2020, the U.S. District Court in the Northern District of Illinois ruled that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act (“APA”). The district court specifically ruled that (1) the public charge exceeds DHS’s authority under the public charge provision of the INA, (2) is not in accordance with law; and (3) is arbitrary and capricious. The court immediately set aside the DHS Public Charge Rule nationwide without staying its decision pending appeal. DHS may not apply the public charge rule as of today, which includes the submission of...
ACLU attorneys say that the parents of 545 children can not be found after they were separated from their children by the Trump Administration. Trump claimed last night that the children were “ well taken care of”. The children were kept in a former 250,000 square foot Walmart where they were held in “cages”. According to the American Academy of Pediatrics the detention was “ government sanctioned child abuse” and the children will be traumatized psychologically for life. According to physicians for human rights the detention and separation was “torture” based on the United Nations definition.
On September 29, 2020, U.S. District Judge Jeffrey S. White of the Northern District of California granted a preliminary injunction of the “USCIS Fee Schedule & Changes to Certain Other Immigration Benefit Requests Requirements” Final Rule which would have increased USCIS fees by a weighted average increase of 20 percent on October 02, 2020. The court concluded that “universal relief is warranted” and it is “appropriate to stay the effective date of the Final Rule pending resolution of the merits of this case.”. Hence the USCIS fees will NOT increase on October 02, 2020.
USCIS announced that following the September 11, 2020, Second Circuit decision, it will apply the public charge final rule and related guidance in the USCIS Policy Manual to all applications and petitions postmarked (or submitted electronically) on or after February 24, 2020. Per USCIS: “If you filed your Form I-485, Application to Register Permanent Residence or Adjust Status, after Feb. 24, 2020, you may be required to file Form I-944, Declaration of Self-Sufficiency. If we receive a Form I-485 before Oct. 13, 2020, that does not have all required forms and evidence, we will request any missing forms and evidence....
USCIS published a temporary final rule providing that, from today, September 23, 2020, through March 22, 2021, asylum applicants who cannot proceed with the asylum interview in English must ordinarily use DHS-provided telephonic interpreters, due to COVID-19. Previously, if the asylum seeker didn't bring an interpreter and couldn't speak English, the affirmative asylum hearing was rescheduled, which meant a longer wait for the applicant.
The current active court case backlog as of the end of August 2020 has grown to 1,246,164—up 11 percent from the beginning of March when the backlog was 1,122,824. Monthly case completions before the March shutdown were running over 40,000. In August just 6,113 cases were completed. Roughly half (52%) of these were ordered deported or given a voluntary departure order. In January 2020, this rate was 75 percent. There were only 1,424 asylum decisions rendered during August 2020. Of the total asylum decisions issued in August 2020, 507 were successful and the judge granted their asylum request while 11...
On October 2, 2020, USCIS will change the premium processing timeframe from 15 calendar days to 15 business days. USCIS may adjust the additional fee for this service for inflation according to the Consumer Price Index (CPI) by notice in the Federal Register.
USCIS announced on September 4, 2020 that submissions postmarked on or after October 2, 2020 must comply with the 10/02/20 edition of the following new or existing forms: • Form I-129H1 • Forms I-129H2A and I-129H2B • Form I-129L • Form I-129O • Form I-129E&TN • Form I-129MISC •Form I-600/I-600A, Supplement 3 •Form I-765 • Form I-912 For applications and petitions that are sent by commercial courier (for example, UPS, FedEx, or DHL), USCIS considers the date on the courier receipt as the postmark date for purposes of filing.
U.S. Immigration and Customs Enforcement (ICE) announced Tuesday, September 1, 2020, that more than 2,000 individuals have been arrested during the period of July 13 to Aug. 20, 2020. About 85 percent of those arrested by ICE on immigration charges also had criminal convictions or pending criminal charges.
On August 25, 2020 Secretary Pompeo, in consultation with the Department of Homeland Security, has temporarily expanded the ability of consular officers to waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification. Previously, only those applicants whose nonimmigrant visa expired within 12 months were eligible for an interview waiver. The Secretary has temporarily extended the expiration period to 24 months. This policy is in effect until December 31, 2020. This change will allow consular officers to continue processing certain nonimmigrant visa applications while limiting the number of applicants who must appear at a...
Individual Immigration
We deliver solutions customized to your individual needs. Whether you are seeking U. S. citizenship or an adjustment of status, we can help!
MORE INFORMATION
Business Immigration
An employer or investor needs the guidance of an experienced law office. AV&A will help you navigate the complex immigration law.
MORE INFORMATION
Family Based Immigration
Our law firm offers knowledgeable legal services in a compassionate atmosphere with the goal of uniting families.
MORE INFORMATION