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Gate Keeping: U.S. Supreme Court Assesses TPS Recipients' Eligibility to Obtain Green Cards

3 days ago
2 min

Gate Keeping: U.S. Supreme Court Assesses TPS Recipients' Eligibility to Obtain Green Cards

After having held a telephone hearing for a current case, Sanchez v. Mayorkas, the U.S. Supreme Court appears poised to support the Administration's position on a pivotal issue concerning Temporary Protected Status (TPS). Specifically, the Supreme Court may soon rule that TPS holders who entered the U.S. illegally are not eligible to Adjust Status (i.e. become legal permanent residents). This is in accordance with a law that was enacted in 1990. In order to Adjust Status, an

Biden se prepara para animar a su equipo de reforma migratoria con los nominados de CBP y USCIS

Apr 13
2 min

Biden se prepara para animar a su equipo de reforma migratoria con los nominados de CBP y USCIS

En medio de la crisis de la frontera sur, la Casa Blanca está programada para nominar candidatos para dirigir dos agencias críticas con el Departamento de Seguridad Nacional: Aduanas y Protección Fronteriza de EE. UU. (CBP) y Servicios de Ciudadanía e Inmigración de EE. UU. (USCIS). Estas agencias forman un parte integral para determinar cuales ciudadanos extranjeros pueden ingresar y permanecer en los EE. UU. CBP es responsable para la seguridad fronteriza, las aduanas, la i

President Biden Set to Bolster His Immigration Reform Team With CBP and USCIS Nominees

Apr 13
2 min

President Biden Set to Bolster His Immigration Reform Team With CBP and USCIS Nominees

Amid the southern border crisis, the White House is scheduled to nominate candidates to head two critical agencies under the Department of Homeland Security— U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS). These agencies are integral to determining which foreign nationals are allowed to enter and remain in the U.S. CBP is responsible for border security, customs, immigration and facilitating lawful international trade and travel

Expansion of NIE Eligibility for Persons Subject to Geographic Travel Restrictions

Apr 8
3 min

Expansion of NIE Eligibility for Persons Subject to Geographic Travel Restrictions

Today, the Department of State (DOS) announced that it has expanded the qualification criteria for travelers seeking to procure a National Interest Exception (NIE) in order to visit the U.S.. DOS expanded the qualification criteria by adding new categories of individuals who would be eligible to receive NIEs. These developments apply to travelers subject to the travel restrictions outlined in Presidential Proclamations 9984, 9992, and 10143. In a statement, DOS identified the

Curtains for PP 10052! Hope Hovers on the Horizon for Those Seeking Employment Visas

Apr 1
3 min

Curtains for PP 10052! Hope Hovers on the Horizon for Those Seeking Employment Visas

On March 31, 2021, President Trump's Proclamation 10052 expired. This proclamation temporarily suspended the issuance of certain employment-based non-immigrant visas. These included the following visas: H-1B: grants temporary employment for foreign workers in specialty occupations; H-2B: grants employment for non-agricultural foreign workers who provide services for a limited time based on their employer's seasonal/temporary needs; J: permits participation in exchange program

DACA Recipients Left in Limbo Once Again as Federal Judge Defers Ruling

Mar 30
2 min

DACA Recipients Left in Limbo Once Again as Federal Judge Defers Ruling

Earlier today, U.S. District Judge Andrew Hanen deferred ruling on the future of the Deferred Action for Childhood Arrivals (“DACA”) program. After hearing arguments from both sides in this closely watched, high profile case, Texas v. U.S., Judge Hanen extended the deadline for the filing of crucial papers to April 9, 2021. The lawyers representing the State of Texas and various other co-plaintiffs have implored Judge Hanen to hastily invalidate DACA. The DACA recipients impl

A Guide to U.S. Dual Citizenship

Mar 25
2 min

A Guide to U.S. Dual Citizenship

Becoming a U.S. citizen is a momentous occasion. This change in status endows individuals with several new privileges and protections. These include eligibility to: Travel using a U.S. passport; Sponsor family members to live in the U.S. and obtain citizenship for children under 18; Apply for federal grants and scholarships; Apply for public benefits; Apply for federal jobs and run for public office; Serve on a jury; and Vote in U.S. federal elections. Furthermore, U.S. citiz

Biden Administration Grants Relief to Venezuelan Migrants Through Temporary Protected Status

Mar 16
3 min

Biden Administration Grants Relief to Venezuelan Migrants Through Temporary Protected Status

Last week Monday, the White House released a statement indicating that Temporary Protected Status (TPS) will be accessible to Venezuelans present in the U.S. for the next 18 months, until September 2022. The designation was made by the Secretary of Homeland Security Alejandro N. Mayorkas in light of Venezuela’s current humanitarian crisis. The country’s hardships have been marked by ”widespread hunger and malnutrition, a growing influence and presence of non-state armed group

Biden Administration Provides Avenues for Family Reunification

Mar 2
3 min

Biden Administration Provides Avenues for Family Reunification

At a White House briefing on Monday, Secretary of Homeland Security Alejandro Mayorkas has announced avenues of relief for migrant families separated by the U.S. Department of Justice's Trump-era Zero Tolerance policy. He noted that affected families would be given a choice to be reunited in the U.S. or their home countries. Furthermore, the Family Reunification Task Force is set to explore lawful pathways that will permit these individuals to remain in the U.S. and access re

Divisive Public Charge Rule Subject to Review by Court and Federal Agencies

Feb 24
3 min

Divisive Public Charge Rule Subject to Review by Court and Federal Agencies

The last month has witnessed a double assault on actions surrounding public charge inadmissibility. The Supreme Court has agreed to take up a case opposing the Inadmissibility on Public Charge Grounds final rule implemented in 2019 under the Trump administration. This development comes after the Supreme Court set aside numerous attempts by lower courts to freeze the rule through injunctions. This decision follows President Biden's request for actions on public charge inadmiss

Don't Delay, Apply Today! DACA Recipients Face an Uncertain Future as Court Ruling Draws Near

Feb 4
3 min

Don't Delay, Apply Today! DACA Recipients Face an Uncertain Future as Court Ruling Draws Near

In December 2020, thousands of young people flocked to apply for DACA (“Deferred Action for Childhood Arrivals”) after a federal judge ruled to reinstate the program. This celebrated development came after President Trump had attempted to rescind it, deeming it unlawful. In Brooklyn, U.S. District Court Judge Nicholas Garaufis mandated that the Government fully restore the program, and accept and process new applications. The DACA program grants prosecutorial discretion and w

Biden Terminates Discriminatory Travel Bans Impacting Nationals from Muslim & African Countries

Jan 27
4 min

Biden Terminates Discriminatory Travel Bans Impacting Nationals from Muslim & African Countries

In a bid to create a more humane immigration system, President Biden issued Proclamation 10141: ‘Ending Discriminatory Bans on Entry to The United States’. This Proclamation serves to counteract the Executive Order and Presidential Proclamations that the Trump administration issued regarding foreign terrorist entry and other public safety threats. These are the specific Presidential decrees, made by President Trump, which President Biden’s proclamation seeks to address: Execu

The Road Ahead: Processing U.S. Visas Amidst A Global Pandemic

Dec 24, 2020
3 min

The Road Ahead: Processing U.S. Visas Amidst A Global Pandemic

Background In April 2020, the White House implemented Presidential Proclamation 10014 (P.P. 10014). It sought to halt the entrance of immigrants who could present a risk to the United States labor market during the economic recovery associated with the Novel Coronavirus outbreak. In order to safeguard the health and safety of their staff, U.S. Embassies and Consulates across the globe shuttered and ceased visa processing. State Department employees were recalled to the U.S.,

Public Charge Rule Lives... Again... For Now

Nov 4, 2020
1 min

Public Charge Rule Lives... Again... For Now

Earlier today, the U.S. Court of Appeals for the Seventh Circuit entered an administrative stay of the lower district court's ruling. The result of the stay is that USCIS is allowed to deny applications for which I-944 forms were required, but for which I-944s were not given to USCIS. Accordingly, anyone receiving a Request for Initial Evidence seeking I-944 forms should comply until further notice. We assist countless foreign nationals and we will be happy to personally assi

U.S. Federal Court Strikes Down Public Charge Rule Yet Again

Nov 2, 2020
2 min

U.S. Federal Court Strikes Down Public Charge Rule Yet Again

BREAKING: A federal district court has just granted summary judgment vacating the Trump Administration's enhanced "Public Charge Rule" in its entirety. (Cook County, Illinois, et al v. Wolf et al). The court found that the Public Charge Rule, which was promulgated last year, violated the Administrative Procedure Act ("APA") and was therefore unlawful. Today’s victory against the Administration is NOT a mere injunction where the underlying lawsuit remains pending and the Admin

USCIS's Big Ban on Blanks!

Oct 22, 2020
3 min

USCIS's Big Ban on Blanks!

It is unsurprising that this Administration, which brought us policies like "Zero Tolerance Family Separation" and "No Dark Courtrooms", has recently unfurled one of the craziest policies yet: "No Blank Space". This latest policy, which we all wish was merely an opinionated detestation of Taylor Swift's hit song, is arguably the most ridiculous policy yet to be unleashed by this administration. Whether "No Blank Space" is or isn't the brainchild of Stephen Miller, one thing i

U.S. State Department Proposing to Eliminate "B-1 in Lieu of H" Visas.

Oct 20, 2020
2 min

U.S. State Department Proposing to Eliminate "B-1 in Lieu of H" Visas.

The U.S. State Department has announced plans to summarily terminate "B-1 in lieu of H" visas. Immigration lawyers have been regularly applying for these types of visas on behalf of clients who were unable to receive H visas despite being otherwise eligible to receive them. While these visas could not in any way have been classified as "silver bullets", they did offer many foreign nationals an opportunity to work in the U.S for at least 6 months when the corresponding H-1B v

Get USCIS to Waive the Interview for Your U.S. Permanent Residence

Oct 12, 2020
2 min

Get USCIS to Waive the Interview for Your U.S. Permanent Residence

Year after year, countless foreign nationals obtain U.S. permanent residence by marrying U.S. citizens and filing to Adjust Status. (Adjustment of Status is the process by which a foreign national applies for U.S. Permanent Residence from inside of the USA). In such instances, if the underlying marriage is less than two years old at the time that USCIS is ready to approve the foreign national's application, the foreign national will not be unconditionally approved for U.S. pe

Au Pair Program Crippled with Immediate Moratorium

Oct 8, 2020
2 min

Au Pair Program Crippled with Immediate Moratorium

The U.S. Department of State ("DOS") is immediately imposing a moratorium on growth in the J-1 Au Pair Program. This program permits young foreign nationals, 18 to 26 years of age, to be placed with U.S. host families seeking childcare. The program is open to citizens of all nations, except those from countries lacking diplomatic relations with the U.S. Participation in the program lasts for 12 months, but DOS may approve a one-time extension of 6, 9, or 12 months if the au p

Administration Raises the Bar on H-1B Eligibility

Oct 7, 2020
1 min

Administration Raises the Bar on H-1B Eligibility

The Administration is publishing rules that will change the computation of prevailing wage levels, the effect of which will make it more difficult for foreign nationals to obtain H-1B visas. More specifically, USCIS and DOL are publishing interim final rules that will raise the prevailing wages for all occupations for each OES-based wage level. The net effect will be that foreign nationals hoping to apply for H-1B visas will need to have job offers with greater remuneration t