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Immigration Law Blog

Tuesday, July 17, 2018

Memo Evaluating Sessions Position on Gender Based Asylum Claims and Impact on Particular Social Group


By Chloe Thomlinson and Kalpana Peddibhotla

On June 11, 2018 the Attorney General issued a disheartening decision over-ruling the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) stating that, “generally, claims by aliens pertaining to domestic violence  perpetrated by non-governmental actors will not qualify for asylum.” Read more...


Read more . . .


Tuesday, July 17, 2018

Program that offered a quick path to Citizenship to foreign nationals through Military Service may not be delivering on that promise


MAVNI (Military Accessions Vital to National Interest), is a program that was created in 2009 by the Defense Department in order recruit foreign nationals that possess specific skills that are considered valuable to the national interest, such as language and medical skills.  In return for their military service, these recruits were offered an expedited path to U.S. citizenship. 

The program has had it’s share of controversy from the start and was eventually shut down in 2016, after the Obama administration opened it up to DACA recipients, allowing them to apply for it.
Read more . . .


Tuesday, July 17, 2018

H-1B CAP Travel and Stamping Advisory


By Roujin Mozaffarimehr 

  


As H-1B Cap approvals start to trickle in, it is important for Petitioners and Beneficiaries to plan for the anticipated 10/1 start date. The following advisory is specifically for H-1B Cap cases that have been prepared for consular processing.

H-1B Approvals for Consular Processing

Once a Beneficiary’s case is approved, the next step is visa stamping at a local consulate in the Beneficiary’s home country.

We strongly advise Beneficiaries to promptly schedule a visa appointment with their local consulate after the receipt of an H-1B approval. This ensures that the Beneficiaries enter as close to the start date indicated on the form I-129 and approval notice.
Read more . . .


Tuesday, July 17, 2018

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID


By Roujin Mozaffarimehr 

On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to deny applications, petitions, or requests without the issuance of an RFE.[1] In its place, the USCIS has issued the Policy Memorandum, “Issuance of Certain RFEs and NOIDs; Revision to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.
Read more . . .


Tuesday, July 17, 2018

USCIS Issues New Policy Memorandum Requiring the Issuance of NTAs Following Certain Case Denials


By Roujin Mozaffarimehr 

Although the immigration court backlog has exceeded 700,000 cases as of May 2018[1], on June 28, 2018, the USCIS issued a guidance regarding Notices to Appear (NTAs), the charging document issued by DHS that schedules a foreign national for removal proceedings in immigration court.

Under the Service’s new policy, NTAs are to be issued for a wider range of cases, including cases where:

  • There is evidence of fraud;
  • There is evidence of criminal activity;
  • An applicant is denied an immigration benefit and is unlawfully present in the United States.

    See DHS Policy Memo, PM-602-0050.1.
    Read more . . .


Tuesday, July 17, 2018

Travel Ban Waiver Criterion Receive Scrutiny After Supreme Court Upholds Visa Ban


By Ameer Shaikh

On September 24, 2017, President Trump announced Presidential Proclamation 9645, commonly known as the third version of the “Muslim Ban” or “Travel Ban.” In it, nationals from Chad, Iran, Libya, North Korea, Venezuela, Yemen, and Somalia were restricted from traveling to or entering the United States (with some exemptions for legal permanent residents and dual nations). The proclamation provided three criterion for granting a waiver: 1) undue hardship if entry is denied; 2) entry would be in the national interest; and 3) entry would not pose a threat to national security or public safety.
Read more . . .


Monday, June 25, 2018

Memo Regarding Zero Tolerance Policy/ Family Separation Policy

CLICK HERE FOR PDF VERSION

With all of the rapid changes taking place with regard to President Trump’s zero tolerance policy and family separation actions, MPLG has put together a detailed overview of the legal roots of these policies, where these policies stand as of the release of this memorandum, as well as the implications of these policies.

  1. Introduction

    According to the Department of Homeland Security (DHS), as of June 20th 2017, 2,053 children have been separated from their parents, and have been placed in the health and human services funded facilities.[1] Once these children have been separated from their parents they are placed in the custody of Office of Refugee Resettlement (ORR).[2]  According to a statement by Steve Wagner, Acting Assistant Secretary Administration for Children and Families, between October and December 2017, ORR was unable to determine with certainty the whereabouts of 1,475 UAC. On March 2017, the ORR had 755 referrals, while in March 2018, ORR had 4,204 referrals.


Read more . . .


Friday, June 8, 2018

SABA Spearheads Naturalization Clinics Across Nation

On May 19th, 2018 more than 300 immigrants across the nation received guidance from volunteer attorneys on the process of becoming a U.S. citizen.

The South Asian Bar Association (SABA) — anchored by its national immigration panel co-chairs Kalpana Peddibhotla, founder of the Matthews Peddibhotla Law Group, and Tejas Shah, who leads Franczek Radelet's immigration practice — organized naturalization clinics through SABA’s local chapters in Greater Boston, Chicago, Washington DC, Florida, Northern California and Southern California. More than 100 volunteer attorneys and community members assisted with the clinics.


Read more . . .


Friday, June 8, 2018

EAD-75 Day Mark for Service Requests No More

By: Roujin Mozaffarimehr

Breaking: USCIS will no longer accept I-765 service requests at the 75-day mark. As of June 1, 2018, the American Immigration Lawyers Association has confirmed that members have received numerous reports that the USCIS will no long accept calls for I-765 applications for employment authorization documents (EADs) at the 75-day mark unless the applications are outside of USCIS’s posted processing times. Previously, the USCIS was required by regulation to adjudicate EAD applications within 90 days. However, the regulatory timeframe was removed from the rules in January 2017. Since then, processing times have increased dramatically.


Read more . . .


Friday, June 8, 2018

New L-1 Pilot Program for Canadian Citizens Announced by USCIS

By: Roujin Mozaffarimehr

US Citizenship and Immigration Services has announced a new pilot program for Canadian citizens applying for L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA).

The California Service Center and the Customs and Border Protection unit at the Blaine, Washington port of entry have joined together to begin allowing employers to file L-1 applications at the port of entry under new filing guidelines. This includes individual L-1s and L-1 Blankets.

The L-1 visa is for intra-company transfers of executive, managerial, or specialized knowledge employees from entities abroad to offices in the U.S.


Read more . . .


Friday, June 8, 2018

White House Ends Temporary Protected Status for Nepalese Nationals

By: Roujin Mozaffarimehr

On April 26, the Trump Administration announced that it will end Temporary Protected Status for Nepalese nationals, claiming that the living conditions in Nepal have vastly since the April 2015 earthquake, so that those with TPS could return to their homeland.

The 2015 earthquake killed nearly 9,000 people and destroyed tens of thousands of homes. International rehabilitation efforts have helped the residents of Nepal bring some semblance of order back to their lives, but the country is still struggling to recover fully from the disaster.


Read more . . .


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