EAH Immigration Blog

26th Edition of The Best Lawyers in America

Denver, Colorado, August 15, 2019 David Harston, Camila Palmer, and Phil Alterman have once again been selected by their peers for recognition in the 26th Edition of The Best Lawyers in America , for their work in Immigration Law.
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71 Hits

All USCIS International Offices to Close by March 2020

USCIS will close its international offices, starting with Ciudad Juárez (Mexico) and Manila (Philippines). All offices, including the main district offices for the separate regions, are scheduled to close by March 10, 2020. In September 2019, the Monterrey, Mexico, office is projected to close, as well as the station in...
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182 Hits

More on F, J, and M Unlawful Presence Litigation

A district court judge for the Middle District of North Carolina issued a nationwide preliminary injunction, effective immediately, enjoining USCIS’s memo titled “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” originally issued on May 10, 2018, and updated on August 9, 2018, that went into effect on August...
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191 Hits

Fourth Circuit Finds Rescission of DACA Violative of the APA as Arbitrary and Capricious

On May 17, the Court of Appeals for the Fourth Circuit found that the Administration’s rescission of DACA violated the Administrative Procedures Act (APA). The Court of Appeals agreed with the district court that the plaintiffs’ challenges are subject to judicial review and that the government’s decision to rescind DACA...
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200 Hits

New Report: Social Media Monitoring: How the Department of Homeland Security Uses Digital Data in the Name of National Security

On May 22, the Brennan Center for Justice released a new and scathing report, Social Media Monitoring: How the Department of Homeland Security Uses Digital Data in the Name of National Security, that analyzes DHS’s expansion and use of social media information and data collection culled from press reports, information...
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291 Hits

Strict Enforcement of Affidavits of Support (Form I-864) on the Horizon

For the past 20 years, Congress has required a foreign national’s sponsor to sign an affidavit of support (Form I-864) pledging financial support in the event the sponsored foreign national applies for or receives means-tested public benefits. The law requires that when a foreign national receives certain forms of means-tested...
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357 Hits

U.S. House of Representatives Passes Bill to Protect Dreamers, TPS and DED Recipients

The House of Representatives passed the American Dream and Promise Act ( H.R. 6 ) on a bipartisan vote of 237 to 187, the first time the House has passed a bill on protection for Dreamers since 2010. The bill offers permanent legal status for “Dreamers” and thousands of Temporary...
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229 Hits

More on the Government’s Attempts to Restrict Asylum Protection

It seems like every month the Administration comes up with yet another way to restrict the ability of asylum seekers to obtain protection from persecution in order to deter the flow of refugees. On April 29, President Trump issued a memorandum ordering changes to U.S. asylum policies. The memo orders...
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174 Hits

News in Brief

The following additional items may be of interest to our readers: USCIS Begins Premium Processing for H-1B Cap-Subject Petitions: On June 10, USCIS resumed premium processing for all remaining FY2020 H-1B cap-subject petitions. Petitioners may file a Request for Premium Processing Service, with the USCIS service center processing their petition...
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213 Hits

David Harston to serve as panelist at the 2019 AILA Annual Conference

Senior Partner, David Harston to serve as panelist at the 2019 AILA Annual Conference on Immigration Law, on Friday, June 21, 2019.
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250 Hits

Conditional Residents (I-751 Applicants) Should Expect Interviews by USCIS

In late 2018, USCIS issued a new policy memo that limits when officers can waive the interview requirement for Form I-751, the petition certain marriage-based green card holders must submit to remove the condition on their permanent residence. Under the previous policy guidance dated 2005, USCIS officers were advised that...
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1318 Hits

USCIS Makes Clear: Controlled Substance–Related Activity is Conditional Bar to Good Moral Character Determinations for Naturalization Purposes

USCIS has issued guidance to clarify that violation of federal controlled-substance law established by a conviction or admission, including for marijuana, remains a conditional bar to establishing good moral character (GMC) for naturalization, even where that conduct would not be a state law offense. Moreover, an applicant who is involved...
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325 Hits

What? I’m Suddenly Not a U.S. Citizen?

Immigration lawyers have always encountered people who thought they were U.S. citizens only to find out they aren’t. The issue often arises when the individual goes to renew his/her driver’s license and doesn’t have a birth certificate or passport, or when the person seeks to renew his passport. Whether this...
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306 Hits

Denaturalization Efforts by USCIS

The Trump administration is creating a new office within USCIS to focus on identifying immigrants who are suspected of cheating to get their green cards or citizenship and to initiate denaturalization proceedings against them. The new denaturalization office will be located in Los Angeles and will have a least a...
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1252 Hits

Nonimmigrant Visitor Overstays – Next Focus for Administration

The White House recently announced in a Presidential Memorandum that it is focusing on B-1 and B-2 visitor overstays and will begin engaging with relevant governments to identify conditions contributing to high overstay rates among their nationals, and make appropriate recommendations. Twenty countries have overstay rate of more than 10...
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282 Hits

Immigration Lawyers and Advocates Sue Immigration Court in El Paso

AILA and the American Immigration Council recently filed a lawsuit against the U.S. immigration court in El Paso, claiming that the court at the El Paso Service Processing Center (SPC) has arbitrary and unjust rules that decrease asylum-seekers’ chances of staying in the country. The complaint draws from interviews of...
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238 Hits

News in Brief

The following additional items may be of interest to our readers: H-1B Cap Reached in First Week of Filing: USCIS has received enough H-1B cap-subject visa petitions to exceed the statutory limit of 65,000 visas (plus 20,000 Master’s cap visas). In fact, over 201,000 petitions were received this year, a...
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234 Hits

E-2 Visas Available May 1, 2019 to Israeli Citizens

The U.S. embassy in Israel announced that an E-2 treaty investor agreement has been signed between the United States and Israel and will become effective May 1, 2019. Accordingly, Israeli citizens will be able to apply for E-2 visas at the U.S. Embassy Branch Office in Tel Aviv. The embassy...
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195 Hits

Another Blow to Asylum Seekers: Attorney General Strips Their Eligibility for Bond

On April 16, the Attorney General (AG) issued a decision in an asylum case, ruling that asylum seekers who entered between ports of entry – even if they establish a credible fear of persecution – are no longer eligible for release on bond by an immigration judge. The decision sweeps...
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173 Hits

Proposal to Rescind H-4 Work Authorization Pending at OMB

It looks like DHS is close to publishing a regulation that will eliminate the eligibility for employment authorization of certain H-4 dependent spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent resident status. Commonly known as the H-4 EAD rescission regulation, the rule was sent to the Office of...
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249 Hits