EAH Immigration Blog

Immigrant Visa (DS-260) and Nonimmigrant Visa (DS-160) Applications Likely to Include More Detailed History and Social Media Information

The State Department will likely require nonimmigrant and immigrant visa applicants to provide more detailed histories including social media platforms. In a notice of rulemaking governing electronic Forms DS-260 and DS-160, DOS detailed its intention to require visa applicants to provide identifiers for specified social media platforms during the preceding...
Continue reading
  2 Hits
2 Hits

DOS Guidance May Make It Harder for G-4s to Sponsor G-5 Personal Employees

In a recent cable to consular officers, the Department of State reviewed and amended its guidance regarding minimum wage requirements and presumption of ineligibility for visa issuance for A-3, C-3, and G-5 attendants, servants, and personal employees. Most significantly, DOS directs that consular officers must presume that an applicant is...
Continue reading
  2 Hits
2 Hits

President Reaffirms Desire to End “Catch and Release” at Border and Deploys National Guard

On April 6, 2018, President Trump published a memorandum directing the secretaries of Homeland Security, Defense, Justice, and Health and Human Services to update him regarding the steps being taken to end “catch and release” practices.  Catch and release is an unofficial name of a protocol that has been followed...
Continue reading
  16 Hits
16 Hits

ICE Detains Pregnant Women

ICE has changed its policies regarding the handling of pregnant women in detention, breaking from the previous practice of automatically releasing them. Under a new directive, immigration officers will no longer default to trying to release pregnant women in ICE custody. Instead, the policy requires a case-by-case evaluation, and ICE...
Continue reading
  20 Hits
20 Hits

News in Brief

USCIS To Destroy Undeliverable Green Cards and EADs After 60 Days: USCIS announced that it is now destroying permanent resident cards, employment authorization cards, and travel documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted with the correct address. Word to...
Continue reading
  32 Hits
32 Hits

Work Authorization for H-4 Victims of Domestic Violence

The H-4 visa is available for the spouses of those for nationals who have received an H-1B visa. However, unlike many other visa categories for spouses, there are conditions on H-4 visa holders who can apply for and receive work authorization. H-4 visa holders can receive an EAD work if...
Continue reading
  68 Hits
68 Hits

I-9 Compliance in a New World: It’s Not Just Paperwork

Question for employers: How does your company handle its I-9s? Have you even thought about it? Unfortunately, most employers tend to underthink this hugely important human resources component, which affects all its employees, not just foreign nationals. ICE has announced it will increase its worksite audits by “four or five...
Continue reading
  62 Hits
62 Hits

Partner David Harston to speak at the Institute on Advising Nonprofit Organizations

Partner David Harston to speak at the Institute on Advising Nonprofit Organizations in Colorado , on “Charitable Organizations and Immigration Law.” Denver, Colorado (CBA-CLE, May 4, 2018).
  58 Hits
58 Hits

Independence of the Immigration Courts and Due Process Under Attack

The Trump Administration through the Department of Justice (DOJ) has, little by little, implemented a number of policies over the last year that have undermined the independence of the immigration courts and have weaken due process for foreign nationals. Some basics: The immigration courts play a key role in affording...
Continue reading
  60 Hits
60 Hits

Supreme Court Hands Down Two Immigration Cases: Certain Deportable “Crimes of Violence” Ruled Unconstitutionally Vague; Bond Hearings Not Automatic for Prolonged Detainees

The U.S. Supreme Court decided two important immigration cases recently, one holding that part of the law defining a “crime of violence” for deportability purposes was unconstitutionally vague, and the other case holding that there is no automatic right to a bond hearing for those detained for as long as...
Continue reading
  69 Hits
69 Hits

News in Brief

The following additional items may be of interest to our readers: Parole for Entrepreneurs Moving Forward: The international entrepreneur rule allows certain entrepreneurs to be granted “parole” and remain in the U.S. while they develop their business idea. The rule was crafted late in President Obama’s term and was set...
Continue reading
  147 Hits
147 Hits

ICE Still Appearing at Courthouses

ICE has in place a policy governing interior enforcement actions at sensitive locations. These locations have been defined as schools, hospitals, houses of worship, religious/civil events ( e.g., weddings and funeral), and public demonstrations ( e.g., marches and rallies). Under its guidelines, if an enforcement action is set to take...
Continue reading
  149 Hits
149 Hits

SuperLawyers selects EAH lawyers as "Top Rated Immigration Attorneys in Denver, CO"

We are honored that SuperLawyers has selected David Harston and Phil Alterman as Colorado SuperLawyers, another year in a row.
  190 Hits
190 Hits

Court Holds that Administration Cannot Withhold Federal Funds, Even from Sanctuary Jurisdictions

One of President’s Trump’s first actions in office was to make a show of withholding federal funds from sanctuary jurisdictions. In the “Enhancing Public Safety in the Interior of the United States” Executive Order, the President sought to “[e]nsure that jurisdictions that fail to comply with applicable Federal law do...
Continue reading
  131 Hits
131 Hits

OIG Reports Poor Conditions in ICE Detention Facilities

The Office of Inspector General for DHS, the “watchdog” of the department, conducted random site visits at six ICE detention facilities to determine whether the baseline standards of detainee treatment were being met. The resulting report exposed numerous unsatisfactory conditions at several ICE detention facilities. One of the facilities was...
Continue reading
  133 Hits
133 Hits

Part of our team at the Denver’s Immigrant Legal Services Fund Launch

Monday, March 19, 2018 - Denver City and County Building.
  184 Hits
184 Hits

Consular Officers Given Greater Flexibility on Validity Period of Nonimmigrant Visas

A DOS revised note provides guidance to consular officers on how and when to issue nonimmigrant visas for a shorter period of time, or a fewer number of admissions (entries), than that prescribed on the basis of reciprocity if warranted in an individual case. DOS advises that limitations of visa...
Continue reading
  135 Hits
135 Hits

CBP Sending Compliance Emails to Warn VWP Entrants of I-94 Expiration Date

CBP recently announced that it has implemented two new traveler compliance initiatives to allow Visa Waiver Program (VWP) (ESTA) travelers to check the status of their stay in the United States. A new feature added to the I-94 website under the “View Compliance” tab allows VWP travelers to check the...
Continue reading
  160 Hits
160 Hits

Administration Announces Implementation of New Refugee Screening Procedures

When the executive order travel bans were issued, they included directives to the DHS Secretary to review the security risks posed by refugee admissions. In January, DHS announced that additional security enhancements and recommendations to strengthen the integrity of the U.S. Refugee Admissions Program (USRAP) have been implemented. The new...
Continue reading
  97 Hits
97 Hits

Revamping Interviewing Schedule to Address Asylum Backlog

USCIS is no longer scheduling affirmative asylum cases based on a “first in, first scheduled” basis. Now, cases that have been pending less than 21 days will be scheduled first, working backwards toward older cases. This new scheduling approach is purposefully aimed at deterring “individuals from using asylum backlogs solely...
Continue reading
  244 Hits
244 Hits