EAH Immigration Blog

The 2023 Diversity Visa (DV) Lottery program began on October 6 and is open until November 9 at 12 noon EST. The DV Lottery permits natives of low immigration countries to apply for the immigrant visa (Green Card) program, a program that was designed to help diversify the pool of immigrants...

Nationwide, millions of families, businesses, and individuals applying for immigration benefits are waiting longer for USCIS to process and approve applications and petitions. Based on previously available USCIS data, in 2014, an average case took about five months to process. In 2020, an average case took more than nine months. Those...

We are proud to share that the 2022 edition of Best Lawyers in America was recently released, and EAH received “Best Law Firm” honors for the fifth consecutive year!  We are also pleased to announce that Camila Palmer, David Harston, Koby Polaski, Courtney Butler, and Phil Alterman received “Best Lawyers” honors. ...

On September 20, 2021, the President announced that beginning November 8, the United States will lift the travel ban for certain countries (China, Iran, the Schengen Area, the United Kingdom, Ireland, Brazil, South Africa, and India) and instead require proof of vaccination for all foreign travelers. Unlike the old rule that...

DHS Automatically Extending Syrian TPS Applicants’ EADs: DHS announced it is automatically extending the validity of certain EADs with a category code of A12 or C19 issued under TPS for Syria through 3/28/22. For Form I-9, TPS Syria beneficiaries may present qualifying EADs along with an individual notice issued by USCIS...

Redesignation of Haiti for TPS: DHS Secretary Mayorkas announced a new 18-month designation of Haiti for TPS, enabling Haitian nationals and individuals without nationality who last resided in Haiti currently residing in the U.S. as of 5/21/21 to file initial applications for TPS as long as they meet eligibility requirements. Land...

U.S. citizens will be able to return to the United States on an expired U.S. passport through December 31, 2021, if they: are currently abroad seeking to return to the United States;are flying directly to the United States, a U.S. territory, or have only short-term transit (connecting flight) through a foreign...

In February, President Biden signed an Executive Order establishing an Interagency Task Force on the Reunification of Families, in response to the prior administration’s use of immigration laws to intentionally separate children from their parents and legal guardians, including through the use of a zero-tolerance policy. In its first 120 days,...

On May 27, 2021, the DHS issued a highly anticipated memorandum for ICE trial attorneys providing interim guidance on enforcement and removal priorities and exercising prosecutorial discretion. The memorandum should allow ICE attorneys more independence, will help cases be resolved more amicably, will enhance efficiency in immigration court, and will hopefully...

On June 14, 2021, USCIS announced a new policy expanding access to work authorization and protection from deportation for victims of crime who have filed good-faith applications with USCIS. Before this policy change, work authorization would not be granted until the U visa application was decided by USCIS. As USCIS is...

Because most U.S. embassies and consulates are still operating at a reduced capacity due to the continued impact of the COVID-19 pandemic, DOS has announced a priority system for the processing and scheduling of interviews for immigrant visa (IV) applications. A significant backlog of applications remains for IV (as well as...

On June 16, 2021, the Attorney General mercifully vacated precedential decisions in Matter of A-B- and Matter of L-E-A- that were intended to restrict asylum. The prior decisions obstructed those seeking asylum benefits as a result of domestic abuse and gang violence due to familial ties. The old precedent also intended...

USCIS updated policy guidance in its Policy Manual regarding applicants’ registration to vote through a state’s department of motor vehicles or other state benefit application process and the effects on an applicant’s good moral character (GMC). This is a key development because applicants for naturalization must demonstrate GMC during the required...

USCIS has temporarily suspended the biometrics submission requirement for certain applicants filing Form I-539, requesting an extension of stay or a change of status to H-4, L-2, or E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing...

On June 7, 2021, the Supreme Court unanimous held in Sanchez v. Mayorkas that a grant of Temporary Protected Status (TPS) does not qualify as being “admitted and inspected” for purposes of adjustment of status. Prior to this decision, federal circuit courts were split on the issue. Accordingly, many TPS recipients...

Effective June 9, USCIS announced new policies on expedited processing, Requests for Evidence (RFEs), Notices of Intent to Deny (NOIDs), and employment authorization documents. These policies seek to alleviate the negative impact of application process delays and offer applicants additional opportunities to request that their applications be expedited. In addition, the...

TPS for Venezuelans: DHS has designated Venezuela for Temporary Protected Status (TPS) for 18 months, effective 3/9/21 through 9/9/22. The notice also provides information about Deferred Enforced Departure (DED) and DED-related EADs for eligible Venezuelans. TPS Extended for Syria: USCIS announced the extension of the designation of Syria for TPS for...

Effective April 22, the DHS will provide relief to Syrian and Venezuelan citizens who are in the United States as lawful F-1 nonimmigrant status. DHS has recognized that due to the ongoing armed conflict and extraordinary and temporary conditions in Syria and the current humanitarian crises in Venezuela, F-1 nonimmigrant students...

USCIS has experienced delays at certain lockboxes in issuing receipt notices for Form I‐765 for optional practical training (OPT) for F‐1 students. These delays are due to COVID‐19 restrictions, a dramatic increase in filings of certain benefit requests, postal service volume and delays, and other external factors. In an effort to...

On March 18, 2021, Virginia passed legislation allowing for juvenile and family courts to retain jurisdiction of matters where a child has petitioned the court to make findings that would allow them to apply for Special Immigrant Juvenile Status (SIJS) before the age of 21. The law goes into effect on...