The DOJ finalized a rule on December 11, 2020 with far-reaching changes to the process for appealing immigration decisions. The rule will amend the Executive Office for Immigration Review (“EOIR”) regulations regarding the handling of appeals to the Board of Immigration Appeals (“BIA”). The rule removes various procedural protections, emphasizing a perceived need to speed […]
On December 11, 2020, DHS published a final rule titled “Procedures for Asylum and Withholding of Removal; Credible Fear and Reasonable Fear Review”. The rule, scheduled to go into effect on January 11, 2020, creates substantial procedural and evidentiary barriers for asylum seekers, including those fleeing gang-based, gender-based, and family related violence. Essentially, the rule […]
On December 4th, a federal judge in New York overturned the Trump administration’s latest effort to limit the Deferred Action for Childhood Arrivals (DACA) initiative. This decision means that starting December 7, hundreds of thousands of people should be able to apply for DACA for the first time. The court order states that DHS’ July […]
U.S. Citizenship and Immigration Services has updated its policy manual regarding DHS’ discretion in adjudicating adjustment of status applications. The policy update now includes a list ( although not comprehensive) of positive and negative factors that may impact the how DHS’ decision in adjudicating the application and whether a favorable exercise of discretion is warranted. […]
A federal judge has agreed to allow the case, Al Otro Lado v. Wolf to proceed as a class action suit. The 14 plaintiffs and their representatives can seek relief for themselves and the thousands of asylum seekers that have been turned away at the borders. Under the Trump Administration’s Migrant Protection Protocol, thousands of […]
In a new decision by the Board of Immigration Appeals (BIA), Matter of Herrera-Vazquez, BIA held that leaving portions empty on the Notice to Appear (NTA) did not render the document defective. The NTA is the charging document that initiates removal proceedings. There are three main components to an NTA: The biographical information, which lists […]
Due to the continued increase in the number of people infected with the novel coronavirus, USCIS and many other agencies instrumental in processing applications for immigration benefits, have shut down or drastically reduced their functions – leaving many applications and petitions in limbo. The Seattle Field Office was the first USCIS office to temporarily close […]
U.S. Citizenship and Immigration Services (USCIS) has announced that it will use previously submitted biometrics in order to continue processing employment authorization applications while Application Support Centers (ASC) remain closed due to the COVID-19 pandemic. Applicants who had biometics appointments scheduled on or after the March 18 ASC closure will have their applications process normally […]
Activists are pleading with Congress to include immigrants in its relief packages. The Senate has yet to advance the Coronavirus Stimulus Package. Democrats have been very vocal against the stimulus package, stating more than $500 million of the $2 trillion it would cost, would go to large corporations, seemingly undeserving of the funds. If the […]
The Department of State has announced t is temporarily suspending routine visa services at all U.S. embassies and consulates because of the coronavirus.The Department had previously suspended visa services in countries in like Spain and South Korea, but has now moved to suspend the services worldwide.U.S. embassies and consulates will continue to provide urgent and emergency […]
