Pursuant to pending litigation, the DACA program-once thought expired-is still in operation. USCIS is currently accepting renewal applications, and depending on the outcome of a pending case, may soon start accepting initial applications from those who did not apply for deferred action previously. The benefits of deferred action have been discussed previously, the most notable of which are protection from removal and employment authorization. That being said, not everyone with DACA status will necessarily qualify to renew it. It is not uncommon for those who have been granted DACA to commit acts which will jeopardize their ability to renew. And contrary to popular belief, DWI and criminal felonies are not the only means by which an individual will be denied.
TPS Registration for Honduras Now Open
Last week, USCIS issued an important announcement pertaining to TPS for Honduras. The re-registration procedures have been officially published in the Federal Register, and those wishing to maintain their status through January 5, 2020 (the effective termination date of TPS for Honduras) must get their re-registration forms in between now and August 6, 2018.
Transferring to New School Will Cancel OPT Work Permit | F-1 Student Alert
Last week, we alerted our readers about a forthcoming USCIS policy change for foreign students. Under the new guidelines, scheduled to take effect August 9, 2018, unlawful presence will begin to accrue immediately under a series of triggering events. For more information on the unlawful presence bar and the new policy, please click here.
In yet another sign of how stringently the government intends to treat foreign students, USCIS has also issued a public bulletin regarding Optional Practical Training (OPT) and students who transfer to different schools. The alert reminds F-1 students working with OPT that transferring to another school or beginning a new course of study at a different level automatically terminates their OPT, rendering their work permit or employment authorization cards invalid.
New Unlawful Presence Rules May Affect F-1 Students Who Violate Their Status | 3 and 10 Year Bars
Last week, USCIS issued a new policy memorandum that significantly modifies a long-standing government interpretation of what constitutes unlawful presence for students and exchange visitors. Unlawful presence is an important concept for individuals who stay past their authorized periods of stay because accrual of six months or more may trigger mandatory bars to admission. These bars are colloquially known as the three (when six months or more, but less than one year, of unlawful presence has been accumulated) and ten-year (when one year or more of unlawful presence has accrued) bars. The bars are triggered upon departure of the individual from the United States and essentially ban the applicant from re-entry for three or ten years, absent a waiver.
No More Administrative Closure for Immigration Court Cases
In a previous article, we briefly discussed the differences between administrative closure and judicial termination of an immigration court case. Just last week, Attorney General Jeff Sessions rendered his ruling in Matter of Castro-Tum, 27 I & N Dec. 271 (A.G. 2018). When AG Sessions certified the case to himself a few months ago, the immigration bar was understandably apprehensive, and now it looks like some of those fears have materialized. The decision essentially strips immigration judges of their authority to administratively close cases, when warranted, in the interests of judicial efficiency.
How To File For Your Brother's or Sister's Visa or Green Card | Latest Developments
Over the last few months, the Trump Administration has vociferously touted its plan to reform the immigration system by truncating "chain migration." Put simply, adult children, brothers, sisters, and parents would no longer be eligible through a family relationship to a US citizen or lawful permanent resident. Fortunately, there is no such law yet. US Citizens currently remain able to file I-130s petitions for their siblings under the fourth preference family category-and should strongly consider doing so, given the interminable backlog as well as the specter of extinction.
Immigration Issues 10-Year Green Card By Mistake | Error on Green Card
Occasionally, USCIS may issue green cards that erroneously indicate the wrong date of expiration. In fact, in late 2016, a New York Times article reported that an Officer of Inspector General report found that more than 2400 permanent residents who were approved for and should have been granted conditional green cards were mistakenly given permanent ten year green cards without conditions. Immigrants who receive green cards with administrative errors should not take the mistake lightly. For some, there can be serious ramifications, especially in the context of the above scenario.
Court Orders USCIS To Reinstate DACA and Accept New Applications
In more DACA news, a District of Columbia federal district court ruled last week that the Department of Homeland Security's rescission of the DACA program was arbitrary and capricious. As a consequence, the rescission has been set aside and the government has been ordered not only to accept renewal applications (which it is currently doing as a result of previous litigation) but also new applications for DACA. However, the court stayed the order for a period of 90 days to allow DHS an opportunity to better justify why its decision to end the program was lawful. So while this is a momentous development for Dreamers, any excitement over DACA's resurrection should be tinged with a healthy dose of reality and a soupcon of skepticism. The door is still open for DHS to now legally insulate its reasoning and, in effect, close it for people who may have missed out on the chance to file initial applications. So, for the time being, no new DACA applications-applications being filed for the first time-- will be accepted unless and until the stay is over and the Court has made a final determination as to the government's reasoning. Additionally, while applicants who have previously held DACA status may currently submit renewal applications, this is only provisional relief in connection with pending litigation. If the courts ultimately rule in favor of the government, USCIS may stop accepting DACA applications altogether.
2018 Asylum Update | One-Year Filing Deadline
On March 29, 2018, a federal district court judge granted Summary Judgement on behalf of plaintiffs who were blocked from filing their asylum claims. In the ruling, Judge Ricardo S. Martinez held that the government's failure to furnish sufficient notice of the general one-year filing deadline violated portions of the Immigration and Nationality Act, the Administrative Procedures Act, and the 5th Amendment Due Process clause. The upshot is that the Department of Homeland Security must now adopt and provide notice of the one-year filing deadline to all current and future class members who have been affected by the government's dereliction. Additionally, the government has been ordered to adopt and publicize "uniform procedural mechanisms" that enable all class members to file their asylum cases in a timely manner.
Problems for Citizenship | Citizenship and Naturalization Lawyer in NJ
In an earlier post, we previously discussed some permanent bars to citizenship, the most prominent of which were murder (which should be no surprise) and aggravated felonies, arguably the most virulent type of crime for immigration. But these are not the only kind of issues that can imperil a naturalization application or worse, jeopardize an individual's status. There are other factors outside of the permanent bars to good moral character that, if present, warrant thorough consultation with an immigration attorney. Three worth mentioning are false claims to US citizenship; unlawful voting; and acquisition of permanent residence through fraud, mistake, or error.
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