April 04, 2023

Venues for Administrative Naturalization Ceremonies

USCIS, Apr. 4, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify the types of venues USCIS may use for administrative naturalization ceremonies and the considerations for accepting offers to donate use of facilities.

March 31, 2023

Cap Reached for Additional Returning Worker H-2B Visas for the Early Second Half of FY 2023

USCIS, Mar. 31, 2023 "U.S. Citizenship and Immigration Services has received enough petitions to reach the cap for the additional 16,500 H-2B visas made available for returning workers for the early second half of fiscal year (FY) 2023 with start dates from April 1, 2023 to May 14, 2023, under the  FY 2023 H-2B supplemental visa temporary final rule . We will reject and return any H-2B petitions received after...

March 31, 2023

USCIS Updates Policy Guidance on Self-Selecting a Gender Marker on Forms and Documents

USCIS, Mar. 31, 2023 "U.S. Citizenship and Immigration Services is updating policy guidance in the  USCIS Policy Manual  to clarify that, effective immediately, USCIS will accept the self-identified gender marker for individuals requesting immigration benefits. The gender marker they select does not need to match the gender marker indicated on their supporting documentation. The update also clarifies that people...

March 31, 2023

CA6 on Abuse of Discretion, Burden of Proof, and Loss to the Victim: Al-Adily v. Garland

Al-Adily v. Garland (2-1) "Habib Al-Adily, a citizen of Iraq and a lawful permanent resident of the United States, was late in returning his rental car to Thrifty-Rent-a-Car (Thrifty). He was indicted under a Michigan statute criminalizing the willful failure to timely return rental property, an offense to which he pleaded guilty and for which he was ordered to pay over $10,000 in restitution to Thrifty. Two Immigration...

March 31, 2023

USCIS Removes 60-Day Rule for Medicals

USCIS, Mar. 31, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to remove the requirement that the civil surgeon’s signature on the Report of Immigration Medical Examination and Vaccination Record (Form I-693) be dated no more than 60 days before an applicant files the application for the underlying immigration benefit. ... This guidance, contained in...

March 29, 2023

H-2A Sheepherders Vindicated in Suit

Towards Justice, Mar. 28, 2023 "Last week, a federal district court in the  District of Nevada ruled  in favor of a proposed class of migrant sheepherders who allege that an association of sheep ranches has colluded to suppress their wages and restrict their ability to seek out jobs where they would receive better treatment. The order is a major victory in a long-running effort on the part of some of the lowest...

March 29, 2023

USCIS Updates Policy on Time Frames for Paper-Based Filings and Responses Ending on Saturdays, Sundays, or Federal Holidays

USCIS, Mar. 29, 2023 "We are updating the  USCIS Policy Manual (PDF, 317.61 KB)  to address situations when the last day to file a benefit request or respond to a USCIS action falls on a Saturday, Sunday, or federal holiday. In these situations, we will consider a filing or response submitted on paper timely if we receive it by the end of the next business day. While the receipt date for these cases will continue...

March 28, 2023

CA5 Awards EAJA Fees: Nkenglefac v. Garland

Nkenglefac v. Garland "On May 18, 2022, this court granted Giscard Nkenglefac’s petition for review of the Board of Immigration Appeals’s (BIA) dismissal of petitioner’s appeal from the immigration judge’s (IJ) denial of his application for relief from removal. See Nkenglefac v. Garland, 34 F.4th 422, 430 (2022). Because the IJ’s adverse credibility determination was not supported...

March 27, 2023

DOS NIV Fee Hikes: Final Rule

This document is scheduled to be published in the Federal Register on 03/28/2023 "This rule adopts as final adjustments to the Schedule of Fees for Consular Services (Schedule of Fees) for several nonimmigrant visa (NIV) application processing fees and the Border Crossing Card (BCC) for Mexican citizens age 15 and over. These adjustments are based on the findings of the most recently approved update to the Cost...

March 27, 2023

Exchange Visitor IFR

This document is scheduled to be published in the Federal Register on 03/28/2023 "The U.S. Department of State (Department of State) is publishing an interim final rule with request for comment (interim final rule) for Exchange Visitor Program regulations, the regulations that apply to sponsors the Department of State designates to conduct international educational and cultural exchange programs. The Department...

March 27, 2023

DOS Interprets the INA

This document is scheduled to be published in the Federal Register on 03/28/2023 "The Department of State (“Department”) is issuing this document to state its interpretation of certain provisions in the Immigration and Nationality Act (INA) regarding the availability of immigrant visa numbers in categories subject to an annual numerical limit. To ensure that Department practice is consistent with these INA provisions...

March 27, 2023

Habeas Victory in Colorado: Andrade de Zarate v. Choate

Andrade de Zarate v. Choate "Ms. Andrade has been in custody at the Aurora Detention Facility for over 14 months. ... Ms. Andrade claims that her detention without a bond hearing has become unconstitutionally prolonged. ... [T]he Court finds that Ms. Andrade’s detention for over fourteen months without a bond hearing violates her Due Process rights under the Fifth Amendment. ... ORDERED that respondents shall hold...

March 26, 2023

VAWA Cancellation of Removal Practice Advisory

NIPNLG, Mar. 2023 "This practice advisory introduces and provides an overview of the eligibility requirements for VAWA cancellation. ... Publication of the Immigrant Legal Resource Center (ILRC) and the National Immigration Project of the National Lawyers Guild (NIPNLG). This practice advisory is released under a Creative Commons Attribution 4.0 International License (CC BY 4.0). The authors of this practice advisory...

March 26, 2023

PRACTICE ALERT: APRIL 2023 VISA BULLETIN CHANGES IMPACTING SIJS RECIPIENTS

End SIJS Backlog Coalition, Mar. 24, 2023 "On March 22, 2023, the U.S. Department of State (“State Department”) released the April 2023 Visa Bulletin, in which it announced significant changes to the way certain employment-based visas are allocated. Because children granted Special Immigrant Juvenile Status (“SIJS recipients”) receive visas through the employment-based fourth preference...

March 26, 2023

Strategies and Considerations in the Wake of Niz-Chavez v. Garland: Updated

NIPNLG, AIC, Mar. 24, 2023 "This practice advisory will discuss the Supreme Court’s decisions in Niz-Chavez and Pereira and provide strategies for practitioners to consider in cases where the client’s NTA was defective. As this area of the law continues to develop, practitioners should use this practice advisory as a starting point but engage in their own research into the state of the law.  ... Copyright (c) 2023...

March 26, 2023

Practice Manual: Labor-Based Deferred Action

NILC, NIPNLG, UWU, Tulane Clinic, Mar. 24, 2023 "This Practice Manual is intended for immigration practitioners representing workers applying for Labor-Based Deferred Action. ... The manual is intended for authorized immigration practitioners and is not a substitute for independent legal advice provided by immigration practitioners familiar with a client’s case. Practitioners should independently confirm whether...

March 26, 2023

CBP Violated American Pastor's First Amendment Rights

Dousa v. DHS "In late 2018, Pastor Dousa, through New Sanctuary, was involved in organizing a ‘Sanctuary Caravan’ of faith leaders, congregants, and humanitarian workers to Tijuana to provide pastoral services and support to migrants in the Migrant Caravan. ... Dousa was detained and interviewed by Burnett and CBP Agent 1 regarding her ministry to members of the migrant caravan. ... According to Dousa, these events...

March 24, 2023

Matter of GARCIA, 28 I&N Dec. 693 (BIA 2023)

Matter of GARCIA, 28 I&N Dec. 693 (BIA 2023) Headnote: For choice of law purposes, the controlling circuit law in Immigration Court proceedings is the law governing the geographic location of the Immigration Court where venue lies, namely where jurisdiction vests and proceedings commence upon the filing of a charging document, and will only change if an Immigration Judge subsequently grants a change of venue to...

March 24, 2023

Advance Copy of "Third Country" Final Rule (Eff. Mar. 25, 2023)

This document is scheduled to be published in the Federal Register on 03/28/2023 "This rule amends existing Department of Homeland Security (“DHS”) and Department of Justice (“DOJ”) (collectively, “the Departments”) regulations to implement the Additional Protocol to the Agreement between The Government of the United States of America and The Government of Canada For Cooperation in the Examination of Refugee Status...

March 23, 2023

EOIR to Host Listening Session: Seeks Feedback About Language Access Initiatives and Services

EOIR, Mar. 22, 2023 "The Executive Office for Immigration Review (EOIR) invites interested parties to attend a public listening session regarding language access for individuals who interact with the agency. EOIR is dedicated to improving access to the agency and is interested in feedback related to language access initiatives and services for those appearing before the immigration court or with other business...

March 22, 2023

DOS Notice: Employment-Based Preference Immigrant Visa Final Action Dates and Dates for Filing for El Salvador, Guatemala, and Honduras

DOS, Mar. 22, 2023 "Based on INA standards and expected demand from these countries for family-sponsored and employment-based preference visas, the Department of State is no longer including a separate column covering applicants chargeable to El Salvador, Guatemala, or Honduras in the charts titled, “Final Action Dates for Employment-Based Preference Cases” and “Dates for Filing of Employment-Based Visa Applications...

March 22, 2023

Visa Bulletin for April 2023

Visa Bulletin for April 2023 Notes: D.   EMPLOYMENT-BASED SECOND PREFERENCE (EB-2) RETROGRESSION FOR REST OF WORLD COUNTRIES, INDIA, MEXICO, and PHILIPPINES Item D in the March 2023  Visa Bulletin  warned that retrogression in the Employment-Based Second Preference (EB-2) category was likely due to much higher than expected number use and demand since December 2022. The Department and USCIS continue to see high...

March 22, 2023

Rosa-Rodriguez v. Garland Vacated, to be Reheard En Banc

Rosa-Rodriguez v. Garland, Mar. 22, 2023 "Upon the vote of a majority of nonrecused active judges, it is ordered that this case be reheard en banc pursuant to Federal Rule of Appellate Procedure 35(a) and Circuit Rule 35-3. The three-judge panel opinion published at 49 F.4th 1282 (9th Cir. 2022) is vacated. Judge Koh did not participate in the deliberations or vote in this case."

March 22, 2023

USCIS Policy Alert: Revision of Request for Certification of Military or Naval Service (Form N-426)

USCIS, Mar. 22, 2023 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to provide that only applicants for naturalization under Section 328 or Section 329 of the Immigration and Nationality Act (INA) who are currently serving in the U.S. armed forces are required to file a Request for Certification of Military or Naval Service (Form N-426) along with their...

March 17, 2023

USCIS Alert: H-1B Registration Process (Mar. 17, 2023)

USCIS - "On Thursday, March 16, 2023, some users were not able to complete the H-1B registration process. USCIS has corrected this technical issue and will now accept registrations until 5:00 p.m. Eastern on Monday, March 20, 2023. Please note that any paid and completed registrations were not affected by this technical issue."