USCIS, July 16, 2024 "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address the new provisions added to the Immigration and Nationality...
DOS, July 15, 2024 " On June 18, 2024, the Biden-Harris Administration announced actions to more efficiently process employment-based nonimmigrant visas for those who have graduated from college...
Cyrus D. Mehta and Jessica Paszko, July 13, 2024 "Portability under Section 204(j) of the Immigration and Nationality Act (INA) allows certain employment-based green card applicants to change jobs...
This document is scheduled to be published in the Federal Register on 07/12/2024 "The Department of State (the Department) publishes a final rule revising the Code of Federal Regulations to amend...
Visa Bulletin for August 2024
Wilkinson v. Garland
"This Court now holds that the application of the exceptional and extremely unusual hardship standard to a given set of facts is reviewable as a question of law under §1252(a)(2)(D). ... The hardship determination in this case was not discretionary. Because the IJ held that M.’s hardship did not satisfy the statutory eligibility criteria, he never reached the second step and exercised his unreviewable discretion to cancel or decline to cancel Wilkinson’s removal. The Third Circuit therefore erred in holding that it lacked jurisdiction to review the IJ’s determination in this case. ... Today’s decision announces nothing more remarkable than the fact that this Court meant what it said in Guerrero-Lasprilla: Mixed questions of law and fact, even when they are primarily factual, fall within the statutory definition of “questions of law” in §1252(a)(2)(D) and are therefore reviewable. ... For these reasons, the Court reverses the Third Circuit’s “jurisdictional” decision, vacates its judgment, and remands the case for further proceedings consistent with this opinion."
[Justice Jackson concurred; Roberts, Alito and Thomas dissented.]