Immigration Blog

This guidance discusses the current U.S. Citizenship and Immigration Services (USCIS) expedite request policy and procedure, providing tips for foreign nationals on the criteria and process. The most relevant common reasons for such request are urgent and emergency international travel related to Form I-131, Application for Travel Documents. Note that there may be specific benefit requests that are not covered in this guidance. As expedite requests are subject to agency policy and resources, it is important to take into consideration there may be shifting priorities and updates to USCIS

The Alien Registration Act refers to the obligation for noncitizens to register with the Department of Homeland Security. The following guidance is for informational purposes only and it is not meant to be used as legal advice. WHO IS EXCLUDED FROM REGISTRATION? • U.S. citizens • American Indians born in Canada possessing at least 50% of blood of the American Indian race, who are present in the U.S. pursuant to 8 USC §1359 • Members of the Texas Band of Kickapoo Indians who entered the U.S. pursuant to the Texas Bank of Kickapoo Act. WHO QUALIFIES AS BEING REGISTERED? “Any foreign national

The Trump Administration passed the following guidance to Immigration Judges on the pretermission of legally insufficient asylum applications, emphasizing their authority to resolve such cases without a hearing. What are the legal standards for asylum applications? The key legal standards for asylum applications, as outlined in the document, include: Burden of Proof: Aliens in removal proceedings must demonstrate prima facie eligibility for relief or protection from removal. ​ (8 U.S.C. ​ 1229a(C)(4); 8 C.F.R. ​ § 1240.8(d)). ​ Pretermission of Legally Deficient Applications: Adjudicators may

Yesterday the White House published a memo outlining a presidential memorandum aimed at preventing illegal aliens from obtaining benefits under the Social Security Act, detailing responsibilities and actions for various government officials and agencies. How does this Memorandum impact eligibility verification processes? The memorandum impacts eligibility verification processes by directing several measures to ensure that ineligible individuals, particularly illegal aliens, do not receive Social Security Act benefits. ​ Key actions include: Enhanced Verification Measures: Federal agencies

The document outlines a policy update from USCIS that reaffirms the recognition of only two biological sexes, male and female, for benefit requests and related documentation. This policy affects benefit requestors in the following ways: Recognition of Two Biological Sexes: USCIS now recognizes only two biological sexes, male and female, for purposes of adjudicating benefit requests and issuing documents. ​ The previous option of a gender identity marker "X" has been revoked. Sex Determination Based on Birth Certificate: USCIS considers a person’s sex to be that which is generally evidenced on

This blog is for general information only and it does not provide legal advice. You should book a consultation if you’d like to receive advise specific to your situation. This document discusses the Trump administration's immigration enforcement actions against international students, highlighting visa revocations and their implications. ​ Immigration Enforcement Actions The Trump administration is focusing on international students, leading to high-profile arrests and concerns over First Amendment rights. ​ The Department of State (DOS) and Immigration Customs Enforcement (ICE) are targeting

U.S. Citizenship and Immigration Services is announcing a temporary final rule (TFR) that amends existing Department of Homeland Security regulations to provide that the automatic extension period applicable to expiring Employment Authorization Documents (EADs) for  certain EAD renewal applicants who have timely and properly filed Form I-765, Application for Employment Authorization, will be increased from up to 180 days to up to 540 days from the expiration date stated on their EADs. The TFR, which will be effective on April 8, 2024, will help prevent gaps in employment authorization and/or

USCIS has issued additional Child Status Protection Act guidance to allow the agency to exercise its discretion to accept an adjustment application and accord CSPA protections to a foreign national even if more than one year has elapsed since their priority date became current under the State Department’s Visa Bulletin Dates for Filing. The new guidance further refined a February 2023 policy that introduced a more generous formula for calculating an applicant’s CSPA age, thereby offering greater protection against a child aging out of the ability to obtain a green card as a derivative of their

On March 8, 2023, China officially acceded to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, also known as the “Apostille Convention”. The Apostille Convention is an international treaty that simplifies the process of authenticating public documents for use in foreign countries. Prior to China's accession to the Apostille Convention, Chinese nationals who were applying for EB-5 visas were required to have their documents authenticated by the Chinese embassy or consulate in the United States. This process could be time-consuming and expensive, and