Immigration Blog

On September 28, 2018, USCIS released a memorandum reminding F-1 students on limitations of cap gap protection: "F-1 students who have an H-1B petition that remains pending on Oct. 1, 2018, risk accruing unlawful presence if they continue to work on or after Oct. 1 (unless otherwise authorized to continue employment), as their 'cap-gap' work authorization is only valid through Sept. 30. Due to increased demand for immigration benefits, resulting in higher caseloads as well as a significant surge in premium processing requests, USCIS may not be able to adjudicate H-1B change of status petitions

UPDATE FROM AUGUST 31, 2018 In an August 31, 2018 opinion, the U.S. District Court for the Southern District of Texas declined to issue a preliminary injunction that would have halted the processing of DACA renewal applications. This order means that there are no new changes to the DACA program at this time. It is still being implemented on the terms of the prior court rulings discussed below. The case, Texas v. Nielsen, is a lawsuit brought by seven states challenging the legality of the DACA program and requesting a nationwide injunction to block any DACA grants or renewals going forward

A federal judge ruled that the Trump administration must fully restore the DACA program but delayed the order until August 23, 2018, to allow the government to respond and appeal. In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” The court also denied the government’s motion to reconsider, stating that “The Court has already once given DHS the opportunity to remedy these deficiencies—either by providing a coherent explanation of its legal opinion or by reissuing its decision for bona fide policy reasons

On July 5, 2018, Secretary of Homeland Security Kirstjen M. Nielsen has announced her determination that an extension of the Temporary Protected Status (TPS) designation for Yemen is warranted pursuant to the Immigration and Nationality Act. After carefully reviewing conditions in Yemen with interagency partners, Secretary Nielsen determined that the ongoing armed conflict and extraordinary and temporary conditions that support Yemen’s current designation for TPS continue to exist. Therefore, pursuant to the statute, she has extended Yemen’s TPS designation for 18 months. Individuals from

The current lapse in annual appropriated funding for the U.S. government does not affect USCIS’ fee-funded activities.USCIS' offices will remain open, and all applicants should attend interviews and appointments as scheduled. However, several USCIS programs will either expire or suspend operations, or be otherwise affected, until they receive appropriated funds or are reauthorized by Congress. These include: EB-5 Immigrant Investor Regional Center Program. Regional centers are a public or private economic unit in the United States that promote economic growth. USCIS designates regional centers

The Trump Administration issues new restrictions on travel to the United States. The rules now affect 8 countries. The highlights of the new proclamation: - Includes a total ban on travel to the US by Syrian and North Korean nationals - Bans all travel to the US by Iranian nationals, except those with certain student or exchange visas - Bans all immigrant and most non-immigrant travel for Libyan, Yemeni, and Chadian nationals - The order also bans all travel for certain government officials and their family members from Venezuela ...

1. The President is ending DACA, what do I do now? On September 5, 2017, the Trump Administration set an arbitrary deadline to disenfranchise more than 800,000 young people, declaring the end of the Deferred Action for Childhood Arrivals (DACA) program in six months. The decision to target some of America’s most talented, diverse, and successful immigrants is morally reprehensible. Immigration Solutions LLC remains committee to assisting the immigrant population. Please call us at 617-536-0584 to assess how this development affects your status In addition to recognizing the simple fact that

USCIS has been denying Form I-131 Advance Parole Applications for abandonment in instances where the applicant has traveled abroad during the pendency of the application. The pending Form I-131 application is being denied even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States. In the denial notification, USCIS points to the Form I-131 instructions at page 6 where it states that "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be

USCIS has been denying Form I-131 Advance Parole Applications for abandonment in instances where the applicant has traveled abroad during the pendency of the application. The pending Form I-131 application is being denied even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States. In the denial notification, USCIS points to the Form I-131 instructions at page 6 where it states that "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be