USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID By Roujin Mozaffarimehr On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to…
USCIS Issues New Policy Memorandum Requiring the Issuance of NTAs Following Certain Case Denials By Roujin Mozaffarimehr Although the immigration court backlog has exceeded 700,000 cases as of May 2018[1], on June 28, 2018, the USCIS issued a guidance regarding Notices to Appear (NTAs), the charging document issued by DHS that schedules a foreign national…
DHS Puts International Entrepreneur Rule on Chopping Block By: Roujin Mozaffarimehr On May 25, U.S. Citizenship and Immigration Services proposed to end the International Entrepreneur Rule (IER) of January 2017, which allowed the Department of Homeland Security to grant a 30 month stay period to foreign entrepreneurs who demonstrated they would provide a significant public…
Rule Rescinding Work Authorization for Certain H-4 Visa Holders is in Final Review, Says DHS in Court Filing In a court filing on May 22, 2018 the Department of Homeland Security (DHS) stated a rule rescinding work authorization for certain H-4 visa holders was under final review and would soon be submitted to the Office…
Trump Administration Places Increased Pressure on Immigration Courts By: Maleeha Haq Policies adopted by the Trump administration have put the already beleaguered immigration court system under increased pressure. The immigration court system operates within the Department of Justice. Its judges are not members of an independent judiciary, but rather are bound by the rules and…
USCIS Draft Policy Signals Massive Changes in Rules for International Students By: Roujin Mozaffarimehr The USCIS has changed its policy on accrued unlawful presence by nonimmigrant students and exchange visitors in F, J and M status (including dependents). On May 11, 2018, The USCIS issued a policy memorandum that will take effect on August 9,…
White House Ends Temporary Protected Status for Nepalese Nationals By: Roujin Mozaffarimehr On April 26, the Trump Administration announced that it will end Temporary Protected Status for Nepalese nationals, claiming that the living conditions in Nepal have vastly since the April 2015 earthquake, so that those with TPS could return to their homeland. The 2015…
New L-1 Pilot Program for Canadian Citizens Announced by USCIS By: Roujin Mozaffarimehr US Citizenship and Immigration Services has announced a new pilot program for Canadian citizens applying for L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). The California Service Center and the Customs and Border Protection unit at the Blaine, Washington…
SABA Spearheads Naturalization Clinics Across Nation On May 19th, 2018 more than 300 immigrants across the nation received guidance from volunteer attorneys on the process of becoming a U.S. citizen. The South Asian Bar Association (SABA) — anchored by its national immigration panel co-chairs Kalpana Peddibhotla, founder of the Matthews Peddibhotla Law Group, and Tejas…
EAD-75 Day Mark for Service Requests No More By: Roujin Mozaffarimehr Breaking: USCIS will no longer accept I-765 service requests at the 75-day mark. As of June 1, 2018, the American Immigration Lawyers Association has confirmed that members have received numerous reports that the USCIS will no long accept calls for I-765 applications for employment…