Breakdown of the U.S. Citizenship Act of 2021

Last month, Senator Robert Menendez (D- New Jersey) and Representative Linda Sanchez (D- California) unveiled a newly drafted immigration bill, known as the U.S. Citizenship Act of 2021. The bill is based on a proposal announced by President Biden in...

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Protections from Deportation

There has been a lot of recent news about Deferred Enforced Departure (DED) for Venezuelans and Liberians.  You may ask yourself: what is this all about? Short answer: this is a way for individuals to get an administrative stay of removal or...

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Update on the I-944 Form and the Public Charge Rule

If you are in the process of applying for a green card in the U.S., you may be wondering: “Do I need to fill out the I-944 or provide ALL the evidence requested for this public charge rule?” “Will the current administration get rid...

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Undocumented Immigrants can now get Driver Licenses in Virginia

As of January 1, 2021, Virginia joined fifteen other states that allow undocumented immigrants to receive driver licenses. This new law will permit an estimated 300,000 individuals to qualify for driver licenses.   Eligible applicants will now...

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U.S. Judge enjoins the enforcement of the ‘Death to Asylum Rule’

On January 8, 2021 U.S. District Judge James Donato in San Francisco held that acting Homeland Security Secretary Chad Wolf lacked the authority to promulgate what has been coined the “Death to Asylum Rule”. The rule would have otherwise...

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For Now, Three Presidential Proclamations will Continue to Remain in Effect

  For now, three immigration related presidential proclamations issued under this administration will continue to remain in effect:   Proclamation 10014 Proclamation 10052 Proclamation...

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Updates re Consular Processing Services and Timelines

The Department of State (“DOS”) recently released updated announcements on the phased resumption of its visa services. In its announcements, DOS specified that resumption would occur on a post-by-post basis. To date, no specific dates...

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New Rule will Make it Almost Impossible for Many to Be Eligible for Asylum

On December 11, 2020 DHS and DOJ published a Final Rule in the Federal Register that introduces significant changes to the asylum and credible fear process. These changes will make it nearly impossible for many asylum seekers to be eligible for...

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DACA is fully Reinstated!

On Monday, December 7th, DHS announced on its website that first-time Deferred Action for Childhood Arrivals (DACA) requests will now be accepted along with renewals. One-year grants of extended action and employment authorization will be expanded to...

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New Civics Test to be administered at Naturalization Interviews

After December 1st, United States Citizenship and Immigration Services (USCIS) will administer a new version of the civics test, one of the three tests given at naturalization interviews.  Under the new test, a USCIS officer will ask an applicant...

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Court says USCIS was wrong in refusing to Accept Initial DACA Applications

  On Saturday, a federal judge in New York City ruled that Chad Wolf was not legally serving as acting Homeland Security secretary when he signed rules limiting applications and renewals for the Deferred Action for Childhood Arrivals program...

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Further Restrictions on Asylum Eligibility to take effect November 20th

  On October 20, 2020, the administration announced additional bars to asylum that create further obstacles for asylum...

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Various Lawsuits filed against Department of Labor and the Department of Homeland Security re Changes to Work Visa and Employment Based Immigrant Visa Programs

A total of three lawsuits have been filed against the recently issued DHS and DOL  Interim Final Rule (“IFRs”).   One lawsuit was filed on Friday, October 16th against the DOL IFR which had set dramatically higher wage rates...

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Interim Final Rules Related to the H-1B Program

On October 8, 2020, the Department of Homeland Security (“DHS”) issued an Interim Final Rule (“DHS IFR”) revising the definition of "Specialty Occupation".  That same date, the Department of Labor...

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Court Blocks Executive Order Ordering the Suspension of Entry for NonImmigrants

On October 1st , a federal judge issued a preliminary injunction against the Trump administration’s June 2020 proclamation that suspended the entry of foreign nationals on four categories of work visas (H-1B, L-1, H-2B and most J-1 temporary...

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DHS Proposed Rule Establishing a Fixed Time Period of Admission for F, J, and I Nonimmigrants

On September 25th, a proposed rule from DHS was published in the Federal Register. The proposed rule applies to F visas for international college and university students, J visas for foreign nationals participating in work or school exchange programs...

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USCIS Fee Hike Halted for Now

On September 29th, a controversial USCIS final rule was halted in its tracks.  The U.S. District Court for the Northern District of California issued a preliminary injunction halting implementation of USCIS’s Fee Rule.   Earlier...

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Department of Homeland Security Proposes Sweeping Changes to Biometrics Collection

When a person fills out an immigration form with the Department of Homeland Security (DHS), it is common for that person to have to report to a DHS local office to have their biometrics taken.  Usually, that just means that their fingerprints...

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Appeals Court Decision Allows Department of Homeland Security to End TPS for Many

  In a 2 to 1 decision, the Ninth Circuit Court of Appeals is allowing the Department of Homeland Security (DHS) to move forward with its plan to end temporary protected status (TPS) for Nicaraguans, El Salvadorans, Sudanese, and Haitians....

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Proposed Rule Continues to Threaten the Independence of the Immigration Court System

If you are in removal (deportation) proceedings, you will be scheduled to appear before an immigration judge in immigration court.  There are two immigration courts in the DMV area: one in Arlington, the other in Baltimore.  In immigration...

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