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USCIS Clarifies Physical Presence Requirements

USCIS issued a policy alert on February 26, 2020 which updates and clarifies continuous presence requirements for green card holders filing for naturalization. The policy alert specifically refers to absences from the US that are longer than six months, but less than one year. 

Currently,...

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Changes to the H-1B process

USCIS has announced that the proposed new H-1B registration system will take effect on March 1, 2020. The new system will save employers time and money, as it will inform them if their petition has been accepted in the H-1B lottery before they file the full application.

The registration period...

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Judge Blocks Unlawful Presence Calculation Policy

A federal judge has issued another nationwide injunction on a policy proposal that would make it more difficult for certain individuals to overstay temporary J, M, and F visas. J, M, and F visas are three types of nonimmigrant (temporary) visas that are issued to foreign students and cultural...

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Why are Immigration Judges Quitting?

As one of the most highly-revered positions in the judicial system, judges dedicate their lives to upholding the foundational principles of the United States Constitution. Recently, however, many immigration judges have found themselves facing a dilemma. They must balance their duty to embody...

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Filing Fees Increase Postponed to February 10

At the end of 2019, USCIS announced plans to drastically increase filing fees for all applications. The plan, originally announced on November 14, 2019, has been on hold while the necessary comment and approval procedures take place. In December, the proposal was adjusted and the comment period...

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Supreme Court Upholds Public Charge Rule

We’ve been following developments in the Trump administration’s proposed “public charge” rule since August 2019. The policy, which would dramatically impact low-income immigrants and their families, has been continuously challenged in court and implementation has been...

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Pregnant Women Denied Visitor Visas

The Department of State has issued a new policy alert asserting that pregnant women who seek to enter the US on a B1/B2 visa (for visiting friends or family or for medical treatment) will face additional scrutiny. The proposed policy aims to reduce what is known as “birth tourism” in...

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Can Asylum Seekers be Sent to Third Party Countries?

A San Diego federal judge ruled last week that asylum-seekers who have expressed fear about being returned to Mexico must have access to an attorney before and during their non-refoulement interviews, where it is determined whether they will be forcibly returned to a country where they could...

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Don't Leave Fields Blank on Your Immigration Forms!

USCIS has issued a new policy alert regarding best practice for completing the I-918, Petition for U Nonimmigrant Status. The alert states that USCIS will begin rejecting forms that contain blank fields, unless the field specifically states that the question is optional. This is a new example of...

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Migrants Targeted in Courthouse Raides

Despite an ongoing lawsuit and official directives restricting the practice, new reports show that Immigrations and Customs Enforcement agents have continued the practice of arresting migrants at state courthouses.

The Immigrant Defense Project, a New York based nonprofit that pushes for...

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Courts Continue to Block Trump's Public Charge Rule

A federal judge in New York denied motions to lift an injunction blocking the Trump administration’s upcoming public charge rule in January 2020, thereby continuing to prevent the rule from taking effect. Immigration officials have been able to deny prospective immigrants due to their...

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Iranian-Americans Detained at US Border

In the few days following the assassination of Iranian General Qasem Soleimani, as many as 200 Iranians and Iranian-Americans have been detained and held for secondary questioning at the US-Canada border. According to the Council on American-Islamic Relations (CAIR), a non-profit group dedicated...

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