Adjustment of Status
USCIS Is Receiving a Record Number of Citizenship Applications
The average processing time for United States citizenship applications used to take five to seven months – already a lengthy timeline for immigrants waiting to get their citizenship vetted and approved. A spike in applications before and after the 2016 presidential election has caused that wait time to double. Yet,… Read More
A Variety of Legislation Has Been Introduced in Congress to Protect Dreamers
The announcement of the end of the Deferred Action for Childhood Arrivals (DACA) initiative has hit home for many. The public has demonstrated a strong distaste for taking away young, undocumented immigrants’ work permits and targeting them for deportation. Thus the clock is now ticking and pressure is on… Read More
Temporary Protected Status Terminated for Sudan, Extended for South Sudan. Who Is Next?
With the stroke of a pen, the Secretary of Homeland Security upended the lives of over 1,000 Sudanese nationals living in the United States with the announcement this week that Temporary Protected Status (TPS) for Sudan has been terminated. However, nationals of South Sudan fared better, with an 18-month… Read More
USCIS Adds Extra Hurdles for Legally Residing Immigrants
The Trump administration continued its attack on legal immigration this month, announcing that it will start requiring additional in-person interviews for tens of thousands of individuals who have already undergone extensive screening and have been successfully living and working in the United States for years. These unnecessary interviews are likely… Read More
Second Circuit Requires Government to Notify Affected Parties Prior to Visa Petition Revocation
In a breakthrough decision issued at the end of last year, the U.S. Court of Appeals for the Second Circuit, which sits in New York City, ruled that U.S. Citizenship and Immigration Services (USCIS) must provide notice of its intent to revoke an immigrant visa petition to those who… Read More
Visa Bulletin “Do-Over” Undercuts Visa Modernization
Earlier this month, the immigration agencies took a positive step forward in implementing the executive action promise to reform the visa system when they issued the October Visa Bulletin, informing the public about who would be eligible to apply for lawful permanent resident status in October. But now the… Read More
Immigration Appeals Court Reverses Position on Deportation Waivers
In a decision issued last week, the Board of Immigration Appeals (BIA) reversed course and decided that a subset of Legal Permanent Residents (LPRs) who have been convicted of certain crimes may now have an opportunity to avoid deportation by proving to an immigration judge that their removal would cause… Read More
Third Federal Court Rejects Government Interpretation of ‘Admission’ into U.S.
This week, the federal district court for the Eastern District of Pennsylvania ruled that when U.S. Citizenship and Immigration Services (USCIS) granted Melvin Medina—a Honduran citizen who entered the United States without inspection on October 9, 1992—Temporary Protected Status (TPS), it “inspected and admitted” him for purposes of adjustment… Read More
Court Approves Settlement in Duran Gonzalez v. DHS; Webinar Tomorrow
Last week, the federal district court issued its final approval of a settlement agreement in a long pending Ninth Circuit-wide class action, Duran Gonzalez v. DHS. This case involves eligibility for adjustment of status under INA § 245(i) (with an accompanying I-212 waiver application) for individuals who previously were… Read More
American Immigration Council Urges Court to Rule that TPS Recipient Is Eligible to Adjust Status
Last week, the American Immigration Council and Northwest Immigrant Rights Project (NWIRP) filed an amicus curiae brief urging the court to find that noncitizens granted Temporary Protected Status (TPS) are eligible to apply for lawful permanent residence (i.e., adjustment of status), even if they originally entered the United States without… Read More
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