Among President Biden’s first actions upon being sworn-in as the 46th President of the United States was to issue a Memorandum to “Preserve and Fortify Deferred Action for Childhood Arrivals (DACA).” In the memorandum, issued on January 20, 2021, his first day in office, President Biden calls on the Secretary of Homeland Security to “take all actions he deems appropriate, consistent with applicable law, to preserve and fortify DACA.” While the...

On his first day in office, President Biden has sent a sweeping proposal to Congress to reform our immigration laws. The bill addresses many areas of the current immigration law and contains reforms that immigration advocates have been urging for years. Of course, the bill is only a proposal.  If any immigration reform bill is to be passed into law, it will likely take months and would likely include changes from...

On the first day of his Presidency, the Biden Administration announced a temporary, 100-day pause on deportations/removals of foreign nationals from the United States in order for the Department of Homeland Security (DHS) to complete a comprehensive review and reset of its immigration enforcement priorities and policies. 100 Day Pause on Deportations Starting on January 22, 2021, DHS will pause removals for certain noncitizens who have removal orders entered against them....

On December 04, 2020, a U.S. District Court in the state of New York ordered the Department of Homeland Security (DHS) to fully reinstate the DACA Program. The order, which was effective immediately, requires DHS to start accepting new initial DACA applications, issue work permits with a validity period of two years, and allow DACA recipients to apply for Advance Parole. The order effectively directs DHS to adhere to the terms...

On December 9, 2020, the Department of Homeland Security (DHS) announced that it was extending Temporary Protected Status (TPS) Documentation for individuals with TPS for individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan until October 4, 2021. TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan who properly re-registered during the most recent Registration period DO NOT need to file a new application for re-registration. The extension automatically extends TPS documentation for individuals from those four...

On July 31, 2020, the Department of Homeland Security (DHS) U.S. Citizenship & Immigration Services (USCIS) announced a final rule on the USCIS fee schedule, which includes a major restructuring of the filing fees for processing applications and benefits with the agency.   While the administration has many adjustments to the filing fees for processing cases, the filing fee to become a United States Citizen (Naturalization), will increase more than an 80% increase...

Trudicido por Aminta Menjivar Esta semana, la Corte de Apelaciones Estadounidense del Circuito del Distrito de Columbia en el caso Make the Road New York v. Wolf, fallo que la Administración Trump puede proceder con una expansión de remociones/deportaciones rápidas adentro de los Estados Unidos. En Julio del 2019, la Administración Trump publicó un nuevo reglamento en el registro federal (84 Fed. Reg. 35,409 22 de Julio del 2019) para expandir...

This week, the U.S. Court of Appeals for the D.C. Circuit in Make the Road New York v. Wolf, ruled that the Trump Administration can move forward with an expansion of expedited removal within the United States. In July 2019, the Trump Administration published a new rule in the federal registrar (84 Fed. Reg. 35,409 July 22, 2019) to expand expedited removal inside U.S. borders. Shortly thereafter, a group of associations...

Yesterday, June 22, 2020, President Trump issued a new Presidential Proclamation, “Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The proclamation bans the issuance of H-1B, H-2B, H-4, J-1, J-2, L-1 and L-2 non-immigrant visas and extends the bar on the issuance of certain categories of immigrant visas through December 31, 2020. The proclamation takes effect on June 24, 2020 at 12:01...

On June 18, 2020, the U.S. Supreme Court issued its decision in Department of Homeland Security v. Regents of the University of California, et. al. In a 5 to 4 decision, Chief Justice Roberts delivered the majority opinion of the Court, holding that when the Department of Homeland Security (DHS) announced the termination of the Deferred Action for Childhood Arrivals (DACA) program in September 2017, it failed to consider all relevant...

Through our colleagues at the American Immigration Lawyers Association (AILA), we have learned of a possible extension and expansion of President Trump’s April 22, 2020 Presidential Proclamation 10014, “Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” On April 22, 2020, President Trump issued a Presidential Proclamation suspending the issuance of immigrant visas for certain categories of intending immigrants (lawful...

On March 18, 2020, the U.S. Citizenship and Immigration Services (USCIS) closed its Field Offices for in-person services due to COVID-19. This has resulted in processing delays for applicants with pending applications for adjustment of status (lawful permanent residency / “green card”) and naturalization (U.S. citizenship) which require in-person interviews. In early June, USCIS Field Offices around the United States began reopening for limited services including “drive-up” naturalization oath ceremonies. The...

Below, please find the latest information regarding COVID 19 related office closures as of May 15, 2020 Executive Office of Immigration Review (EOIR): Non-detained Cases postponed through June 12, 2020 On May 15, 2020, EOIR announced that hearings in non-detained cases are postponed through June 12, 2020. This order applies to all non-detained cases nationwide. The Denver Immigration Court – located at 1961 Stout Street, Denver, Colorado – is still open...

Below, please find the latest information regarding COVID 19 related office closures as of April 28, 2020 U.S. Citizenship and Immigration Services (USCIS): - Temporary office closures extended through June 04, 2020 USCIS announced on April 24, 2020 that they are extending the temporary suspension of in-person services at least through June 04, 2020. USCIS advised that Local Field Offices and in-person services at local offices and support centers are preparing...

On April 22, 2020, President Trump issued a presidential proclamation suspending the entry of “aliens as immigrants” for 60 days. The proclamation goes into effect on April 23, 2020 at 11:59p.m. EDT. The proclamation expires in 60 days (on June 23, 2020). However, the President may continue the suspension of entry for additional time. To understand the President’s proclamation, it is important to understand the different mechanisms by which that a...

Many individuals living in the United States, including many non-citizens, are eligible to receive an Economic Impact Payment, or stimulus check, authorized by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Eligible individual taxpayers should automatically receive a payment up to $1,200 and couples who file their taxes jointly will receive a payment up to $2,400. So, who is eligible for the CARES Act payment? The Internal Revenue Service...

On April 20, 2020, the President of the United States tweeted that he will sign an Executive Order to temporarily suspend immigration into the United States. The tweet provided no further details as to what the President meant by suspension of immigration. On April 21, 2020, President Trump stated that the order will only apply to the issuance of “Green Cards” and will last 60 days. The President stated the order...

An employer seeking to offer a foreign worker a job opportunity on a permanent basis may sponsor that foreign worker for employment-based permanent residency. Most often, this requires Labor Certification through the U.S. Department of Labor (DOL). The Labor Certification process, also referred to as PERM, requires that employers “test the labor market” to see if there are any qualified and available U.S. workers for its job opportunity, prior to petitioning...

The U.S. Department of Labor has announced several important policy changes in light of the COVID-19 pandemic which affect employers seeking to file Labor Certification Applications on behalf of foreign workers. On March 20, 2020, DOL announced that, in light of COVID-19, it would permit employers additional time to respond to requests from DOL regarding prevailing wage requests and Labor Certification applications. For deadlines that fall between March 13, 2020 through...

We hope you and your loved ones are staying safe and healthy.  In an effort to keep you informed and up-to-date with applicable COVID-19 related closures and delays at the various immigration agencies, we plan to provide regular blog posts and updates. Below, please find the latest information as of April 2, 2020: U.S. Citizenship and Immigration Services (USCIS): Temporary office closure extended through at least May 03, 2020. USCIS announced on...