Court Orders USCIS to Issue an RFE to Certain Employment Based Applicants

Court Orders USCIS to Issue an RFE to Certain Employment Based Applicants

A federal judge ruled that U.S. Citizenship and Immigration Services (USCIS) should have sent a Request for Evidence (RFE) to an Indian executive beneficiary of an employment-based immigrant visa petition, in addition to the petitioning employer. The case involves a federal statute that allows a foreign national to switch jobs while their adjustment application remains pending. The …

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ICE Issues Its Interim Civil Immigration Enforcement Priorities

ICE Issues Its Interim Civil Immigration Enforcement Priorities

U.S. Immigration and Customs Enforcement, on May 27, 2021, issued its interim guidance on civil immigration enforcement priorities, giving prosecutors more discretion to decide which immigration cases to pursue. Attorneys of the Office of the Principal Legal Advisor (OPLA) are responsible for initiating removal proceedings against a person based on the factors outlined in the …

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June 2021 Updated Information on COVID-19 Restrictions and Entry to the United States

June 2021 Updated Information on COVID-19 Restrictions and Entry to the United States

The U.S. Department of State (DOS) released new information on COVID-19 travel restrictions contained in four presidential proclamations affecting China, Ireland, the United Kingdom, the Schengen Area, Brazil, South Africa, Iran and India. The proclamations bar U.S. admission for noncitizens who were in any of 33 specified countries in the 14 days preceding their entry …

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USCIS Waives Interviews for Certain Adjustment of Status Applicants

USCIS has begun exercising case-by-case discretion in waiving in-person interviews for certain adjustment of status applicants. As background, on October 1, 2017, and onward, the prior administration began requiring that all adjustment of status applications based on employment be interviewed prior to adjudicating each application. By mid-2021, USCIS is exercising its discretion to waiver such …

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ICE Provides Policy Guidance on Its Activities Around Courthouses

ICE Provides Policy Guidance on Its Activities Around Courthouses

The U.S. Department of Homeland Security (DHS) announced that federal agents will now have limited power to make arrests in or near courthouses for most immigration violations. New guidance issued on April 27, 2021, specifies the circumstances in which agents from the U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) …

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CRS Issues Report on the Immigration Status of the U.S. Foreign Born Population

CRS Issues Report on the Immigration Status of the U.S. Foreign Born Population

The Congressional Research Service (CRS) issued a report on April 9, 2021, discussing the citizenship and immigration status of the foreign-born population in the United States. Data from 2019 shows that nearly 45 million foreign-born individuals are living in the country, accounting for around 13.7 percent of the U.S. population. The report noted that the …

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GAO Discusses ICE’s Planning and Oversight Over State and Local Agreements

GAO Discusses ICE’s Planning and Oversight Over State and Local Agreements

The Government Accountability Office (GAO) on February 26, 2021, released a report discussing the U.S. Immigration and Customs Enforcement (ICE) efforts and objectives in expanding the 287(g) program. The watchdog Congressional office also issued three recommendations to ICE to address various oversight and performance issues. As background, the 287(g) program allows ICE to establish agreements …

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