On August 12, 2019, the U.S. Department of Homeland Security (DHS) announced a new regulation that prescribes how the Department will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. Learn more about who is affected and how this development could potentially impact your green card application.
The American Immigration Lawyers Association (AILA) recently released information on the recent processing delays at the U.S. Citizenship and Immigration Services (USCIS), saying that the delays have reached crisis levels. We are sharing this information to our clients and readers experiencing delays with the adjudication of their immigration applications at USCIS.
UPDATED: January 3, 2019
U.S. Citizenship and Immigration Services (USCIS) fee-funded services remain unaffected by the shutdown. However, Immigration Court (EOIR) is closed except for detained cases. ICE enforcement and removal operations will continue, and ICE attorneys are working on the detained docket. Assume that check-ins are proceeding as per usual. The Department of State is still providing passport and visa services. U.S. district courts are all reacting differently in different jurisdictions. Contact the relevant court to see how the shutdown may affect your case.
On November 9, 2018, President Trump issued a proclamation barring any individuals entering without inspection from seeking asylum. Ten days later, a Federal Judge issued a temporary injunction blocking the administration from implementing the new policy, saying it likely violated federal law on asylum eligibility. Learn more about this new development.
Beginning October 1, 2018, the U.S. Citizenship and Immigration Services (USCIS) will begin implementing the June 28 Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM) (PDF, 140 KB), which affects green card applicants applying for permanent residency and individuals who are applying to change or extend their nonimmigrant visa status. Read our FAQs here.
REVISED: October 1, 2018
On September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule that if implemented as written, would prevent immigrants from securing lawful permanent residence and remaining with their families in the United States, simply because at any time in the past, they (or their dependents) received some type of basic health care support, nutrition assistance, or other vital services.
On Friday, August 3, 2018, U.S. Federal Judge John Bates ruled that the Trump administration's decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was made on unreasonable grounds or without any proper consideration of circumstances, and that it must fully restore the program with a 20-day postponement until August 23, 2018, to allow the government to respond and appeal.
UPDATED JULY 30, 2018
On July 5, 2018, U.S. Citizenship and Immigration Services (USCIS) published new guidance, dated June 28, 2018, regarding Notices to Appear (NTA). An NTA is a charging document that is issued to foreign nationals, placing them in removal proceedings and directing them to appear before an immigration judge. Immigration advocates fear that this will new policy will make immigrants more vulnerable and have a chilling effect on communities of color.