Psychological Exams Of Migrant Parents Approved

An Arizona federal judge approved the use of psychological exams of asylum-seeking parents who are suing the U.S. government for damages due to separation from their children. The group primarily is bringing legal action due to actions at the southwestern U.S. border.

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Immigration Courts Have Authority to End Removals

The Biden administration reinstated immigration judges’ ability to end removal proceedings at their discretion. The administration is also creating a new policy. Immigration courts can now terminate removal matters where they feel it is legally appropriate to do so.

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Federal Judge Vacates Title 42, DHS Moves to Delay Until December 21

Federal Judge Sullivan of the Washington DC District Court issued a ruling vacating the controversial Title 42 policy, permanently enjoining the Department of Homeland Security (DHS) from applying it to migrants crossing into the US. The ruling decided a lawsuit brought by a group of asylum-seekers against DHS, wherein the plaintiff group claimed that Title 42 was an arbitrary and capricious immigration policy that harms expelled migrants, and sought a court order prohibiting its application.

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December 2022 Visa Bulletin: Retrogression And Mixed Movement

The December 2022 Visa Bulletin sees Retrogression For India In EB-2 Category with small movement in EB-3 India Dates. See how other changes may affect you to ensure you maximize your odds of a successful outcome.

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Efforts to Establish DACA During Lame-Duck Session

Several Democratic leaders in both the House and the Senate are making efforts to pass into legislation the Deferred Action for Childhood Arrivals (DACA) program for this ‘lame-duck’ session. The session has many priorities, including passing a budget, addressing the U.S. debt ceiling, passing legislation to retain same-sex marriage, DACA, and other critical items. How many of these issues can be passed during this session is unknown.

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In-State Tuition To Be Available For Arizona DACA ‘Dreamers’

Arizona passed a law giving qualified undocumented students who have graduated from an Arizona high school eligibility for in-state tuition for their state universities. Arizona voters passed the measure giving some DACA visa holders this option to provide university access. Certain requirements apply.

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TPS Status Extension For 337,000 Immigrants Through 2024

Deportation protection and work permits for an estimated 337,000 immigrants from El Salvador, Honduras, Nepal, and Nicaragua and qualifying individuals from Haiti and Sudan, are extended through the summer of 2024, per the Biden Administration.

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Our Perspective: Options After Layoff or Termination of H-1B Employment

Current tech companies are cutting jobs and laying off big sections of their workforce. The layoffs are affecting U.S. citizens, green card holders, non-immigrant work visa holders, as well as “immigrant applicants,” whose employment-based green cards are currently underway. Understand your options to remain in compliance.

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USCIS Announces Online Filing for Affirmative Asylum Applications

U.S. Citizenship and Immigration Services announced that Form I-589, Application for Asylum and for Withholding of Removal, is available to file online for qualifying affirmative asylum applicants. USCIS also continues to accept the latest paper version by mail. See if you qualify for online filing.

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E-Verify Requirements Reminder

The E-Verify portal is a beneficial tool for employers to easily and quickly complete the verification process for employment. E-Verify accounts are created and valid at the employer level. If an individual changes employer, they cannot use their previous account associated with the previous employer to complete the E-Verify process.

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DHS Begins Limited Implementation of DACA Final Rule

USCIS announced the current DACA Final Rule implementation, with related holds, while the DACA program remains a topic of litigation. Limited implementation began on October 31, 2022.

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Investors Assume Risk, Says EB-5 Center

A lawsuit claims an EB-5 center defrauded investors of $57 million. The center, located in New York, states investors know and understand the related risk of these investments. Further, the center states the investors successfully applied for U.S. green cards through the program, achieving that goal.

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Frequently Asked Questions: Fiancé and Marriage-Based Visas

For most people, navigating the U.S. immigration system can be challenging. There are so many eligibility requirements, and the application process itself can feel very complicated. This can be particularly overwhelming when the stakes are high, like when you are trying to obtain immigration status for your significant other so you can be together in the U.S. There are some different options, depending on the particular circumstances, which can make this task feel even more daunting. This article aims to clear up some of those questions, so you will have the confidence you need to move forward.

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Foreign Spouses’ Work Authorization Opportunity

A study from the National Foundation for American Policy, a nonpartisan research group, found the U.S. would greatly benefit by expanding work authorization for spouses of H-1B visa holders. The study found that H-1B holders’ spouses typically are also highly educated and skilled. This could greatly benefit the U.S. in terms of accessing an existing source of skilled workers.

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CW-1 Petitions Update

U.S. Citizenship and Immigration Services (USCIS) announced updates to the CW-1 petitions. This is a clarification of a policy announced in August 2022. Certain limitations apply and as always, preparation is key.

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ACICS Accreditation Loss May Affect STEM OPT, H-1B, and I-140 Applicants

U.S. Citizenship and Immigration Services (USCIS) released the following statement on November 1, 2022. As the Accrediting Council for Independent Colleges and Schools (ACICS) is no longer recognized as an accrediting agency by the U.S. Department of Education, individuals in various programs may be affected, with the possibility of losing their status under various immigration programs.

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DACA Discrimination Lawsuit Revival Urged

The Fourth Circuit court is being asked to review a previous lawsuit claiming DACA status discrimination. The individual filing the lawsuit claims a large oil company rescinded an internship offer based on the individual’s DACA status. The basis for reviewing the matter is the U.S. Supreme Court ruling of a June 2020 decision. In that decision, Bostock v. Clayton County, the U.S. Supreme Court found that the definition of sex-based discrimination under Title VII of the 1964 Civil Rights Act includes LGBTQ rights bias, as the basis of discrimination is an individual’s sex. The DACA discrimination matter revival suggests using this same logic to their matter.

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Updates on U.S. Consulates in India

U.S. Consulates in India continue to be closed for regular options as of October 25, 2022. Over 100,000 appointment slots were opened for the H and L visa categories, resulting in the reduction of wait times to nearly half. Interviews began in September for B-1 and B-2 visitor visa applicants.

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Additional 32 Immigration Judges Across 16 Courts Added by DOJ

The U.S. Department of Justice welcomes additional immigration judges to immigration courts in California, Florida, Georgia, Illinois, Maryland, New York, Tennessee, Texas, and Virginia. In total, 32 incremental judges were added. The new judges have backgrounds in immigration law, advising clients on their legal status, as well as work experience with the U.S. Immigration and Customs Enforcement (ICE). The new judges were named in October 2022. In total, for the year, DOJ has added 81 immigration judges.

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Second EAD and AP in the Same Category Getting Denied by USCIS

Due to processing backlogs and fluctuations in visa availability, many employment-based Adjustment of Status (AOS) applicants have resorted to filing a second AOS application in a different eligibility category with the hope of more quickly securing a Green Card. Applicants have also been filing a second I-765 for employment authorization (EAD) and I-131 for travel authorization (AP) concurrently with their second AOS application.

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