News

Consular processing has been long delayed due to the ongoing Covid pandemic. There are steps to be taken to ensure you are prepared and informed for your processing. In this article, find out what you can do, now, to be prepared and how to increase your odds for a timely approval.

The U.S. Administration released a ‘blueprint’ that outlines key actions for Federal agencies to continue to implement the President’s immigration system. There are four key areas, each with their own specific tasks. The four key areas are: Ensuring a Secure, Humane, and Well-Managed Border; Implementing Orderly and Fair Processing of Asylum Applications; Strengthening Collaborative Migration Management with Regional Partners; and Investing in Central America to Address the Root Causes of Migration.

USCIS determined an additional selection of previously electronically filed registrations are required to reach the FY 2022 allocations. The petition filing period will be from August 2 and close on November 3. If selected, individuals will be notified through their myUSCIS accounts, noting when and where to file. At the time of this writing, the USCIS site is down. We recommend checking back later in the day or evening. If you are a client of ILBSG, we are aware of and monitoring the situation and will reach out to you as soon as we have access to the information.

The Department of Homeland Security (“DHS”) has released a statement that beginning on July 26, 2021, certain families who were not able to be expelled under Title 42 will be placed into expedited removal proceedings. For families who do not have a basis under U.S. law to be in the United States, these removals will provide a lawful and more accelerated removal procedure.

On June 16, after a recent Presidential Executive Order, Attorney General Garland vacated two decisions made by former Attorney Generals. The Executive Order directed the Department of Homeland Security (DHS) and the Department of Justice (DOJ) to create a rule which gives a more straightforward explanation of the phrase “particular social group” used in asylum law. According to the Immigration and Nationality Act (INA), asylum will only be granted to an alien when: he/she suffered persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. The phrase “particular social group” has been an area of much debate and confusion across immigration courts for decades, and the upcoming rulemaking decision will help to clarify under what circumstances an applicant should be considered a member of a particular social group.

The I-90, Application to Replace Permanent Resident Card (Green Card), and the I-751, Petition to Remove Conditions on Residence form are two applications whose purposes, though similar, have completely different functions. It is important to know the difference between the I-90 and the I-751 applications because confusing the two may be detrimental to a resident’s intent to remain in the U.S. Speak with an immigration attorney to ensure you are in compliance with the right form.

The U.S. District Court for the District of Columbia heard a case regarding possible action around the thousands of diversity visas set to expire. These have not yet been processed due to U.S. government delays. If selected in a diversity visa lottery, individuals have until the end of that fiscal year to apply and receive a visa. As the U.S. government has continued to experience delays, many lottery winners are in a position where they have not yet received their diversity visa and are running out of time to do so.

The U.S. Citizenship and Immigration Services (USCIS) released the August 2021 Visa Bulletin. USCIS has determined and announced which chart an applicant must use to determine if he or she is eligible to submit their I-485, Adjustment of Status Application. If the priority date for your employment or family-based category is before the date listed below and you are in the United States, you may file your application to adjust status along with the applications for employment authorization and travel permission, assuming you meet all the other requirements, with USCIS in August. There is advancement in the EB-3 Category for India, with an additional advancement considered likely in the September Visa Bulletin.

An Employment Authorization Document (EAD) is an option to establish a license to work in the U.S. There are specific categories of individuals who may qualify to apply, including individuals who suffer abuse at the hands of the nonimmigrant spouse.

If an individual is the present or former spouse of a nonimmigrant and that person suffered or is currently suffering abuse at the hands of their nonimmigrant spouse, they may qualify for an EAD through the I-765V form. Obtaining an EAD can be an important step for a victim of abuse to gain freedom and independence from their abuser. To preserve anonymity, the spouse of an applicant will not be informed of the victim’s application for an EAD.

There are thousands of DACA holders who are desperately trying to renew or keep their permits. The backlog of applications driven by COVID restrictions is causing lost income and healthcare for individuals and lost workers for their employers. As a result, individuals and companies are losing.

Deferred Action for Childhood Arrivals (DACA) is a federal immigration policy that gives some individuals with an undocumented presence in the United States after being brought to the country as children to receive a renewable two-year period of deferred action from deportation. It also allows for possible work permits.