Oklahoma Immigration Law Not Impacted by Supreme Court Decision, says State

The state of Oklahoma is challenging a district court ruling that froze the state's law making it illegal for unauthorized immigrants to be present in the state.

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Immigration Board Finds Retail Theft Not Grounds for Removal

Retail theft does not qualify as an act of moral turpitude, or acts that are considered inherently dishonest or morally wrong, such as fraud or violent crimes. As such, retail theft is not sufficient grounds for removal.

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Permanent Labor Certification Denied Over Delayed Audit Response

The importance of a timely response for permanent labor certification cannot be stressed enough. Delayed or inappropriate responses limit the options to receive the certification.

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Visa Denials for Afghan Allies Children Can’t Be Challenged, per DHS

A group of Afghan allies are challenging their children's visa denials. At the basis of the the challenge is the aging out of the Afghan allies' children, under the Afghan Special Immigrant Visa program.

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Increase in Federal Judges Pursued Following Senate Bill Approval

The JUDGES Act proposes the addition of an additional 66 federal judges to address ongoing backlogs of federal cases, including immigration matters.

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Illegal Crossings Halved Following Biden Asylum Policy

Illegal encounters at the southwest border have fallen in half since the Biden asylum policy went into effect in June 2024. Asylum claims are paused for those crossing the border illegally if encounters meet certain thresholds.

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No Detention Time Limit for Removal Proceedings

A district court review found an immigration judge incorrectly released an individual on bond on the basis that they were detained in excess. Per U.S. Supreme Court rulings, there is no limit to the period of federal detention in cases of removal.

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Validity Extended to 36 Months for Green Card Renewal

Green card renewal periods are extended to 36 months in recognition of continued processing delays, effective September 10, 2024, to qualifying applications.

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DC Circuit Asked to Review Spousal Work Permits

The full D.C. circuit court panel of judges are being asked to review spousal work permits following a three-judge panel finding the program can continue.

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Family Pushes for Asylum Claim Decision Following Seven Year Wait

A family in the U.S. since 2016 filed a lawsuit asking the U.S. federal government to process their asylum claim. The claim has been awaiting adjudication since 2017.

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October 2024 Visa Bulletin: Disappointing Start to Fiscal Year 2025

The October 2024 Visa Bulletin, the first of Fiscal Year 2025, shows disappointing results. Although available visa numbers by category are reset, we see some retrogression in some categories.

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EB-2 Visa Annual Limit Reached for FY2024

The annual limit for EB-2 visas for FY2024, which ends September 30, 2024, has been reached. No additional EB-2 visas will be available to issue until October 1, 2024.

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Visa Extension Allowed After US Worker’s Resignation

A U.S. Department of Labor judge approved a visa extension request following a U.S. employee's unexpected resignation. The previous denial was overturned based on the lack of control premise.

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Some Removal Notices May Be Updated by Immigration Judges

The Board of Immigration Appeals found immigration judges can correct information included on removal proceedings, including the date and time to appear.

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Spousal Green Card Program Stall and Challenges Continue

The Keeping Families Together spousal green card program is again stalled, with additional challenges being filed. At minimum, the program cannot process applications through September 23, 2024.

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DHS Challenges Spousal Parole Program Block

DHS is challenging the temporary block of the Keeping Families Together spousal parole program. They claim the group of states led by Texas do not have a legal basis to the program.

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DC Circuit Says Feds Can Withhold Asylum Assessments

USCIS is not required to comply with Freedom of Information Act requests to provide immigration officers' asylum assessments, per the D.C. circuit court.

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Updated Vetting Process Included with Reactivated Immigration Program

The immigration program offering qualifying individuals from Cuba, Haiti, Nicaragua and Venezuela to come to the U.S. is now resumed with an updated vetting approach.

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Citizenship Bid Rejected Despite 21-Year Gov’t Delay

Despite a 21 year delay in addressing the issue, an individual's U.S. citizenship status was reversed, following two legal efforts to retain status.

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Timeframe Tightened for DHS to File Notice to Appear

The Executive Office for Immigration Review released a policy memorandum clarifying requirements as to the timing required by DHS to file a Notice to Appear.

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