Statutes vs. Regulations vs. Memos vs. Tweets in Immigration Law

How do we determine what is law, what is the government’s interpretation or application of a law, or what is just the government’s opinion? Consider the source. STATUTES: Laws Passed by a Legislature, Usually by CongressStatutes are binding law and can create new rights or obligations. The Immigration and Nationality Act is a statute. Statutes may be challenged in court if they are...

Consulates May Waive Visa Interviews for Certain Renewals

As part of its efforts to accommodate applicants impacted by the covid pandemic and speed up its case backlog, the Department of State has been allowing some nonimmigrant visa interviews to be waived since August 2020. Before Covid, consular officers may waive the in-person interview requirement for individuals applying for a nonimmigrant visa in the same classification as long as the previous...

USCIS is Responding Quickly to Service Request Inquiry

We have been posting about the on-going delays affecting numerous case types since October 2020. USCIS Receipt Delays and Its Impact on Employment VerificationCIS Ombudsman Provides Case Assistance on Receipt Delays, Biometrics Appointment, EAD delaysUpdate on the Receipt Notice DelaysUSCIS Receipt Notice Update: N-400USCIS Receipt Notice Update: Final Two I-485 Receipt Notices Received (4...

Re-Designation of Syria for TPS

On March 18, 2021, DHS announced re-designation and extension of Syria for TPS. This means that current beneficiaries may extend their TPS until September 30, 2022 while first-time applicants may now apply if they had missed the previous registration period. Current beneficiaries Current beneficiaries will be eligible to re-register for an extension of their status and have employment...

Hope – As Some Denied H-1B petitions May Get a Second Chance

As we have previously reported, Biden has immediately taken steps after swearing in to dismantle Trump’s restrictive H-1B measures. He has already revoked/rescinded prior policy memos that have led to record number of RFEs and denials. On March 12, 2021, USCIS announced that it may reopen and/or reconsider adverse decisions on Form I-129 made based on three rescinded policy memos. They key...

Breaking: Designation of Burma for TPS

On March 12, 2021, DHS published a Federal Register Notice announcing the designation of Burma for Temporary Protected Status (TPS) for 18 months. In laying down the basis for TPS, Secretary Mayorkas stated the following: “Due to the military coup and security forces’ brutal violence against civilians, the people of Burma are suffering a complex and deteriorating humanitarian crisis in many...

New Public Charge Rule Implemented by Trump will be Dead

On March 9, 2021, DHS announced that it would no longer defend the 2019 Public Charge Rule (2019 Rule) implemented by the Trump Administration which led to the creation of the Form I-944. Lawsuits were filed challenging the 2019 Rule. It has been confusing at times when the Rule was put on hold, then back on, then only applicable to some jurisdictions. Given that the last court decision was to...

Breaking: Designation of Venezuela for TPS

Update: March 17, 2021 USICS issued the following clarifications in light of inconsistencies that were discovered on Form I-821 instructions and the Federal Register Notice Mailing Zip Code Correction The zip code listed in the Federal Register was incorrect. The correct USPS filing addresses are located in the “Where to File” dropdown box on the TPS-Venezuela page on USCIS.gov. Biometrics...

Can TPS Recipients Apply for Adjustment of Status?

In order to pursue adjustment of status and become a lawful permanent resident (LPR), an applicant must in addition to meeting other requirements have been properly "inspected and admitted or paroled" into the United Sates. Otherwise, the applicant cannot apply for Green Card inside the U.S. A TPS recipient have lawful status in the U.S. given the TPS designation but oftentimes they obtained TPS...