The President has once again targeted the immigrant population by signing a Presidential Proclamation suspending the entry of any immigrant who will “financially burden the United States healthcare system.” While the Presidential Proclamation is likely to encounter resistance in court, as it stands the Proclamation is slated to become effective…
Articles Posted in Denials
Consular Officers Given Wide Discretionary Power to Deny Visas on Public Charge Grounds
In its latest act of defiance against the judicial branch, the Trump administration has published an Interim Final Rule entitled “Visas: Ineligibility Based on Public Charge Grounds,” designed to give Consular officers wider discretion to deny immigrant and nonimmigrant visas to applicants on public charge grounds based on a variety…
Trump Administration Seeks to End Flores Agreement and Detain Undocumented Families for Indefinite Period of Time
On Wednesday, the Trump administration announced a proposal that will change the settlement agreement reached in Flores v. Reno, an agreement that limited the amount of time and conditions under which the U.S. government could detain immigrant children. Reno v. Flores prevented the government from holding immigrant children in detention…
USCIS Planning to Gradually Eliminate Self-Scheduled Infopass Appointments
As part of the United States Citizenship and Immigration Services’ (USCIS) new plan to modernize services offered by the agency, the agency has announced that it will gradually end self-scheduling of Infopass appointments, to encourage applicants to use online information resources and other online tools that allow applicants to check…
NTA Policy Memo to be Implemented Beginning October 1st for I-485 and I-539s
Several months ago, we reported that the United States Citizenship and Immigration Services (USCIS) amended its policy regarding the issuance of Notice to Appear (NTA) documents in removal proceedings. During the month of June, USCIS released a policy memorandum indicating the agency’s intent to revise NTA policy to better align…
DHS Proposes New Rule to Restrict Admission of Aliens Reliant on Public Benefits
On Saturday, September 22, 2018, the Department of Homeland Security announced a new proposed rule that may prevent non-citizens reliant, or likely to become reliant on public benefits, from gaining admission to the United States. The new proposal entitled, “Inadmissibility on Public Charge Grounds,” has been signed by the Secretary…
Guidance on New USCIS Policy Denying Petitions without first issuing RFE or NOID
We would like to remind our readers that beginning September 11, 2018, USCIS immigration officers will have the discretion to issue denials without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOIDs). The new policy was announced in a policy memorandum released during the month…
Tips to Avoid/Overcome the Marriage Fraud Interview also known as the “STOKES” Interview
In this post, we will discuss our top ten tips to help you survive the marriage fraud interview also known as the “STOKES” interview. An applicant filing for adjustment of status to permanent residence may be scheduled for a second interview, known as the “STOKES” interview if the immigration officer…
STEM OPT Students: Changes to USCIS Policies Prompt Wave of Lawsuits
Earlier this year, the United States Citizenship and Immigration Services (USCIS) suddenly changed the regulations governing the Optional Practical Training Program (OPT). According to the USCIS website, a U.S. employer who has hired an international student under the STEM OPT program may not assign, or delegate training responsibilities to a…
Beginning September 11, 2018, USCIS has the authority to deny petitions without first issuing RFE or NOID
The United States Citizenship and Immigration Services (USCIS) has released a new policy memorandum that will have wide ranging implications for immigrants. Beginning September 11, 2018, USCIS will use their discretion to deny an application, petition, or request filed with USCIS without first issuing a Request for Evidence (RFE) or…