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Reminder for F-1 Students in “Cap-Gap” Status

If you are an F-1 student with an H-1B petition that remains pending with the United States Citizenship and Immigration Services (USCIS), and your “cap-gap” employment authorization is only valid through September 30, 2018, you may risk accruing unlawful presence if you continue to work on or after October 1,…

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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…

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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…

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Upcoming Visa Trends and Projections: EB-1, EB-2, EB-3, EB-5

In this post, we would like to keep our readers informed about Visa Bulletin projections for the coming months. Charles Oppenheim, Chief of the Visa Control and Reporting Division of the U.S. Department of State provides a monthly analysis of each month’s Visa Bulletin including discussion of current trends and…

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This Week In Immigration: Immigrants Receive “Fake Dates” on Notices to Appear in Court

“Fake Dates” Appear on Notices of intent to Deny Across the nation, news outlets are reporting that dozens of individuals have received court orders from Immigration and Customs Enforcement (ICE) ordering them to appear in court by a certain date. The problem? When these individuals showed up to court on…

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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…

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Weekly Immigration News: I-751 Filing Location Changed, TPS Somalia, and ICE Enforcement Actions for the month of August

I-751 Change to Filing Location Today, Monday September 10, 2018, the United States Citizenship and Immigration Services announced a change to the filing location for Form I-751 Removal of Conditions. The agency is now directing petitioners to send Form I-751 to a USCIS Lockbox facility instead of directly to the…

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DACA Program Will Remain…. For Now

Photo by Molly Adams On Friday August 31, 2018, Texas District Judge Andrew Hanen declined to issue a preliminary injunction that would have put a stop to the DACA program immediately. As we previously reported, the fate of the DACA program now rests in Judge Hanen’s hands, who is currently…

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BREAKING: Premium Processing Fees to Increase Beginning September 30, 2018

BREAKING: The United States Citizenship and Immigration Services (USCIS) will be publishing a final rule in the Federal Register tomorrow August 30, 2018, increasing the premium processing fee charged by the agency by 14.92 percent. According to USCIS the increase in the fee accounts for inflation according to the Consumer…

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USCIS Extends Temporary Suspension of Premium Processing to February 19, 2019

During March of this year, the United States Citizenship and Immigration Services (USCIS) announced the temporary suspension of premium processing services for all fiscal year 2019 cap-subject petitions, including petitions requesting an exemption from the general cap. USCIS announced that the suspension would last until September 10, 2018, in order…