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Visa Lawyer Blog

Articles Posted in EAD Renewal

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In complete defiance of a recent federal court order, mandating acceptance of initial requests for the Deferred Action for Childhood Arrivals (DACA) program, the Department of Homeland Security today issued a memorandum that states that effective immediately, the agency will reject all pending and future initial requests for DACA including all associated employment authorization applications, and reject all pending and future I-131 advance parole requests for beneficiaries of DACA. The agency has stated that it will refund all associated fees, without prejudice should DHS decide to accept initial requests for DACA in the future.

The memorandum orders, “DHS personnel to take all appropriate actions to reject all pending and future initial requests for DACA, to reject all pending and future applications for advance parole absent exceptional circumstances, and to shorten DACA renewals [to one year] consistent with the parameters established in this memorandum.”

Most shocking of all is that the memorandum limits the period of deferred action pursuant to the DACA program and associated employment authorization to just one year for DACA renewals filed after July 28th, when previously deferred action and employment authorization was issued for two years.

These actions are appalling and reflect judicial defiance that has never before been seen. These actions will surely set off a string of new lawsuits in the coming weeks. We must all stay tuned for new developments during this uncertain time for DACA.

Actions to be Taken by DHS as of July 28, 2020

The memorandum provides a list of actions DHS plans to take effective immediately which further detail the actions that will be taken by DHS as of today:

  • Reject all initial DACA requests and associated applications for Employment Authorization Documents, and refund all associated fees, without prejudice to re-filing such requests should DHS determine to begin accepting initial requests again in the future.
  • Adjudicate all pending and future properly submitted DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries.
  • Limit the period of any deferred action granted pursuant to the DACA policy after the issuance of this memorandum (and thereby limit the period of any associated work authorization) to one year.
  • Refrain from terminating any grants of previously issued deferred action or revoking any Employment Authorization Documents based solely on the directives in this memorandum for the remaining duration of their validity periods.
  • Reject all pending and future Form I-131 applications for advance parole from beneficiaries of the DACA policy and refund all associated fees, absent exceptional circumstances.

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In response to a high number of questions regarding the recent Maryland court decision ordering the government to reinstate Deferred Action for Childhood Arrivals (DACA) for first time applicants, we have prepared this helpful guide.

First, let’s briefly discuss the Maryland decision. As our readers will know on July 17th a federal judge in Maryland presiding over the case, Casa de Maryland v. U.S. Department of Homeland Security, ordered the government to restore the DACA program to its pre-September 2017 status. This means that first-time applicants are now able to apply for DACA benefits.

What does the Maryland decision mean for DACA holders?

For now, USCIS must continue the DACA program as it was before it was rescinded on September 5, 2017, when applications for DACA were being accepted by first-time applicants.

In order to comply with the Supreme Court’s decision, as well as the Maryland district court’s order, USCIS must also accept the following applications that were suspended under prior court orders and should publish guidance immediately on its processing of these applications:

  • People Who Have Not Previously Been Granted DACA: The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. As a result, USCIS should immediately publish guidance on processing new, initial DACA applications.
  • Advance Parole Requests: The Court’s June 18, 2020 decision requires DHS to maintain the DACA program unless and until DHS follows correct procedure to terminate it. Because advance parole based on DACA was a part of the 2012 DACA program, USCIS should immediately publish guidance on processing advance parole applications filed by DACA recipients.

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This afternoon, a federal judge in Maryland quietly handed down a victory for new DACA applicants. The judge in the case, Casa de Maryland v. U.S. Department of Homeland Security, has ordered the government to restore the Deferred Action for Childhood Arrivals (DACA) program to its pre-September 2017 status, meaning that first-time applicants can now apply for Deferred Action and an employment authorization document from the United States Citizenship and Immigration Services.

What was this lawsuit about?

The Casa de Maryland v. U.S. Department of Homeland Security lawsuit was brought on October 5, 2017, in the U.S. District Court for the District of Maryland, to challenge the Trump administration’s revocation of the Deferred Action for Childhood Arrivals (DACA) program. The plaintiffs were a group of nonprofit organizations and DACA recipients who sought to enjoin (stop) the federal government from terminating the DACA program. The plaintiffs argued that the Trump administration’s 2017 rescission of the program was motivated by discriminatory animus toward individuals from Mexico and Central America. They also argued that revoking DACA violated Fifth Amendment due process and equal protection, and the Administrative Procedure Act.

In response to the lawsuit, the government filed a motion to dismiss the lawsuit. On March 5, 2018, the judge ordered the government to stop using or sharing information provided by DACA applicants for enforcement or deportation purposes, but declared that the Trump administration’s rescission of the DACA program was valid and constitutional.

On April 27, 2018, the plaintiff’s appealed the case to the Fourth Circuit Court of Appeals. The appeals court reversed the district court’s decision finding that the rescission of DACA was invalid and unconstitutional. The court decided that the government’s rescission of DACA was arbitrary and capricious and remanded the case back to the lower courts.

Today, on remand in accordance with the U.S. Supreme Court’s June 18, 2020 decision holding that rescission of DACA was arbitrary and capricious in violation of the APA, the judge’s decision “restores DACA to its pre-September 5, 2017, status…”

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UPDATE: Green card interviews are being waived for at least some applicants during COVID-19

Unprecedented times call for unusual measures. Recently USCIS announced the closure of field offices nationwide—until May 3rd–to help slow the spread of COVID-19.

This announcement was immediately concerning given that green card applicants (family and employment-based) must attend in-person interviews at USCIS field offices to establish green card eligibility before their green cards can be approved.

USCIS indicated in their announcement that all impacted interviews would be rescheduled at a future time when offices re-open to the public. Of course, the decision to reschedule interviews at a future time would create a backlog, delaying the adjudication of thousands of green cards.

As it appears, to avoid a drastic backlog, USCIS is relaxing the green card interview requirement for employment-based green card applicants during the COVID-19 pandemic.

While there is no official policy or memorandum waiving the interview requirement for employment-based green card applicants, USCIS has been doing just that.

We can report that certain employment-based green card applicants who had their interviews canceled as a result of the COVID-19 office closures, have seen their green card “case status” change to “approved” and have received their green cards in the mail shortly thereafter.

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In this post, we summarize all of the major and recent developments taken by USCIS, the Department of State, and the Department of Justice in response to the COVID-19 pandemic.

These developments directly impact immigration in significant ways that will be discussed in further detail below.

As this situation evolves, we will continue to update this post for your benefit. You may also read all of our COVID-19 related posts here.

USCIS Field Offices, ASCs, and Asylum Offices Temporary Closed to the Public

To combat the spread of the COVID 19 pandemic, on March 18th USCIS announced the temporary closure of field offices, application support centers, and asylum offices, to the public until at least May 3rd.

We suspect that this closure will be further extended given the current public health crisis we are experiencing nationwide.

Applicants who were scheduled to appear for an interview, biometrics, or asylum interview from March 18 to May 3rd will receive a notice in the mail regarding impacted services, as well as a notice rescheduling the appointment.

ASC appointments will be rescheduled once offices are re-opened to the public.

At this time, please continue to be patient and monitor your mail closely.

USCIS Field Office and Service Center Operations Continue

Although USCIS is closing field offices to the public, the agency has stated that office employees will continue to perform mission-essential services that do not require face-to-face contact with the public.

Furthermore, USCIS service centers and facilities continue to operate and will continue to adjudicate petitions filed nationwide.

USCIS Expands RFE/NOID/NOIR/NOIT/I-290B Deadlines

On March 30, 2020, USCIS announced that it will consider any response to an RFE, NOID, NOIR, or NOIT received within 60 calendar days after the response due date set in the request or notice before any action is taken by USCIS.

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In this post we bring you the latest immigration related COVID-19 updates. During this difficult time, we would like to extend our heartfelt regards to you and your families. We hope you are staying safe and taking the necessary precautions to prevent the spread of COVID-19. The sooner we abide by government measures, the sooner we can overcome this pandemic as a Nation. Additionally, please remember that although our office is closed to the public, we continue to function behind the scenes to file your petitions on a timely basis. If you have any questions regarding your immigration options, or your currently pending case, we would be glad to assist you by telephone, Zoom, or Skype.

President Extends Federal Social Distancing Guidelines to April 30

This past Sunday, March 29, 2020, the President of the United States extended the Nation’s social distancing guidelines for another 30 days, following warnings from health advisers of the serious consequences that could result if Americans were allowed to return to normal life. Pursuant to this order, social time will continue to be limited only to necessary outings such as grocery shopping, medical appointments, etc. until April 30.

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