Bender’s Immigration Bulletin – January 15, 2011

Juan Osuna Appointed Acting Director for EOIR Attorney General Eric Holder announced the appointment of Juan Osuna as Acting Director for the Executive Office for Immigration Review. The announcement was made on December 23. “Juan has been with the department for more than a decade and...

Bender’s Immigration Bulletin – February 15, 2011 - Immigration Attorneys Disciplined

FY 2011 H-1B Cap Reached USCIS has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year 2011, it announced on January 27. The final receipt date for new H-1B petitions requesting an employment start date in FY2011 is January 26, 2011. The final receipt date is...

Bender’s Immigration Bulletin – March 1, 2011

USCIS Issues Combined EAD/Advance Parole Cards USCIS announced that it is now issuing employment and travel authorization on a single card for certain applicants filing for adjustment of status. The new card looks similar to the current Employment Authorization Document, but includes text that...

Excerpts From the March 15 Bender's Immigration Bulletin: I-601 Provisional Waiver Is Not in Effect, More

I-601 Provisional Waiver Is Not in Effect USCIS reminds the public that, while it is considering changes that would allow certain immediate relatives who can demonstrate extreme hardship to a U.S.-citizen spouse or parent to receive a provisional waiver of the unlawful-presence bars before leaving...

Excerpts from the April 1, 2012, Bender's Immigration Bulletin: Ending Birthright Citizenship Would be Costly to America

Ending Birthright Citizenship Would be Costly to America On March 5, 2012 the National Foundation for American Policy ("NFAP") published a paper authored by Bender's Immigration Bulletin Editorial Board member Margaret D. Stock. Entitled " The Cost to Americans and America of Ending...

Excerpts of the May 1, 2012, Bender's Immigration Bulletin: Expedited Review Announced for Cases Affected by Specific Administrative Errors

Expedited Review Announced for Cases Affected by Specific Administrative Errors USCIS has now established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This new process allows customers to request an expedited review of their cases and correction...

Excerpts From the Jan. 1, 2013 Bender's Immigration Bulletin

USCIS Issues Policy Memo on International Filings On November 30, 2012, USCIS issued a final policy memorandum outlining the circumstances in which applicants may file Form I-601 (Application for Waiver of Grounds of Inadmissibility) and any associated Form I-212 (Application for Permission to Reapply...

Excerpts From the Feb. 1, 2013, Bender's Immigration Bulletin

USCIS Transitions to Centralized Policy Manual On January 7, U.S. Citizenship and Immigration Services launched its transition to an online policy manual that will ultimately replace the Adjudicator's Field Manual (AFM). According to USCIS Director Alejandro Mayorkas, the change follows an agency...

Excerpts from the March 1, 2013, Bender's Immigration Bulletin

Supreme Court: Padilla Did Not Create New Rule: No Retroactive Application to Cases on Collateral Review On February 20, the Supreme Court announced its decision in Chaidez v. United States. The majority of the Court held that the decision in Padilla v. Kentucky, 559 U.S. 356, is not retroactive for...

News Excerpts From the March 15 Bender's Immigration Bulletin

EOIR Releases Statistics for FY2012 The Executive Office for Immigration Review has released its statistical yearbook for fiscal 2012. As expected, the backlog of cases before EOIR continued to grow, with 326,255 pending proceedings before immigration courts and 24,824 pending cases at the BIA at...

Excerpts From the April 1, 2013, Bender's Immigration Bulletin

H1-B Filings: USCIS Anticipates Use of Lottery; Temporary Modification of Premium Processing U.S. Citizenship and Immigration Services announced on March 15, 2013, that it will begin accepting H-1B petitions subject to the FY 2014 cap on Monday, April 1, 2013. Cases will be considered accepted on...

Excerpts From the May 1, 2013, Bender's Immigration Bulletin

EOIR Releases Information Regarding Mandatory Attorney Registration On April 11, the Executive Office for Immigration Review released instructions and a series of frequently asked questions regarding its new mandatory electronic registry for attorneys and accredited representatives. The instructions...

Excerpts From the June 1, 2013, Bender's Immigration Bulletin

Payment of USCIS Immigrant Visa Fee via USCIS ELIS USCIS has moved the online payment of the USCIS Immigrant Fee to its Electronic Immigration System ( USCIS ELIS ). Customers must now pay the $165 fee using USCIS ELIS after they receive their immigrant visa packages from the Department of State and...

News Excerpts From the Aug. 1, 2013, Bender’s Immigration Bulletin

Napolitano Resigns as Secretary of Homeland Security On July 12, 2013, Janet Napolitano announced her resignation as Secretary of Homeland Security, a position she has held since the start of the Obama administration. Napolitano will remain in her position until September, after which she will become...

News Excerpts From The Feb. 1, 2014, Bender’s Immigration Bulletin

EOIR Releases Plan to Protect Detainees with Mental Disorders | The Executive Office for Immigration Review (EOIR) recently released the first phase of a nationwide plan to provide heightened protections for unrepresented detainees with mental disorders. (The document is reprinted at Appendix A ....

News Excerpts from the March 1, 2014, Bender’s Immigration Bulletin

Federal Judge Certifies Class Action in Mandatory Detention Lawsuit On February 10, 2014, U.S. District Judge Michael Ponsor certified a class consisting of noncitizens in Massachusetts who are challenging their mandatory detention under Section 236(c) of the INA. The class representative, Mark...

News Excerpts From the May 15, 2014, Bender’s Immigration Bulletin

USCIS Issues New Guidelines on Credible Fear Interviews On February 28, U.S. Citizenship and Immigration Services issued new guidelines for asylum officers charged with determining whether applicants possess credible fears of persecution or torture in their home countries. According to a memorandum...

News Excerpts From the July 1, 2014, Bender’s Immigration Bulletin

Supreme Court Decides CSPA Case | On June 9, 2014, the Supreme Court issued its opinion in Scialabba v. Cuellar de Osorio , 2014 U.S. LEXIS 3991 [ enhanced opinion available to lexis.com subscribers ]. The Court held that the BIA’s textually reasonable construction of the Child Status Protection...

News Excerpts From the July 15, 2014, Bender’s Immigration Bulletin

Administration Seeks More Special Immigrant Visas for Afghan Nationals | The Obama administration is urging Congress to expand the number of special immigrant visas available to Afghan nationals who assisted the U.S. government and to do so before the end of the summer. Under the Afghan Allies Protection...

News Excerpts From the Nov. 15, 2014, Bender’s Immigration Bulletin

Haitian Family Reunification Parole Program To Begin in 2015 On October 17, 2014, the Department of Homeland Security announced that Haitian beneficiaries of approved family-based immigrant visa petitions may soon be paroled into the United States approximately two years before their priority dates...

News Excerpts From the Dec. 1, 2014, Bender’s Immigration Bulletin

Executive Action Coverage | On November 20, 2014, the President announced a series of executive actions that will help secure the border, prioritize deporting felons over families, and allow certain undocumented immigrants to temporarily remain in the U.S. without fear of deportation if they pass...