LexisNexis® Legal Newsroom
Advance Copy of DOS Final Rule: New T-6 Visa Classification

"This rule is being promulgated to add a new visa classification symbol to the nonimmigrant classification table in our regulations. This amendment is necessary to implement legislation that created an additional nonimmigrant classification as described herein. ... Section 1221 of the Violence Against...

State Department Final Rule: New T-6 Visa Category

"Section 1221 of the Violence Against Women Reauthorization Act of 2013 (Pub. L. 113–4) amended Section 101(a)(15)(T)(ii)(III) of the Immigration and Nationality Act by adding a derivative ‘‘T’’ visa class. The T–6 visa would be available to eligible adult and...

Lawsuits Allege Illegal Passport Cancellations by State Department

"Searches of public court records continue to expose the illegal actions of the U.S. Department of State in Yemen. One private attorney connected to cases in Yemen says “Issues with the U.S. Consulate in Sana’a are systemic and reach far beyond seizure of U.S. passports. That is merely...

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...

DOS Issues Country Reports on Human Rights Practices for 2013

"I hereby transmit the Department of State’s Country Reports on Human Rights Practices for 2013 to the United States Congress." John F. Kerry Secretary of State, Feb. 2014 .

Family Members of Asylum Seekers – Beware!

"The sister of my asylum-seeker client recently got an unpleasant surprise from the U.S. Embassy in her country. The sister is a prominent journalist who had come to the Embassy several times (at the Embassy’s request) to brief U.S. diplomats on the situation in her country. She and her family...

CRBA Lawsuit Against DOS Filed: Chacoty et al. v. Kerry et al.

"American citizenship is the “right to have rights.1” Defendants have denied Plaintiffs’ statutory right to American citizenship. For decades, Defendants have applied the statute in the ways described below to grant citizenship.2 Suddenly, without any statutory change, regulatory...

Afghan SIV Program Update

"The Department of State’s authority to issue Special Immigrant Visas (SIVs) to Afghan nationals under section 602(b) of the Afghan Allies Protection Act of 2009, as amended, is limited to 3,000 visas for Afghan principal applicants in Fiscal Year 2014. We expect that these visas will all...

Software Crash Halts U.S. Passport, Visa Operations

"The State Department’s global database for issuing travel documents has crashed, resulting in major delays for potentially millions of people around the world waiting for U.S. passports and visas, officials said Wednesday. Unspecified glitches in the department’s Consular Consolidated...

State Department Visa/Passport Computer Crash Update: July 31, 2014

Information Regarding Ongoing Consular Consolidated Database (CCD) Performance Issues and Steps Taken "The Consular Consolidated Database (CCD) is still performing below its normal operational capacity. However, to give you an idea of the progress we have made, from the start of the operational...

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

New USCIS Director Testifies Before Congress | On July 29, Leon Rodriguez, the new director of U.S. Citizenship and Immigration Services, testified at an oversight hearing before the House Judiciary Committee. Rodriguez became USCIS director on July 9. In his written testimony, available at http...

State Department Taking Passports Away from Yemeni-Americans

"Over the past year, dozens of Yemeni-Americans visiting their ancestral homeland have had their US passports summarily revoked or confiscated by the embassy in Sanaa without any clear legal basis, effectively stranding them outside the United States. Last month, a coalition of US civil rights groups...

Advance Copy of DOS Interim Final Rule: Visa and Citizenship Services Fee Changes

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship services fees. More specifically, the rule amends...

DOS Interim Final Rule: Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates - Visa and Citizenship Services Fee Changes

"The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain nonimmigrant visa application processing fees, certain immigrant visa application processing and special visa services fees, and certain citizenship services fees. More specifically, the rule amends...

CORRECTION to new DOS Visa Fee Schedule

"In the Federal Register of August 28, 2014, in Volume 79, No. 167, page 51247, in the DATES section of the document it states the dates the new fees become effective is September 6, 2014, and written comments must be received on or before October 21, 2014. The correct date new fees become effective...

Advance Copy of DOS Final Rule: Exchange Visitor Program Changes

"With this rulemaking, the Department of State is amending the general rules covering the Exchange Visitor Program that govern the designation of sponsors and the overall administration of the Program. This final rule encompasses technical changes to the general provisions and addresses public diplomacy...

Supreme Court to Hear Visa Case; State Department Asks for Secrecy, Rubber Stamp

"At the behest of the Solicitor General , the U.S. Supreme Court today granted certiorari in Din v. Kerry to decide whether immigrant families separated by U.S. government officials have any right to know the basis for their forced separation. The government claims “complete discretion”...

Randy Quaid Wants His Passport Back

"Actor Randy Quaid and his wife sued the State Department on Monday, demanding their passports back and claiming they are stranded in Canada without them. Quaid claims in Federal Court that the State Department revoked his and his wife's passports on Dec. 12, 2013. Quaid was in Canada to accept...

Big Data, Bad Data: Resolving the Tyranny of the Database (William Stock)

"This term, the Supreme Court is considering a case [ Kerry v. Din ] that implicates the doctrine of “consular non-reviewability”–the legal principle that generally, courts in the United States will not review the discretionary decisions of American consular officers if they deny...

Mid-Litigation, DOS Changes the FAM: Convenient Facts Redux, by Nancy Morawetz

Convenient Facts Redux by Nancy Morawetz , NYU School of Law "Two years ago, I wrote about how the Office of the Solicitor General (OSG) manipulates facts about government policies and practices to advance its arguments in the Supreme Court. In essence, if the OSG does not like the policies it...

China EB-3 EW Priority Date Victory: Xie v. Kerry

[ Xie v. Kerry , 21 F. Supp. 3d 89 (D.D.C. 2014) reversed.] "The D.C. Circuit axed a win for the U.S. Department of State on Monday in a suit accusing it of illegally slowing down reviews of certain Chinese individuals' visa applications, saying the plaintiff deserved to have her claim examined...

State Department on EB-5 Cutoff Date, CSPA

Visa Office Attendance at IIUSA 2015 EB-5 Regional Economic Advocacy Conference April 13, 2015 "With respect to the implementation of a visa cutoff date for the EB5 visa category, how may a visa applicant whose employment based immigrant visa petition or whose parent’s employment based...

Advance Copy of DOS Interim Final Rule: Official Passports for Officials or Employees of State, Local, Tribal or Territorial Governments Traveling Abroad and Carrying Out Official Duties in Support of the U.S. Government

"This rule amends the passport rules for the Department of State to authorize issuing an official passport to an official or employee of a state, local, tribal, or territorial government traveling abroad to carry out official duties in support of the U.S. government." - FR Doc. 2015-11687 Filed...

State Department Notice: Establishment of a Private Sector U.S.-Mexico Exchange Visitor Intern Program

"The Department of State administers the Exchange Visitor Program pursuant to the Mutual Educational and Cultural Exchange Act of 1961 (Pub. L. 87–256) as amended, 22 U.S.C. 2451, et seq., also known as the Fulbright-Hays Act (the Act). The purpose of the Act is to increase mutual understanding...

News Excerpt From the June 1, 2015, Bender’s Immigration Bulletin

USCIS Temporarily Suspends Premium Processing for H-1B Extensions | From May 26, 2015 until July 27, 2015, USCIS will suspend premium processing for all H-1B Extension of Stay petitions. During this period, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...