Excerpts From the April 15, 2012, Bender's Immigration Bulletin: USCIS Proposes Change for Certain Unlawful-Presence Waivers, More

USCIS Proposes Change for Certain Unlawful-Presence Waivers USCIS posted a Notice of Proposed Rulemaking in the Federal Register on March 30 that would reduce the time U.S. citizens are separated from their immediate relatives who must obtain immigrant visas abroad to become lawful permanent residents...

Excerpts from the June 1, 2012, Bender’s Immigration Bulletin: ELIS Launches

ELIS Launch On Tuesday, May 22, U.S. Citizenship and Immigration Services (USCIS) launched the initial release of its new electronic immigration system, USCIS ELIS. ELIS is the agency’s first-ever online immigration system created to modernize the process for both filing and adjudicating immigration...

Excerpts from the June 15, 2012, Bender's Immigration Bulletin

Centralized Filing and Adjudication for Certain Inadmissibility Waivers Beginning June 4, 2012, applicants abroad who have applied for certain visas and have been found ineligible by a U.S. consular officer can mail requests to waive certain grounds of inadmissibility directly to a USCIS lockbox...

Excerpts from the Aug. 1, 2012, Bender's Immigration Bulletin: H-2A Sheepherder Reminder, More

H-2A Sheepherder Reminder U.S. Citizenship and Immigration Services reminds workers in the sheepherding industry that the one-time accommodation giving them more time to transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification is scheduled to expire. Sheepherders...

Excerpts from the Aug. 15, 2012, Bender's Immigration Bulletin: USCIS Launches Online Multilingual Resource Center

USCIS Launches Online Multilingual Resource Center USCIS launched its online Multilingual Resource Center, a central location for USCIS resources in a variety of languages, on July 26. The online Center offers immigration application information and materials in up to twenty-two languages. "Our...

Excerpts From the Sept. 1, 2012, Bender's Immigration Bulletin

Deferred Action for Childhood Arrivals Begins In mid-June, Secretary of Homeland Security Janet Napolitano announced that certain young people who came to the United States as children and who meet certain key guidelines might be eligible, on a case-by-case basis, to receive deferred action (17 Bender's...

Excerpts from the Dec. 1, 2012, Bender's Immigration Bulletin

F and M Students: MAVNI Military Accessions Vital to the National Interest allows certain noncitizens who are legally present in the United States to join the U.S. military and apply immediately for U.S. citizenship using Form N-400 without first obtaining lawful permanent resident status. The program...

Excerpts from the Dec. 15, 2012, Bender's Immigration Bulletin

U.S. Mission in India Expands Interview Waiver Program In March 2012, the U.S. mission to India unveiled the Interview Waiver Program, which allows qualified individuals to apply for additional classes of visas without being interviewed in person by a U.S. consular officer. Building on the success...

Excerpts From the July 15, 2013, Bender’s Immigration Bulletin

DHS Begins Implementing Decision on DOMA On Wednesday, June 26, Secretary of Homeland Security Janet Napolitano announced that DHS would immediately begin to implement the Supreme Court decision invalidating section 3 of the Defense of Marriage Act. In a statement, Napolitano said that the provision...

Excerpts From The Aug. 15, 2013, Bender’s Immigration Bulletin

Washington Supreme Court Bars Certain Uses of Immigration Status On July 10, 2013, the Washington Supreme Court updated its legal ethics rules to prohibit attorneys from referring to an individual’s immigration status to intimidate, coerce, or prevent him or her from participating in a civil...

News Excerpts From the Sept. 15, 2013, Bender’s Immigration Bulletin

ICE Issues Directive Limiting Detention of Parents On August 23, 2013, U.S. Immigration and Customs Enforcement issued a directive intended to limit the detention of parents and other guardians of minor children during removal proceedings and to allow them to participate in legal proceedings relating...

News Excerpts From the Oct. 15, 2013, Bender’s Immigration Bulletin

Administration Revises Policy on False Claims to Citizenship: In a pair of letters sent to Senate Majority Leader Harry Reid (D-Nev.) in late August and early September, the administration confirmed that individuals charged with making false claims to U.S. citizenship can raise as an affirmative defense...

News Excerpts From The Nov. 1, 2013, Bender’s Immigration Bulletin

Government Shutdown: Impact on I-129 H Visa Extensions and AOS | Via e-Mail on October 18, 2013, USCIS alerted stakeholders that if an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an extension of stay or change of status request was...

News Excerpts From the Nov. 15, 2013 Bender’s Immigration Bulletin

Report Faults Procedures for Issuance of NTAs | On October 22, 2013, the Center for Immigrants’ Rights at Pennsylvania State University Law School released a report criticizing various practices related to the issuance of Notices to Appear in removal proceedings. Based on a survey and documents...

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

Municipalities Seek Review of Immigration Ordinances at Supreme Court | In late October, the cities of Hazleton, Pennsylvania, and Farmers Branch, Texas, filed petitions at the Supreme Court asking the Justices to review federal appellate court decisions striking down local laws targeting undocumented...

News Excerpts From The Dec. 15, 2013, Bender’s Immigration Bulletin

Federal Judges Required to Provide Immigration Warnings During Plea Stage | Under changes to the Federal Rules of Criminal Procedure that took effect December 1, federal judges are required to advise defendants of potential immigration consequences as part of the standard plea colloquy. The amendment...

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

Labor Department to Delay Implementation of BALCA Ruling in Island Holdings | On December 20, 2013, the Labor Department announced that it would seek review of the ruling issued by the Board of Alien Labor Certification Appeals in Matter of Island Holdings LLC , which vacated supplemental prevailing...

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

USCIS Issues Guidance on “Reason to Believe” Standard for Provisional Waivers | On January 24, 2014, USCIS issued field guidance for applications for provisional unlawful presence waivers (Form I-601A) filed by individuals with criminal histories. Under federal regulations, noncitizens...

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

USCIS Clarifies “Reason to Believe” Standard for I-601A Provisional Waivers | On March 18, 2014, USCIS sent an e-mail to stakeholders seeking to cure confusion surrounding the regulation that prohibits the granting of provisional waivers to noncitizens who the agency has “reason...

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

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

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 June 15, 2014, Bender’s Immigration Bulletin

Report Highlights Economic Benefits of Public Defenders in Removal Proceedings A report released in late May by the global consulting firm NERA concluded that the fiscal savings to the government could well offset any costs associated with providing government-funded attorneys to indigent noncitizens...

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...