Immigration Law

    • 15 Jul 2015

    USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

    "USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence. Read the advance version of the notice of proposed rulemaking...
    • 22 Nov 2015

    USCIS Posts Draft Policy Memo for Comment: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability

    USCIS E-Mail dated Nov. 20, 2015 to stakeholders: "USCIS has posted the following draft policy memorandum for your review: Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability Comment Process: Please email all comments to by Monday, January 4, 2016. Please include the following to make your...
    • 29 Feb 2016

    Greg Siskind's Comments on the Proposed AC21/I-140/EAD Rule

    Greg Siskind, Feb. 28, 2016 - "On December 31, 2015 issued a long awaited proposed regulation that was supposed to change the lives of tens of thousands of immigrants stuck in long visa queues by providing work cards to allow them the freedom to change employers and get on with their lives. It was also supposed to make it possible for people waiting on an immigrant visa queue to be able to leave an employer and not...
    • 27 Nov 2015

    USCIS Draft Policy Memo for Comment: The Role and Use of Interpreters

    USCIS, Nov. 24, 2015 - "This Policy Memorandum (PM) provides guidance regarding the role and use of interpreters, as well as ensures the consistent use of interpreters who appear before USCIS during certain interviews conducted in domestic field offices." "DRAFT FOR COMMENT ONLY Posted: 11-24-2015 Comment period ends: 01-08-2016 This draft does not constitute agency policy in any way or for any purpose...
    • 8 Sep 2015

    DOS Fee Rule: Interim Final, Request for Comments

    Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates — Passport and Citizenship Services Fee Changes The Department of State amends the Schedule of Fees for Consular Services (Schedule) for certain passport fees and citizenship services fees. ... DATES: Section 22.1, Items 2.(a), 2.(b), and 2.(g) of this rule become effective September 23, 2015. Section 22.1, Item...
    • 19 Jun 2015

    USCIS Interim Memo for Comment - VAWA amendments to the Cuban Adjustment Act: Continued Eligibility for Abused Spouses and Children

    "This policy memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers regarding the Violence Against Women Act (VAWA) amendments to the Cuban Adjustment Act (CAA). The amendments provide for continued eligibility for adjustment of status under section 1 of the CAA for an abused spouse or child of a qualifying Cuban principal. The guidance contained in this PM is effective immediately...
    • 2 Jul 2015

    DRAFT 20-page Form I-485; Public Comments

    Here is a link to the DRAFT 20-page Form I-485, Application to Register Permanent Residence or Adjust Status dated June 12, 2015. Here is a link to a file containing public comments and USCIS responses.
    • 16 Jan 2015

    DOL's Perez Pushes H-2B Comment Date to Feb. 2, 2015

    "On December 17, 2014, the Office of the Secretary of Labor published a Federal Register notice of intent to issue declaratory order and request for comment (‘‘Notice’’). This Notice (79 FR 75179) states the Secretary of Labor (‘‘Secretary’’) is considering issuing on his own motion a declaratory order confirming that he has exclusive authority to make legal and policy...
    • 23 Jun 2009

    Request for Public Comment on the E-Verify Program Designated Agent Process

    "U.S. Citizenship and Immigration Services (USCIS) seeks public comment on the E-Verify Program Designated Agent Process under which a participating employer may choose to outsource submission of employment eligibility verification queries for newly hired employees to a Designated Agent. DATES: This Notice is effective June 23, 2009. Please submit your comments or suggestions for improving the Designated Agent...
    • 7 Jul 2015

    USCIS Interim Memo for Comment - Guidance on Conducting Form I-604, Determination on Child for Adoption, Orphan Determinations

    "This policy memorandum (PM) provides guidance on conducting Form I-604 orphan determinations associated with each Form I-600, Petition to Classify Orphan as an Immediate Relative, adjudication. This PM revises Chapter 21.5(d) of the Adjudicator’s Field Manual (AFM); AFM Update AD14-06." - Posted: 06-17-2015; Comment period ends: 07-17-2015 .
    • 7 Oct 2015

    USCIS Floats Draft 'Extreme Hardship' Policy Guidance for Comment

    USCIS, Oct. 7, 2015 - "U.S. Citizenship and Immigration Services (USCIS) is issuing draft extreme hardship policy guidance for public comment. This guidance clarifies how USCIS would make extreme hardship determinations once the guidance is finalized." Opening/Closing Dates for Comment - October 7, 2015 – November 23, 2015
    • 7 Aug 2017

    DOS Seeks to Extend Use of DS-5535; NAFSA Opposes

    Reuters, Aug. 4, 2017 - "The Trump administration moved on Thursday to make permanent a new questionnaire that asks some U.S. visa applicants to provide their social media handles and detailed biographical and travel history, according to a public notice. The questionnaire was rolled out in May as part of an effort to tighten vetting of would-be visitors to the United States, and asks for all prior passport numbers...
    • 23 Jan 2013

    Notice of Proposed Class Action Settlement: Tsamcho v. Napolitano

    USCIS, Jan. 18, 2013 : "A proposed settlement of a federal class action lawsuit may affect your rights. In May 2010, a class action lawsuit, Tsamcho v. Napolitano, No. 10 CV 2029 (E.D.N.Y), was filed in federal court for the Eastern District of New York, challenging U.S. Citizenship and Immigration Services’ (USCISs’) reopenings and denials of refugee /asylee Form I-730 petitions when the relative...
    • 31 Jul 2007

    AILA Comments on Proposed Codes of Conduct for Immigration Judges and BIA Board Members

    "As a general observation, before providing comments on specific aspects of the proposed code, we are concerned by the brevity of the proposed document. The canons themselves tend to be brief and several provide only rudimentary guidance. There is a heavy reliance on generalized terms which we suspect will be marginally useful for attorneys and perhaps not at all for persons appearing unrepresented. Examples of these...
    • 23 Feb 2016

    Model Comments: Elimination of 90-Day Adjudication/Interim EAD Rule

    AILA, Feb. 22, 2016 - " Model/draft comments opposing the elimination of the requirement that USCIS grant an interim employment authorization document (EAD) if the agency does not adjudicate Form I-765 (the EAD application) within the 90-day regulatory time period, which is part of the Proposed Rule "Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Immigrant...
    • 7 Aug 2017

    Groups File Federal Lawsuit Over Diversity Visa Denials: P.K. v. Tillerson

    NILC, Aug. 4, 2017 - "Groups filed a federal lawsuit today challenging the U.S. State Department’s refusal to process visa applications for winners of the U.S. Diversity Visa Program lottery who hail from the six countries covered by President Trump’s Muslim ban. The lawsuit was brought by Jenner & Block LLP, the American Civil Liberties Union, the ACLU of the District of Columbia, the American...
    • 9 Aug 2012

    DV-2014 to open Oct. 2, 2012

    "Online registration for the DV-2014 Program will begin on Tuesday, October 2, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). Instructions for the DV 2014 Program are not yet available, so please check back later." - DOS, undated .
    • 6 Oct 2011

    Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)

    October 6, 2011 (1) Section 201(f)(2) of the Immigration and NationalityAct, 8 U.S.C. § 1151(f)(2) (2006), governs whether an alien who is the beneficiary of a visa petition according him or her second-preference status as the child of a lawful permanent resident under section 203(a)(2)(A) of the Act, 8 U.S.C. § 1153(a)(2)(A) (2006), is an immediate relative upon the naturalization of the petitioning parent...
    • 7 Oct 2011

    Bender Immigration Bulletin - Daily Edition: Roger That, Message Received

    To all loyal Bender Immigration Bulletin Daily Edition Subscribers: We appreciate the constructive feedback that you've provided this week regarding the new site and the new e-mail alert format, and we want to let you know that we have heard you loud and clear. We appreciate your loyalty to the BIBDE and we want to continue to provide you with the valuable information upon which you have come to rely. In integrating...
    • 25 Nov 2011

    Another DHS and DOJ 'ooops' - wrongful deportation

    In 2009 ICE and EOIR deported Fred MacDonald, an S13 Canadian Born American Indian. In 2011 ICE admitted it was a mistake , because under INA Sec. 289, 8 C.F.R. 289 and Matter of Yellowquill, 16 I&N Dec. 576 (BIA 1979) S13 American Indians born in Canada are not subject to deportation. In two related federal cases, MacDonald is seeking damages ; DOJ has moved to dismiss . [Commentary: DOJ is spending a lot of money...
    • 2 Nov 2011

    The New BIBDE is Here!

    The long wait is finally over! The new Bender Immigration Bulletin Daily Edition will be issued to all BIBDE subscribers beginning November 2nd at 3:00 p.m. EDT. Above is a screen shot of the new format which addresses much of the feedback that we received when we pulled you away from the original version of the BIBDE. As we indicated previously, you will continue to receive the Immigration Law Community Daily...
    • 20 Dec 2011

    PACER addict alert: there's an app for that

    "Newton Oldfather, a recent graduate of UCLA Law School, decided to do something about this and thus, with the assistance of his father and another friend, he created the app FedCtRecords . The app usually sells for $19.99 but for a limited time during the holiday season, it is FREE so I encourage you to download it now. The app does a good job of providing an iPhone interface to the PACER service."...
    • 27 Mar 2012

    EB2 India and China Visa Retrogression Likely in May

    "In a March 22, 2012 meeting with Charlie Oppenheim, the Department of State Visa Chief informed Mr. Ware that visa retrogression in the Employment-Based 2nd preference category for nationals of India and China is likely in May. Mr. Oppenheim now predicts that EB2 India and China priority dates will retrogress to 8/15/2007 for the May Visa Bulletin. This is a significant change from Mr. Oppenheim’s...
    • 3 Oct 2012

    President Obama Signs 3-Year Conrad 30 Program Extension for Foreign National Physicians as J-1 Waiver Filing Season Opens October 1 in Many States

    By: Sarah J. Baker, Esq. Each year, the H-1B "season," which commences when U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa petitions on April 1 for an October 1 employment start date, receives significant attention. However, there is another much less publicized, yet vitally important, immigration season that also deserves special mention: the Conrad 30 J-1 waiver program season...
    • 14 Nov 2012

    CA11 on Cuban Adjustment Act: Silva-Hernandez v. USCIS

    "This appeal presents an issue of statutory interpretation arising from the Cuban Adjustment Act of 1966 (CAA), Pub. L. No. 89-732, 80 Stat. 1161 (reproduced as a historical note to 8 U.S.C. § 1255). Camila Silva-Hernandez contends that the pattern and practice delineated in Section 23.11(m)(2) of the United States Citizenship and Immigration Services (Immigration Service) Adjudicator’s Field Manual violates...