Maria Sacchetti, Washington Post, Dec. 8, 2023
"A federal judge in San Diego on Friday approved a settlement that prohibits U.S. officials from separating migrant families for crossing the U.S....
USCIS, Dec. 8, 2023
"The employment-based (EB) annual limit for fiscal year (FY) 2024 will be higher than was typical before the pandemic, though lower than in FY 2021-2023. We are dedicated to...
Elliot Spagat, Associated Press, Dec. 8, 2023
"A federal judge was poised Friday to prohibit separation of families at the border for purposes of deterring immigration for eight years, preemptively...
In an unpublished decision dated Dec. 4, 2023 a panel of the Ninth Circuit remanded for a new hearing. The facts are stunning...unless you practice immigration law:
"Because Lead Petitioner credibly...
This document is scheduled to be published in the Federal Register on 12/07/2023
"The Department of State (“Department”) is amending its regulation governing immigrant visas by removing...
NILA, Nov. 8, 2021
"Three Temporary Protected Status (TPS) holders filed a class action lawsuit challenging U.S. Citizenship and Immigration Services’ decision to rescind a decades-old policy which allowed them to seek lawful permanent resident status (green cards).
Immigration law permits TPS holders to travel abroad temporarily with prior agency approval. For nearly three decades, USCIS and its predecessor found such individuals, upon their lawful return to the United States, to have been “inspected and admitted or paroled”—one of the requirements for gaining lawful permanent resident status. In August 2020, however, USCIS adopted Matter of Z-R-Z-C-, an Administrative Appeals Office decision holding that a TPS holder’s lawful return did not satisfy the inspection and admission or parole requirement. Instead, under current policy, TPS holders who first entered the United States without inspection are found ineligible for green cards even after they are subsequently inspected upon returning from travel abroad.
All Plaintiffs have maintained TPS for at least twenty years and now seek to become lawful permanent residents through their U.S. citizen spouses. They all traveled abroad temporarily with permission and lawfully returned to the United States after August 2020. All of them would be eligible for green cards but for USCIS’s current policy, which does not recognize them as being inspected and admitted or paroled.
Represented by the Northwest Immigrant Rights Project, National Immigration Litigation Alliance, and Law Offices of Stacy Tolchin, the plaintiffs allege that USCIS’s policy violates the Immigration and Nationality Act and agency regulations. The lawsuit asks the court to prohibit the agency from applying the new policy and to order USCIS to reopen and readjudicate any class members’ applications that were denied.
“In adopting Matter of Z-R-Z-C- as agency policy, USCIS shut the door to permanent residency for an untold number of noncitizens who have lived for years in lawful Temporary Protected Status,” said Mary Kenney, Deputy Director of the National Immigration Litigation Alliance. “The decision—which abruptly reversed three decades of agency policy—is legally flawed and unnecessarily harsh.”
“USCIS’s policy violates the admissions framework Congress created and harms valued members of our community,” said Leila Kang, a staff attorney at NWIRP. “TPS holders who have built their families and livelihoods in the U.S. should not be deprived of the opportunity to remain with their loved ones.”
The complaint can be viewed here."
Mary Kenney, National Immigration Litigation Alliance(617) 819-4681; firstname.lastname@example.org
Leila Kang, Northwest Immigrant Rights Project(206) 816-3847; email@example.com