"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...
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...
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...
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...
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...
"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...
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.
"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...
"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...
"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...
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...
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...
"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...
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...
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...
"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...
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...
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...
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...
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...
"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...
"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...
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...
"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...
Both on Feb. 7, 2014: Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) - (1) In order to clarify that the “social visibility” element required to establish a cognizable “particular social group” does not mean literal or “ocular”...