LexisNexis® Legal Newsroom
USCIS and CBP to Implement Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

USCIS, Mar. 30, 2018 - "From April 30, 2018, to Oct. 31, 2018, the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under...

Beware The Gap: USCIS’s Policy Changes Cause Headaches and Confusion for F-1 Change of Status Applicants

Michelle S. Velasco, Apr. 17, 2018 - "There’s never any good news coming from USCIS these days. The agency’s treatment of applicants changing status to F-1 is another prime example of a confusing policy change that has no basis in law and regulation, and which severely hurts the U.S...

Is USCIS Changing the Rules for Special Immigrant Juveniles?

Liz Robbins, New York Times, Apr. 18, 2018 - "As a child, Y. says she was beaten by her father with ropes and cables in Honduras. J. says he was forced into labor in Burkina Faso. R., who was born in the Dominican Republic, says she was neglected by her mother and abandoned by her father. All three...

Documents Show DHS Confirmed Real Dangers of Returning Haitians in US, Cancelled TPS Despite Conditions - NIPNLG FOIA

NIPNLG, Apr. 17, 2018 - " Documents released today as a result of Freedom of Information Act litigation present new evidence in the multiple lawsuits accusing the Trump administration of racial animus and violation of required procedures in its cancellation of temporary protected status for Haitians...

USCIS Policy Alert: Acquisition of U.S. Citizenship for Children Born Out of Wedlock (Apr. 18, 2018)

USCIS, Apr. 18, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to clarify certain requirements for acquisition of U.S. citizenship for children born outside the United States and out of wedlock under sections 301 and 309 of the Immigration...

Cissna Signals Attack on H-4 EADs

Apr. 4, 2018 letter to Sen. Grassley - "'[O]ur plans include proposing regulatory changes to remove H-4 dependent spouses from the class of aliens eligible for employment authorization, thereby reversing the 2015 final rule that granted such eligibility. ... As with other revisions to regulations...

Guidance To The Perplexed After USCIS Sneaks In Ban On Third-Party Placement Of STEM OPT Workers

Cora-Ann Pestaina, Apr. 30, 2018 - "Recently, without any prior notice, USCIS quietly updated its STEM OPT webpage to reflect a ban on the placement of STEM OPT workers at third-party client sites. As background, on March 11, 2016 the Department of Homeland Security (DHS) published a final rule...

USCIS Updates EB-5 Investor Visa Policy Guidance (May 2, 2018)

USCIS, May 2, 2018 - "U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in Volume 6, Part G of the USCIS Policy Manual regarding the documentation of conditional permanent resident (CPR) status for employment-based fifth preference (EB-5) immigrants."

USCIS Updates Policy Memo on DNA Evidence in Support of Sibling Relationships (Apr. 17, 2018)

USCIS, May 2, 2018 - "USCIS has updated its policy on the acceptance of DNA evidence supporting sibling relationships. This policy memorandum (PDF, 136 KB) permits officers to suggest and consider direct sibling-to-sibling DNA test results, and provides standards for evaluating DNA results for full...

USCIS Releases Asylum Stats, Reports (May 2, 2018)

USCIS, May 2, 2018 - Affirmative Asylum Statistics January 2018 (PDF, 61 KB) Affirmative Asylum Statistics February 2018 (PDF, 59 KB) Affirmative Asylum Statistics March 2018 (PDF, 60 KB) Credible Fear and Reasonable Fear Statistics and Nationality Report (PDF, 158 KB) NACARA Cumulative Report January...

USCIS, DOJ Join Forces on Immigration - MOU (May 11, 2018)(UPDATED)

USCIS, May 11, 2018 - "U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice today announced a Memorandum of Understanding (MOU) (PDF, 2.00 MB) that expands their collaboration to better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign...

New USCIS DRAFT Policy Memo Takes Harder Line on Accrual of Unlawful Presence for Fs, Js and Ms (May 11, 2018)

USCIS, May 11, 2018 - "U.S. Citizenship and Immigration Services (USCIS) today posted a [DRAFT] policy memorandum changing how the agency will calculate unlawful presence for students and exchange visitors in F, J, and M nonimmigrant status, including F-2, J-2, or M-2 dependents, who fail to maintain...

Cyrus D. Mehta on USCIS' Unlawful Presence Policy Memo

Cyrus D. Mehta, May 12, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on May 10, 2018, “ Accrual of Unlawful Presence and F, J, and M Nonimmigrants .” The memo abruptly revises previous policy guidance in the USCIS Adjudicator’s Field Manual...

USCIS to Implement Online Processing of FOIA Requests

USCIS, May 30, 2018 - "U.S. Citizenship and Immigration Services (USCIS) today announced the launch of our Freedom of Information Act (FOIA) Immigration Records SysTem (FIRST), which will eventually allow users to submit, manage, and receive FOIA requests entirely online. Before this change, USCIS...

26 Documents for Asylum Officer Training Removed from USCIS Website

Web Integrity Project, May 29, 2018 - "Between March and April 2017, a series of 26 documents pertaining to training asylum officers were removed from the U.S. Citizenship and Immigration Services (USCIS) website. The materials were prepared for personnel charged with reviewing and vetting asylum...

Expert: ICE Uses Green Card Appointments at USCIS to Arrest 'Low Hanging Fruit'

Simon Montlake, CSMonitor, June 1, 2018 - "Immigrants married to US citizens who petition for them to stay present an easy target since they have declared themselves to US immigration services. Self-reporting immigrants make tempting targets for enforcement, says Stephen Yale-Loehr, a professor...

USCIS to Conduct Lottery for Temporary Increase in FY 2018 H-2B Cap

USCIS, June 6, 2018 - "As previously announced , USCIS began accepting H-2B petitions on May 31, 2018, under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018. In the first five...

USCIS Completes Lottery for Temporary Increase in FY 2018 H-2B Cap

USCIS, June 11, 2018 - "On May 31, 2018, U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B petitions under the temporary final rule increasing the numerical limit, or cap, on H-2B nonimmigrant visas by up to 15,000 additional visas through the end of fiscal year (FY) 2018. ...

Citizenship and Immigration Services Ombudsman's 2018 Annual Report to Congress

Citizenship and Immigration Services Ombudsman's 2018 Annual Report to Congress (June 28, 2018)

Two New USCIS Policy Memos re Issuance of Notices to Appear (June 28, 2018)

PM-602-0050.1 - "This Policy Memorandum (PM) outlines how U.S. Citizenship and Immigration Services’ (USCIS) Notice to Appear (NTA) and referral policies implement the Department of Homeland Security’s (DHS) removal priorities, including those identified in Executive Order 13768, and...

New USCIS NTA Policy 'Malicious, Counterproductive' - David Isaacson

David Isaacson, July 10, 2018 - "In a November 2017 article, the Washington Post described “How Trump is building a border wall that no one can see” : how the Trump Administration was, “in a systematic and less visible way, his administration is following a blueprint to reduce...

New USCIS Memo Threatens Asylum Seekers at Border (July 11, 2018)

USCIS, July 11, 2018 - "Guidance for Processing Reasonable Fear, Credible Fear, Asylum, and Refugee Claims in Accordance with Matter of A-B-"

New USCIS Policy on RFEs, NOIDs (effective Sept. 11, 2018)

USCIS, July 13, 2018 - "SUBJECT: Issuance of Certain RFEs and NOIDs; Revisions to Adjudicator’s Field Manual (AFM) Chapter 10.5(a), Chapter 10.5(b) Purpose This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) adjudicators regarding the discretion...

Heightened Ethical and Strategic Considerations for Business Immigration Attorneys Under USCIS’s New Removal Policy - Cyrus D. Mehta

Cyrus D. Mehta, July 16, 2018 - "U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance on July 5, 2018, PM-602-0050.1 , that aligns its policy for issuing Form I-862, Notice to Appear, with the immigration enforcement priorities of the Department of Homeland Security ...

CADC on Domestic Renunciation of Citizenship: Kaufman v. Nielsen

Kaufman v. Nielsen - "James Kaufman has tried to renounce his U.S. citizenship for more than a decade. In 2014, a field office of U.S. Citizenship and Immigration Services (USCIS) denied Kaufman’s renunciation request, claiming that he lacked the “intention” necessary to relinquish...