Jeff Sessions Ruled Immigration Judges to End Administrative Closures
May 21, 2018
On May 17, 2018, Attorney General Jeff Sessions ruled that immigration judges and the Board of Immigration Appeals do not have the general authority to indefinitely suspend cases through administrative closures. The decision applies nationwide – though we can expect it will be challenged in the federal courts.
Immigration judges use administrative closures to indefinitely pause lower-level deportation cases and help manage their caseload. With Session’s decision, judges will be forced to keep long-pending cases on their active dockets that will contribute to the already massive backlog of immigration cases. Although Sessions ended administrative closure for future cases, regulations will permit the practice in a limited number of cases. As for the current 350,000 administratively closed cases, we can expect these cases to gradually make their way back onto court dockets in the next few weeks and months through motions by the government. READ MORE >>
Filing Initial DACA Applications May Be Allowed
April 24, 2018
AILA updated its practice alert on filing DACA applications in light of an April 24, 2018, district court ruling that held that DHS’s decision to rescind DACA was “arbitrary and capricious” and vacated the termination of the program. This decision differs from previous court rulings because it would affect new applications, but it is on hold for 90 days. As a result, there are no new changes to the program as of now.
Please contact our New York DACA attorneys if you have any questions regarding the latest DACA development at 800-223-2814 .
A Rule is Changed for Young Immigrants, and Green Card Hopes Fade
April 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 applied for something known in immigration law as Special Immigrant Juvenile status, which lets children under the age of 21 who have been abused, abandoned or neglected by one or both parents obtain a green card. But in the last several weeks, all three, living in New York, were denied because of an unannounced policy reversal by the Trump administration.
Under the new interpretation, the United States Citizenship and Immigration Services said that applicants in New York who were over 18, but not yet 21, when they began the application process no longer qualify. READ MORE >>
For legal assistance, contact our New York Special Immigrant Juvenile Status lawyers at 800-223-2814 .
USCIS Reaches FY 2019 H-1B Cap
April 6, 2018
USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap.
The agency will reject and return filing fees for all unselected cap-subject petitions that are not prohibited multiple filings.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted toward the FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States;
- Change the terms of employment for current H-1B workers;
- Allow current H-1B workers to change employers; and
- Allow current H-1B workers to work concurrently in a second H-1B position.
If you have any questions, please contact our office at 800-223-2814 .
Supreme Court Ruling Means Immigrants Could Continue To Be Detained Indefinitely
February 27, 2018
The U.S. Supreme Court ruled that immigrants, even those with permanent legal status and asylum seekers, do not have the right to periodic bond hearings.
It’s a profound loss for those immigrants appealing what are sometimes indefinite detentions by the government. Many are held for long periods of time — on average, 13 months — after being picked up for things as minor as joyriding. Some are held even longer. READ MORE >>
If a loved one is detained, contact our elite New York deportation lawyers at 800-223-2814 .