ICE RAC Cocoa Beach arrests man after online threats

COCOA BEACH, Fl. – Homeland Security Investigation’s (HSI) office in Cocoa Beach and the Cocoa Beach Police Department arrested a man on Aug. 24 for violation of state law (FSS 836.10) concerning written threats to kill, do bodily injury, or conduct a mass shooting or an act of terrorism.
“This is another example of HSI using our unique international investigative authorities to make our local communities safer,” said HSI Tampa, Orlando Assistant Special Agent in Charge David Pezzutti.
“The strength of our law enforcement partnerships continues to serve as a force-multiplier as we work to ensure the public safety,” said Cocoa Beach Police Chief Scott Rosenfeld. “I am proud of the teamwork displayed and our investigators’ resolve to expeditiously locate and apprehend this individual.” Read more at: https://www.ice.gov/news/releases/ice-rac-cocoa-beach-arrests-man-after-online-threats

Contact Darren Heyman, immigration attorney, for more information.

USCIS Policy Manual Update

Introduction

Our latest update to the USCIS Policy Manual defines “residence” as it relates to citizenship for children of certain U.S. government employees and members of the U.S. armed forces who are employed or stationed outside the United States, to conform with the definition of residence in the Immigration and Nationality Act (INA). This guidance rescinds previously established USCIS policy, which stated that certain children who were living outside the United States were considered “residing in” the United States.

As a result, it changes the process that parents of such children must follow to obtain a Certificate of Citizenship for their children. Under the previous policy, parents of those children could file either Form N-600, Application for Certificate of Citizenship, or Form N-600K, Application for Citizenship and Issuance of Certificate Under Section 322, on behalf of their children. As of Oct. 29, 2019, these parents must file Form N-600K to obtain U.S. citizenship for any child who did not acquire citizenship at birth or while residing in the United States. Therefore, we will apply current guidance to all applications filed before Oct. 29, 2019. Read more at: https://www.uscis.gov/news/fact-sheets/uscis-policy-manual-update

Contact Darren Heyman, immigration attorney, for more information.

Indian artifacts repatriated to home country during London ceremony

LONDON – Pursuant to an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), with participation from the Metropolitan Police Service (MPS); the High Commission of India in London in coordination with Indian Customs; and the Manhattan District Attorney’s Office in New York (DANY), the limestone carved relief and Navaneetha Krishna Bronze figure from India were repatriated to their home country.  On Aug. 15, the High Commissioner of India in London accepted the return of the artifacts on behalf of India.

The artifacts are linked to one of the most prolific art smugglers in the world, who was recently charged in Manhattan, New York.  An individual in the United Kingdom who possessed the items came forward to HSI expressing a desire to surrender the pieces.  In June 2019, working with the MPS, the individual cooperated and turned over the artifacts to authorities. Read more at:https://www.ice.gov/news/releases/indian-artifacts-repatriated-home-country-during-london-ceremony

Contact Darren Heyman, immigration attorney, for more information.

Mexican man extradited to the United States to face sex trafficking charges

NEW YORK — A Mexican man was extradited to the United States Wednesday to faces charges for his role in a transnational sex trafficking ring. This following an investigation by U.S. Immigration and Customs Enforcement’s (ICE), Homeland Security Investigations (HSI) New York with assistance from the HSI Mexico City Attaché office and the Mexican Federal Police.

Jose Miguel Melendez-Rojas was arrested in February 2019 in Mexico following the joint investigation, and is charged with five co-defendants: two were extradited from Mexico to the United States in October 2018, and three were previously arrested in the United States. He faces an 18-count indictment charging him with sex trafficking conspiracy, sex trafficking of minors, interstate prostitution, alien smuggling and money laundering conspiracy. Read more at: https://www.ice.gov/news/releases/mexican-man-extradited-united-states-face-sex-trafficking-charges#wcm-survey-target-id

Contact Darren Heyman, immigration attorney, for more information.

USCIS Helps Detect Marriage Fraud Ring

NEW HAVEN, Conn. — John H. Durham, United States attorney for the District of  Connecticut; the acting special agent in charge of Homeland Security Investigations (HSI) in Boston; and a supervisory immigration officer for U.S. Citizenship and Immigration Services (USCIS) Office of Fraud Detection and National Security (FDNS), announced that Jodian Stephenson, also known as “Jodian Gordon,” 35, of Bridgeport, pleaded guilty on Aug. 19, in New Haven federal court to a conspiracy charge stemming from her arrangement of numerous fraudulent marriages so that non-U.S. citizens would receive U.S. immigration benefits.

USCIS officials within the FDNS Directorate learned of the potential fraudulent marriages to obtain Green Card benefits in 2016 and began collaborating with HSI investigators to reveal numerous cases of marriage fraud.

“We at USCIS take marriage fraud – and all fraud – seriously,” said USCIS Acting Director Ken Cuccinelli. “I commend the professionalism of the USCIS staff that reported the attempts to defraud our immigration system, and our officers who are partnering with HSI and the U.S. Attorney’s Office for the District of Connecticut to investigate these claims. I also thank our law enforcement partners for their efforts to bring perpetrators to justice. Let this serve as a reminder that if you partake in fraudulent activity, you will get caught.” Read more at:https://www.uscis.gov/news/news-releases/uscis-helps-detect-marriage-fraud-ring

Contact Darren Heyman, immigration attorney, for more information.

USCIS Issues Guidance on Discretionary Employment Authorization for Parolees

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued policy guidance (PDF, 305 KB) in the USCIS Policy Manual to address its discretion to grant employment authorization to foreign nationals who are paroled into the United States, including those who are otherwise inadmissible.

Certain foreign nationals may be paroled into the United States for urgent humanitarian reasons or significant public benefit. Parolees are not entitled to employment authorization solely because they are paroled into the United States, but instead must establish eligibility and apply for employment authorization. USCIS will only consider employment authorization for parolees when, based on the facts and circumstances of each individual case, USCIS finds that a favorable exercise of discretion is warranted. Read more at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

Contact Darren Heyman, immigration attorney, for more information.

Former vice president of Venezuela Tareck El Aissami and Venezuelan businessman Samark Lopez Bello added to ICE’s Most Wanted List for international narcotics trafficking, money laundering

NEW YORK – U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced earlier this month the addition of former Venezuelan Vice President and current Minister of Industry and National Production Tareck Zaidan El Aissami Maddah and his co-conspirator, Venezuelan businessman Samark Jose Lopez Bello, to its Most Wanted list for international narcotics trafficking and money laundering. The action followed an ICE HSI New York investigation that led to their special designations as narcotics traffickers as well as sanctions imposed by the U.S. Treasury Department in 2017 and criminal charges filed by the U.S. Attorney’s Office for the Southern District of New York earlier this year.

El Aissami was appointed executive vice president of Venezuela in January 2017. He previously served as governor of Venezuela's Aragua state from 2012 to 2017, as well as Venezuela's minister of interior and justice starting in 2008. He facilitated shipments of narcotics from Venezuela, including control over planes that left from a Venezuelan air base and routing drugs through Venezuelan ports. In his previous positions, he oversaw or partially owned narcotics shipments of more than 1,000 kilograms from Venezuela on multiple occasions, including those with final destinations in Mexico and the United States. Read more at: https://www.ice.gov/news/releases/former-vice-president-venezuela-tareck-el-aissami-and-venezuelan-businessman-samark

Contact Darren Heyman, immigration attorney, for more information.

US Customs and Border Protection says systems are being restored after earlier outage snarled international arrivals at airports

U.S. Customs and Border Protection said Friday evening that systems around the country were being restored after an earlier outage prevented U.S. immigration officials from processing thousands of arriving passengers during a busy summer travel day.

It wasn’t immediately clear what caused the problem at U.S. Customs and Border Protection, but the agency said it will continue investigating. There was no indication that the system was intentionally derailed, according to a CPB official.

CBP officers used “alternative procedures” to process travelers arriving from abroad, the agency said. Read more at: https://www.cnbc.com/2019/08/16/computer-issue-snarls-immigration-processing-at-airports-around-the-us.html

Contact Darren Heyman, immigration attorney, for more information.

ICE Starts Immigration Site Visits For Students On STEM OPT

Immigration and Customs Enforcement (ICE) officers could question international students and company managers during new site visits underway to investigate students on Optional Practical Training (OPT) in science, technology, engineering and math (STEM) fields. This is the latest in a series of actions by the Trump administration aimed at companies, high-skilled professionals and international students.

“Though ICE has had the authority to make site visits since regulations governing the STEM OPT program were revised in May 2016, the agency has not begun to conduct inspections until now,” according to the Fragomen law firm. “The inspection may include individual interviews with company personnel, a review and discussion of the foreign national’s training plan and its implementation, and a review of his or her skills and degree in relation to the STEM degree. ICE may also request to view F-1 trainee workspaces or receive a tour of the premises.” Read more at: https://www.forbes.com/sites/stuartanderson/2019/08/12/ice-starts-immigration-site-visits-for-students-on-stem-opt/#61c54f075512

Contact Darren Heyman, immigration attorney, for more information.

USCIS Announces Final Rule Enforcing Long-Standing Public Charge Inadmissibility LawWASHINGTON — Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources. This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status.

WASHINGTON — Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations rather than on public resources.

This final rule amends DHS regulations by prescribing how DHS will determine whether an alien is inadmissible to the United States based on his or her likelihood of becoming a public charge at any time in the future, as set forth in the Immigration and Nationality Act. The final rule addresses U.S. Citizenship and Immigration Services (USCIS) authority to permit an alien to submit a public charge bond in the context of adjustment of status applications. The rule also makes nonimmigrant aliens who have received certain public benefits above a specific threshold generally ineligible for extension of stay and change of status. Read more at:https://www.uscis.gov/news/news-releases/uscis-announces-final-rule-enforcing-long-standing-public-charge-inadmissibility-law

Contact Darren Heyman, immigration attorney, for more information.

Arriving in the USA Without an ESTA — TPG Staff Mistake Story

What Is an ESTA?

If you’ve never travelled to the States before, you might not know that you need a valid ESTA (Electronic System for Travel Authorization). It’s used to determine the eligibility of a foreign national to travel to the United States under the Visa Waver Program (VWP). The VWP was introduced in 2006 to enable nationals of 38 countries across the globe to gain easier access to travel to the US for business or leisure without going through the lengthy process of applying for a proper visa.

How Do I Apply for an ESTA?

There is only one official government site to apply for an ESTA. It is a relatively straight-forward process, which costs $14 (£11). I would advise doing your application as soon as you find out that you’ll be travelling to the States in order to make sure you avoid any last-minute issues like I did. It can take anywhere from a couple of hours to three days for the ESTA to be granted, and until it is, you will not be allowed to clear customs upon landing. Read more at: https://thepointsguy.co.uk/news/arriving-in-usa-without-esta-staff-mistake/

Contact Darren Heyman, immigration attorney, for more information.

USCIS Will Adjust International Footprint to Seven Locations

WASHINGTON — U.S. Citizenship and Immigration Services (USCIS) announced today plans to maintain operations at its international field offices in Beijing and Guangzhou, China; Nairobi, Kenya; and New Delhi, India. Previously, Acting Director Ken Cuccinelli directed the agency to continue operating in Guatemala City, Guatemala; Mexico City, Mexico; and San Salvador, El Salvador, as part of a whole-of-government approach to address the crisis at the southern border.

While retaining these seven international offices, USCIS plans to close the remaining thirteen international field offices and three district offices between now and August 2020. The first planned closures are the field offices in Monterrey, Mexico, and Seoul, South Korea, at the end of September. These organizational changes will allow more effective allocation of USCIS resources to support, in part, backlog reduction efforts. Read more at: https://www.uscis.gov/news/news-releases/uscis-will-adjust-international-footprint-seven-locations

Contact Darren Heyman, immigration attorney, for more information.

US immigration: ICE releases 300 people after Mississippi raids

US immigration officials say they have temporarily released about 300 people who were arrested in a massive raid in Mississippi on Wednesday.

Nearly 700 workers from seven agricultural processing plants were arrested for allegedly not having proper documentation to be in the US.

The raids sparked condemnation from Democrats as stories emerged of children separated from their parents.

Officials say they took steps to ensure any children were properly cared for.

Immigration and Customs Enforcement (ICE) said "approximately 680 removable aliens" had been detained during the operation, which saw agents arriving in buses to question and arrest workers at the plants.

President Donald Trump had announced an immigration crackdown in June, saying "millions of illegal aliens who [had] found their way into the US" would be removed. Read more at: https://www.bbc.com/news/world-us-canada-49283157

Contact Darren Heyman, immigration attorney, for more information.

ICE executes federal search warrants at multiple Mississippi locations

JACKSON, Miss. – U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) executed multiple federal criminal search warrants at seven agricultural processing plants across Mississippi Wednesday morning as part of an ongoing HSI worksite enforcement criminal investigation.

In addition to executing federal search warrants and seizing business records pertaining to the ongoing federal criminal investigation, deportation officers with ICE Enforcement and Removal Operations (ERO) in partnership with HSI detained approximately 680 removable aliens who were unlawfully working at the plants. Read more at: https://www.ice.gov/news/releases/ice-executes-federal-search-warrants-multiple-mississippi-locations#wcm-survey-target-id

Contact Darren Heyman, immigration attorney, for more information.

USCIS Assists in Conviction of Visa Fraud Perpetrator

SACRAMENTO, Calif. — A federal jury convicted Abhijit Prasad, 52, of Tracy, California, on 21 counts of visa fraud and two counts of aggravated identity theft today. The case originated in Sacramento when the grand jury there indicted Prasad in 2016, but the case was ultimately tried in San Francisco after a court order transferred the case there.

U.S. Attorney David Anderson for the Northern District of California and U.S. Attorney McGregor W. Scott for the Eastern District of California made the announcement.

According to the evidence at trial, Prasad filed 19 petitions for H-1B nonimmigrant visas containing false statements, made under penalty of perjury, about purported work projects to be performed at locations in California, including Cisco Systems. The evidence at trial showed that Cisco had no expectation that the foreign workers who were the beneficiaries of the visa petitions would actually work at Cisco on an existing work project. The evidence at trial further showed that the defendant knowingly submitted forged Cisco documents to U.S. Citizenship and Immigration Services (USCIS) in support of his claims that the beneficiaries would work at Cisco. Read more at: https://www.uscis.gov/news/news-releases/uscis-assists-conviction-visa-fraud-perpetrator

Contact Darren Heyman, immigration attorney, for more information.

USCIS to End Certain Categorical Parole Programs

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced its intention to terminate two categorical parole programs, consistent with Executive Order (E.O.) 13767, Border Security and Immigration Enforcement Improvements, and to better ensure that parole is used only on a case-by-case basis, consistent with the law. Parole is a process that allows foreign nationals to temporarily enter or remain in the United States, including those who are otherwise inadmissible. The programs to be terminated are the Haitian Family Reunification Parole program and the Filipino World War II Veterans Parole program.

Under both of these categorical parole programs, individuals with approved family-based immigrant petitions have been authorized to enter and work in the United States while waiting for their green card to become available. The decision to end these parole programs ends the expedited processing that was made available to these populations in a categorical fashion. It follows an extensive review to better ensure that parole authority under the Immigration and Nationality Act is exercised on a case-by-case basis when there is a significant public benefit or urgent humanitarian reason. Categorical parole refers to programs designed to consider parole for entire groups of individuals based on pre-set criteria. Read more at: https://www.uscis.gov/news/news-releases/uscis-end-certain-categorical-parole-programs

Contact Darren Heyman, immigration attorney, for more information. 

Reimagining Justice for Immigrant Survivors Through VAWA

The immigration-related provisions of the Violence Against Women Act (VAWA) hold powerful potential to help us reimagine our understanding of diaspora, integration and discrimination.

Among the various purposes of VAWA is to make lawful immigration status a reality for those who have been victims of domestic abuse by spouses, parents or children who are U.S. citizens or lawful permanent residents. Beyond this, VAWA-based immigration cases help discredit the myth of the miscreant invader — not just because its immigration relief is premised on having been abused, but on having been abused by a U.S. citizen or lawful permanent resident. Read more at: https://truthout.org/articles/reimagining-justice-for-immigrant-survivors-through-vawa/

Contact Darren Heyman, immigration attorney, for more information.

Brits could be turned away at US border if they don’t check their ESTA application now to make sure it’s gone through

BRITS heading to the US have been warned to check their ESTA

applications ahead of time.
Due to the government website being updated, a number of applications could be archived instead of being processed.
The update will be taking place on August 5, which is when problems could crop up.
On the ESTA website, it warns: "The ESTA website will be updated on August 5, 2019.
"All ESTA applications that are in a pending payment status at the time of the update will be archived.
"Applicants impacted will have to reapply after the update is complete." Read more at:https://www.thesun.co.uk/travel/9639257/esta-application-warning-us-holidays/

Contact Darren Heyman, immigration attorney, for more information.

DHS reaffirms adjustment of status with TPS is only valid in 6th and 9th Circuits (Arizona, California, Idaho, Illinois, Indiana, Montana, Nevada, Oregon, Washington, and Wisconsin)

The following immigration policy memorandum is now available on the Policy Memoranda section of the USCIS website:
• Matter of H-G-G-, Adopted Decision 2019-01 PM-602-0172
Matter of H-G-G- addresses recipients of Temporary Protected Status (TPS) and their eligibility to adjust status under section 245 of the Immigration and Nationality Act. This decision reaffirms the long-standing position of the Department of Homeland Security and the former Immigration and Naturalization Service that TPS recipients are considered as being in and maintaining lawful status as a nonimmigrant only during the period that TPS is in effect. A grant of TPS does not confer an admission, nor does it cure or otherwise affect any previous failure to maintain continuously a lawful status.
Matter of H-G-G- also says that because the U.S. Courts of Appeals for the 6th and 9th Circuits have held that a grant of TPS supplies the requisite admission for purposes of adjustment, USCIS personnel will follow those decisions only in those respective jurisdictions and on that specific issue. On the question of whether a grant of TPS absolves a prior unlawful status, USCIS personnel will apply the holding in Matter of H-G-G- universally.

Contact Darren Heyman, immigration attorney, for more information.