USCIS Updates Policy Guidance on Naturalization Applicants Who Did Not Properly Obtain Lawful Permanent Resident Status

 On Nov. 18, U.S. Citizenship and Immigration Services updated policy guidance in the USCIS Policy Manual to clarify the circumstances when we would find applicants ineligible for naturalization  because they were not lawfully admitted for permanent residence. 

Applicants are ineligible for naturalization if they obtained lawful permanent residence (LPR) status in error, by fraud or otherwise not in compliance with the law.

The update also clarifies that we review whether applicants have abandoned their LPR status when we adjudicate their naturalization application. If an applicant does not meet the burden of establishing that they maintained LPR status, we generally deny the naturalization application and place the applicant in removal proceedings by issuing a Notice to Appear (NTA). The update also provides that we generally deny a naturalization application filed on or after the effective date if the applicant is in removal proceedings pursuant to a warrant of arrest. Read more at: https://www.uscis.gov/news/alerts/uscis-updates-policy-guidance-on-naturalization-applicants-who-did-not-properly-obtain-lawful

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE participates in international crackdown targeting darknet dealers

 LOS ANGELES – As part of an international effort to disrupt narcotics trafficking on the darknet, special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and members of the Los Angeles Joint Criminal Opioid and Darknet Enforcement (JCODE) Task Force announced charges Tuesday against a key member of a Southern California drug trafficking organization who allegedly distributed methamphetamine and other illicit narcotics to thousands of customers in at least 35 states and numerous countries around the world. Read more at: https://www.ice.gov/news/releases/ice-participates-international-crackdown-targeting-darknet-dealers.

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE announces results of latest operations targeting criminal aliens

 WASHINGTON – U.S. Immigration and Customs Enforcement (ICE) announced Tuesday the results of recent enforcement actions targeting removable aliens who have been arrested for, or have pending charges or convictions, for crimes involving victims.

Data captured from July 13 to Aug. 20 shows that ICE officers arrested more than 2,000 at-large individuals living illegally in the U.S., or who are removable from the U.S. due to their criminal histories. About 85 percent of those arrested by ICE on immigration charges also had criminal convictions or pending criminal charges. Read more at: https://www.ice.gov/news/releases/ice-announces-results-latest-operations-targeting-criminal-aliens

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Adopts AAO Decision on TPS and Authorized Travel

 WASHINGTON—U.S. Citizenship and Immigration Services today announced a Policy Memorandum (PDF, 268.36 KB) adopting the Administrative Appeals Office (AAO) decision on Matter of Z‑R‑Z‑C.

The decision holds that Temporary Protected Status (TPS) beneficiaries who travel abroad using a Department of Homeland Security (DHS)-issued travel document under Immigration and Nationality Act (INA) section 244(f)(3) generally will retain the same immigration status on their return that they had at the time of departure. Exceptions apply to aliens inadmissible under certain criminal or national security grounds or with immigrant or nonimmigrant visas they present for admission to the United States.

This travel does not satisfy the “inspected and admitted or paroled” eligibility requirement for obtaining adjustment of status to lawful permanent residence. This is consistent with the agency’s previous clarification that a TPS beneficiary’s authorized travel does not execute a final order of removal. Read more at: https://www.uscis.gov/news/news-releases/uscis-adopts-aao-decision-on-tps-and-authorized-travel

Contact Darren Heyman, immigration attorney, for more information.

USCIS Extends Transitional Parole for CNMI Long-Term Resident Status Applicants

USCIS announced today that it will automatically extend parole, and employment authorization if applicable, for parolees who timely applied for Commonwealth of the Northern Mariana Islands (CNMI) long-term resident status.

This specific extension of parole applies only to current parolees who timely filed Form I-955, Application for CNMI Long-Term Resident Status, and Form I-765, Application for Employment Authorization, and whose applications remain pending on Aug. 17. USCIS will automatically extend their parole (and employment authorization, if applicable) without interruption through Dec. 31, 2020, or the date that USCIS makes a final decision on the parolee’s Form I‑955 and Form I-765, whichever is earlier. Read more at: https://www.uscis.gov/news/alerts/uscis-extends-transitional-parole-for-cnmi-long-term-resident-status-applicants

Contact Darren Heyman, immigration attorney, for more information.

USCIS Adjusts Fees to Help Meet Operational Needs

WASHINGTON—Today, the Department of Homeland Security announced a final rule (PDF) that adjusts fees for certain immigration and naturalization benefit requests to ensure U.S. Citizenship and Immigration Services recovers its costs of services.

Unlike most government agencies, USCIS is fee funded. Fees collected and deposited into the Immigration Examinations Fee Account fund nearly 97% of USCIS’ budget.

As required by federal law, USCIS conducted a comprehensive biennial fee review and determined that current fees do not recover the cost of providing adjudication and naturalization services. DHS is adjusting USCIS fees by a weighted average increase of 20% to help recover its operational costs. Current fees would leave the agency underfunded by about $1 billion per year. Read more at: https://www.uscis.gov/news/news-releases/uscis-adjusts-fees-to-help-meet-operational-needs.

Contact Darren Heyman, immigration attorney, for more information.

Dear clients, we are happy to announce that we have finally started receiving notices of Biometrics appointments resuming in Las Vegas.
Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Applying Discretion in USCIS Adjudications

U.S. Citizenship and Immigration Services today consolidated existing policy guidance in the USCIS Policy Manual regarding officers’ application of discretion in adjudications.

For many immigration benefits, including certain applications for lawful permanent residence and employment authorization, requestors must show that a favorable exercise of discretion is warranted, in addition to showing that they meet all other eligibility requirements. In these cases, officers typically analyze discretion at the end of the review, after they have determined the requestor meets all other applicable eligibility requirements. Read more at: https://www.uscis.gov/news/alerts/applying-discretion-uscis-adjudications

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Extends Flexibility for Responding to Agency Requests

In response to the coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services is extending the flexibilities it announced on March 30, 2020, to assist applicants and petitioners who are responding to certain:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion. Read more at: https://www.uscis.gov/news/alerts/uscis-extends-flexibility-responding-agency-requests-0

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

New ICE HSI PSA aims to help parents and educators combat youth exploitation online

WASHINGTON — Today, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) launched a new public service announcement as part of the ongoing Project iGuardian campaign. The campaign is designed to increase awareness in combatting online child sexual exploitation and instruct parents and educators how to safeguard youth from predatory situations during the COVID-19 pandemic and as summer break approaches. 
“HSI’s Child Exploitation Investigations Unit (CEIU) has taken a proactive approach to public education and awareness by implementing an outreach program that offers virtual presentations for schools and youth organizations using the Project iGuardian educational tool,” said Erin Burke, Section Chief for HSI Cyber Crimes Center’s CEIU and Victim Identification Program. “We believe that steadfast and continued distribution of accurate and focused information will better prepare our communities to prevent instances of child exploitation.” 
Read more at: https://www.ice.gov/news/releases/new-ice-hsi-psa-aims-help-parents-and-educators-combat-youth-exploitation-online

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE HSI Baltimore seizes over 14,000 unapproved COVID-19 treatment capsules, several unapproved test kits

BALTIMORE — U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) Baltimore special agents and Maryland law enforcement partners have seized over 14,000 unapproved COVID-19 treatment capsules and several unapproved COVID-19 test kits as part of ongoing Operation Stolen Promise investigations. Operation Stolen Promise is a national operation aimed at combatting COVID-19 fraud and other related criminal activity. The operation enhances collaboration with multiple federal agencies, along with business and industry representatives. Surging criminal activity surrounding the COVID-19 pandemic requires an equally robust investigative response to protect the American public. Read more at: https://www.ice.gov/news/releases/ice-hsi-baltimore-seizes-over-14000-unapproved-covid-19-treatment-capsules-several

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Former North Texas pastor sentenced to more than 24 years for child exploitation

DALLAS – A former Arlington, Texas, pastor was sentenced Monday to 293 months in federal prison for sexual exploitation of a child, following an investigation by special agents with U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

The Arlington and Fort Worth Police departments and Texas Department of Public Safety assisted with the case.

Brett Jarad Monroe, 39, former associate pastor at Heritage Baptist Church in Arlington, Texas, pleaded guilty in January to one count of sexual exploitation of a child. Read more at: https://www.ice.gov/news/releases/former-north-texas-pastor-sentenced-more-24-years-child-exploitation

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Resumes Premium Processing for Certain Petitions

U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month. 

Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.

Effective June 8, USCIS will accept premium processing requests for: 

• H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations). 
• All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Read more at: https://www.uscis.gov/news/alerts/uscis-resumes-premium-processing-certain-petitions

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Begins Implementing New Interactive Voice Response Telephone System

USCIS is introducing a new interactive voice response (IVR) telephone system today for English and Spanish calls to the USCIS Contact Center. The new IVR system personalizes the caller’s experience by giving the caller the ability to:

• Speak to the system rather than selecting keypad options;
• Receive links for forms and information by email or text; and
• Provide real-time feedback through an optional survey.     

Read more at: https://www.uscis.gov/news/alerts/uscis-begins-implementing-new-interactive-voice-response-telephone-system

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

DHS Offers Flexibilities to Increase Food Security, Stabilize U.S. Supply Chain During COVID-19

WASHINGTON—The Department of Homeland Security (DHS) has announced a temporary final rule to change certain H-2B requirements to help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.

These temporary measures apply solely to aliens already present in the United States with a valid H-2B nonimmigrant status, and the temporary final rule does not increase H-2B visas above the congressionally mandated 66,000 visa cap through the remainder of fiscal year (FY) 2020. Read more at: https://www.uscis.gov/news/news-releases/dhs-offers-flexibilities-increase-food-security-stabilize-us-supply-chain-during-covid-19

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE HSI seizes approximately 48 kilograms of cocaine in Michigan

DETROIT – Special agents from U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) in Detroit, seized approximately 48 kilograms of cocaine at the border in Michigan on April 29. The cocaine was concealed inside a tractor trailer which was destined for Canada.

No arrests were made in the ongoing HSI investigation. HSI routinely works with its partner federal, state, and local law enforcement agencies to intercept dangerous drugs before they can reach local communities. Read more at: https://www.ice.gov/news/releases/ice-hsi-seizes-approximately-48-kilograms-cocaine-michigan

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Offices Preparing to Reopen on June 4

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS is readying offices to reopen on or after June 4. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public while the offices are closed.

While offices are temporarily closed, USCIS will continue to provide limited emergency in-person services. Please call the USCIS Contact Center for assistance with emergency services. Read more at: https://www.uscis.gov/news/alerts/uscis-offices-preparing-reopen-june-4

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak

The 2019 Novel Coronavirus (COVID-19) has significantly disrupted the livelihoods of Americans. In Proclamation 9994 of March 13, 2020 (Declaring a National Emergency Concerning the Novel Coronavirus Disease (COVID-19) Outbreak), I declared that the COVID–19 outbreak in the United States constituted a national emergency, beginning March 1, 2020. Since then, the American people have united behind a policy of mitigation strategies, including social distancing, to flatten the curve of infections and reduce the spread of SARS–CoV–2, the virus that causes COVID-19. Read more at: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

The executive order has been released. It would appear on its face that it only applies to immigrant visa applicants who are not the spouses or children (under 21) of US citizens, are outside the U.S., and do not yet have their immigrant visas issued. As such, it will effect those who have filed for their siblings, parents, and employment-based immigrant visas.
For those applicants within the US, who are applying for adjustment of status, from within the U.S., this order does not appear to apply, for any category, including parents, and even work-based applicants.
USCIS offices are closed to the public until at least May 3, 2020. We will only know the implementation of this order once those offices reopen and they start rescheduling interviews.

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

President Trump claims he will temporarily suspend immigration into US

President Donald Trump said he will sign an executive order to "temporarily suspend immigration" into the U.S. amidst the COVID-19 outbreak.

On Monday evening, he said in a tweet, "In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!" 

Well, we do not yet know how this is going to affect our clients and people who have already filed for immigrant visas and status, we will be sure to keep you posted as soon as we do.

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE Dallas arrests Salvadoran gang member wanted for capital murder

DALLAS – Officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested a Salvadoran man Thursday night in Arlington, Texas, who was wanted for capital murder. 

Jonathan Alexander Gonzalez-Rosales, 25, is in the U.S. illegally and an active member of the 18th Street Gang, a transnational criminal organization. The Texas Office of the Attorney General assisted members of the ERO Dallas Fugitive Operations Team with the arrest.

According to court documents, Gonzalez-Rosales was wanted for the murder of Franklin Alexander Mercado, 17. Mercado’s body was discovered Jan. 22, 2020, in the 300 block of N. Prairie Creek Road in Dallas with multiple stab wounds. A Dallas County magistrate judge issued an arrest warrant for Gonzalez-Rosales April 1, 2020, for capital murder. Read more at: https://www.ice.gov/news/releases/ice-dallas-arrests-salvadoran-gang-member-wanted-capital-murder

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

DHS and USDA Move to Protect American Farmers and Ensure Continued Flow of America’s Food Supply

WASHINGTON— The Department of Homeland Security, with the support of the U.S. Department of Agriculture (USDA), has announced a temporary final rule to change certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. These temporary flexibilities will not weaken or eliminate protections for U.S. workers.

Under this temporary final rule, an H-2A petitioner with a valid temporary labor certification who is concerned that workers will be unable to enter the country due to travel restrictions can start employing certain foreign workers who are currently in H-2A status in the United States immediately after United States Citizenship and Immigration Services (USCIS) receives the H-2A petition, but no earlier than the start date of employment listed on the petition. To take advantage of this time-limited change in regulatory requirements, the H-2A worker seeking to change employers must already be in the United States and in valid H-2A status. Read more at: https://www.uscis.gov/news/news-releases/dhs-and-usda-move-protect-american-farmers-and-ensure-continued-flow-americas-food-supply

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

COVID-19 Delays in Extension/Change of Status Filings

The Department of Homeland Security (DHS) recognizes that there are immigration-related challenges as a direct result of the coronavirus (COVID-19) pandemic. We continue to carefully analyze these issues and to leverage our resources to effectively address these challenges within our existing authorities. DHS also continues to take action to protect the American people and our communities, and is considering a number of policies and procedures to improve the employment opportunities of U.S. workers during this pandemic.

Generally, nonimmigrants must depart the United States before their authorized period of admission expires. However, we recognize that nonimmigrants may unexpectedly remain in the United States beyond their authorized period of stay due to COVID-19. Read more at: https://www.uscis.gov/news/alerts/covid-19-delays-extensionchange-status-filings

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE Dallas arrests Salvadoran gang member wanted for capital murder

DALLAS – Officers with U.S. Immigration and Customs Enforcement’s (ICE) Enforcement and Removal Operations (ERO) arrested a Salvadoran man Thursday night in Arlington, Texas, who was wanted for capital murder. 

Jonathan Alexander Gonzalez-Rosales, 25, is in the U.S. illegally and an active member of the 18th Street Gang, a transnational criminal organization. The Texas Office of the Attorney General assisted members of the ERO Dallas Fugitive Operations Team with the arrest.

According to court documents, Gonzalez-Rosales was wanted for the murder of Franklin Alexander Mercado, 17. Mercado’s body was discovered Jan. 22, 2020, in the 300 block of N. Prairie Creek Road in Dallas with multiple stab wounds. A Dallas County magistrate judge issued an arrest warrant for Gonzalez-Rosales April 1, 2020, for capital murder. Read more at: https://www.ice.gov/news/releases/ice-dallas-arrests-salvadoran-gang-member-wanted-capital-murder

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

FY 2021 H-1B Cap Petitions May Be Filed as of April 1

WASHINGTON—U.S. Citizenship and Immigration Services today announced that H-1B cap-subject petitions for fiscal year (FY) 2021, including those petitions eligible for the advanced degree exemption, may now be filed with USCIS if based on a valid selected registration.

A petitioner is only eligible to file an FY 2021 H-1B cap-subject petition if they electronically registered the beneficiary in the H-1B registration process and USCIS selected the registration submitted for the beneficiary through the random selection process.

The H-1B electronic registration process was well-received by users, who provided a high satisfaction score with the system. Nearly 275,000 unique registrations were submitted during the initial registration period. Roughly 46% of all registrations were for prospective beneficiaries with U.S. advanced degrees. There were more than 40,000 registration accounts created, and nearly 81% of submitted registrations were for potential beneficiaries from India (67.7%) and China (13.2%). Prior to the launch of the electronic registration system, USCIS conducted robust public outreach to ensure users were equipped to effectively use the new system. Read more at: https://www.uscis.gov/news/news-releases/fy-2021-h-1b-cap-petitions-may-be-filed-april-1

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Just letting everyone know we are still open for business. If you have any immigration issues you have been putting off, or know anyone who has, there is no better time than now to deal with them.  Feel free to reach out! www.greencardadvice.com

ICE Air flying home 466 US citizens from Central America during COVID-19 outbreak

WASHINGTON – On March 27, U.S. Immigration and Customs Enforcement (ICE), working with the U.S. Department of State, brought home a total of 257 United States citizens on the return leg of three separate removal flights via ICE Air Operations, bringing the total to 466 US citizens returning home since March 22. U.S. citizens occupied the Space Available (“Space A”) seats on flights to the United States from Honduras and El Salvador.

ICE removed Honduran nationals and Salvadoran nationals with final orders of removal from the United States to their home countries on March 27. On the return flights to the United States, ICE facilitated the transportation of U.S. citizens in accordance with the OMB Circular A-126 and the DHS MD 0020.1. In total, ICE brought home 130 US citizens from Honduras on two separate flights, and 127 US citizens from El Salvador. Read more at: https://www.ice.gov/news/releases/ice-air-flying-home-466-us-citizens-central-america-during-covid-19-outbreak

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

What is ICE doing in response to the COVID-19 virus?

Law enforcement agencies across the country, to include ICE, are paying close attention to this pandemic. While our law enforcement officers and agents continue daily enforcement operations to make criminal and civil arrests, prioritizing individuals who threaten our national security and public safety, we remain committed to the health and safety of our employees and the general public. It is important for the public to know that ICE does not conduct operations at medical facilities, except under extraordinary circumstances. ICE policy directs our officers to avoid making arrests at sensitive locations – to include schools, places of worship, and health care facilities, such as hospitals, doctors’ offices, accredited health clinics, and emergent or urgent care facilities – without prior approval for an exemption, or in exigent circumstances. See our FAQ for more.

Consistent with federal partners, ICE is taking important steps to further safeguard those in our care. As a precautionary measure, ICE has temporarily suspended social visitation in all detention facilities. Read more at: https://www.ice.gov/covid19

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Announces Flexibility in Submitting Required Signatures During COVID-19 National Emergency

U.S. Citizenship and Immigration Services today announced that, due to the ongoing COVID-19 National Emergency announced by President Trump on March 13, 2020, we will accept all benefit forms and documents with reproduced original signatures, including the Form I-129, Petition for Nonimmigrant Worker, for submissions dated March 21, 2020, and beyond. 
USCIS already accepts various petitions, applications and other documents bearing an electronically reproduced original signature. This means that a document may be scanned, faxed, photocopied, or similarly reproduced provided that the copy must be of an original document containing an original handwritten signature, unless otherwise specified. HYPERLINK "" \l "[1] For forms that require an original “wet” signature, per form instructions, USCIS will accept electronically reproduced original signatures for the duration of the National Emergency. This temporary change only applies to signatures. All other form instructions should be followed when completing a form.
Individuals or entities that submit documents bearing an electronically reproduced original signature must also retain copies of the original documents containing the “wet” signature.  USCIS may, at any time, request the original documents, which if not produced, could negatively impact the adjudication of the immigration benefit.

Contact Darren Heyman, immigration attorney, for more information.

ICE Homeland Security Investigations special agents make MS-13 arrests

SAN FRANSICO, Calif. – U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) special agents arrested six suspected MS-13 gang members at a number of locations in San Francisco, Daly City, Mountain View, Menlo Park, and South San Francisco on March 12.

During the arrests, HSI special agents recovered two handguns with ammunition. They also recovered a machete, which is known as a weapon of choice for MS-13 gang members.

The investigation led to 17 Bay Area residents being indicted by a federal grand jury for a broad range of racketeering crimes including RICO conspiracy, attempted murder, and assault. The superseding indictment handed down Feb. 18 and unsealed today catalogues a litany of crimes allegedly perpetrated in and around the Mission District of San Francisco, according to U.S. Attorney David L. Anderson. Read more at: https://www.ice.gov/news/releases/ice-homeland-security-investigations-special-agents-make-ms-13-arrests

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Temporarily Closing Offices to the Public March 18-April 1

Effective March 18, U.S. Citizenship and Immigration Services is suspending in-person services at its field offices, asylum offices and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). This suspension of services will be effective until at least April 1. In the meantime, USCIS will provide limited emergency services. Please call the Contact Center for assistance with emergency services.

USCIS field offices will send notices to applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure. USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When the interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview. When USCIS again resumes normal operations, USCIS will automatically reschedule ASC appointments due to the office closure. You will receive a new appointment letter in the mail. Individuals who had InfoPass or other appointments must reschedule through the USCIS Contact Center once field offices are open to the public again. Please check to see if your field office has been reopened before reaching out to the USCIS Contact Center.  Read more at: https://www.uscis.gov/news/alerts/uscis-temporarily-closing-offices-public-march-18-april-1

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Re-Registration Period Now Open for Aliens with TPS under Somalia’s Designation

U.S. Citizenship and Immigration Services today announced that current beneficiaries of Temporary Protected Status (TPS) under Somalia’s designation who want to maintain their status through Sept. 17, 2021, must re-register between March 11, 2020 and May 11, 2020.

Re-registration procedures, including how to renew employment authorization documents (EADs), have been published in the Federal Register and are available at uscis.gov/tps.

All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date. Like all USCIS forms, both forms are free for download from the USCIS website at uscis.gov/forms. Read more at: https://www.uscis.gov/news/alerts/re-registration-period-now-open-aliens-tps-under-somalias-designation

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE ERO Phoenix removes Salvadoran national wanted for murder

PHOENIX — On Wednesday, U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) removed Salvadoran national Jonathan Alexander Mejia-Santos, 31, to El Salvador. Mejia-Santos is wanted by law enforcement officials in his home country for allegedly participating in a murder related to gang activity. Once in El Salvador, ICE ERO transferred custody to the Policia Nacional Civil (PNC) of El Salvador.

On Dec.12, 2018, the U.S. Border Patrol arrested Mejia-Santos, after he illegally entered the U.S. near Lukeville, Arizona and placed him in removal proceedings.

On Aug. 27, a federal immigration judge with the Executive Office for Immigration Review ordered him removed from the U.S. to El Salvador. Mejia-Santos appealed this decision to the Board of Immigration Appeals (BIA); however the BIA dismissed his appeal and upheld the immigration judge’s decision Jan. 31. Read more at: https://www.ice.gov/news/releases/ice-ero-phoenix-removes-salvadoran-national-wanted-murder

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Publishes Federal Register Notices Announcing H-2A and H-2B Petitions Must Include Printed Copy of Electronic Final Determination Form

On March 5, 2020, USCIS published two Federal Register notices regarding the submission of final determination forms with H-2A and H-2B petitions. The notices, one for H-2A and one for H-2B, announce that petitioners must submit a printed copy of the electronic final determination form granting temporary labor certification (TLC) under the H-2A or H-2B programs through the U.S. Department of Labor’s (DOL) Foreign Labor Application Gateway (FLAG) system with the corresponding H-2A or H-2B petition as evidence of an original valid or original approved TLC. Read more at: https://www.uscis.gov/news/alerts/uscis-publishes-federal-register-notices-announcing-h-2a-and-h-2b-petitions-must-include-printed-copy-electronic-final-determination-form

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Launches New Online Form for Reporting Fraud

WASHINGTON—U.S. Citizenship and Immigration Services today launched a new online tip form to help the public provide the agency with information about immigration fraud. The new online form, available on the USCIS public website, prompts the form user for the information that the USCIS’ fraud investigators need to investigate allegations of immigration benefit fraud or abuse.

“Safeguarding the integrity of our immigration system is top priority for the Trump administration and is central to the agency’s mission,” said Joseph Edlow, the USCIS deputy director for policy. “One way we protect our immigration system is by making it easy for the public to report immigration fraud and abuse. This new online tip form makes fraud reporting more efficient and robust, provides our agency with the information needed to investigate and address abuse of the system, and will help assist our federal partners in prosecuting immigration fraud.” Read more at: https://www.uscis.gov/news/news-releases/uscis-launches-new-online-form-reporting-fraud

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE subpoenas information requested under California sanctuary policies

CE uses longstanding legal authority to demand information regarding criminal aliens

SAN DIEGO – U.S. Immigration and Customs Enforcement (ICE) served four immigration subpoenas Friday on the San Diego County Sheriff’s Office (SDSO) requesting information about multiple illegal aliens who were criminally arrested in San Diego, yet under California’s sanctuary state laws, the SDSO cannot honor immigration detainers or provide ICE non-public information about the criminal aliens to include notifying ICE if a criminal alien has been released back into the community.

Issuance of these immigration subpoenas is necessary because the SDSO is forced to comply with California’s sanctuary state laws, and therefore cannot cooperate in honoring immigration detainers or requests for non-public information to assist in locating criminal aliens that have been or will be released from custody. Read more at: https://www.ice.gov/news/releases/ice-subpoenas-information-requested-under-california-sanctuary-policies

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Supports Zero Tolerance for Female Genital Mutilation

Feb. 6 is designated as the International Day of Zero Tolerance for Female Genital Mutilation. In support of this important issue, U.S. Citizenship and Immigration Services (USCIS) joins other U.S. government agencies and the international community in calling for an end to the practice of female genital mutilation or cutting (FGM/C).   

FGM/C is the partial or total removal of the external female genitalia or other injury to the female genital organs for no medical reason. The practice has no medical benefit. It is a human rights violation and a crime under federal law. When committed against children, it is a form of child abuse. The U.S. government opposes FGM/C no matter the type, severity, or motivation for performing it. People who commit this crime can face prison time and significant immigration consequences. The Centers for Disease Control and Prevention estimates approximately 500,000 girls in the United States are at risk of having or have had FGM/C performed on them.  Read more at: https://www.uscis.gov/news/alerts/uscis-supports-zero-tolerance-female-genital-mutilation

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Texas company to pay $3 million after investigation reveals hiring illegal aliens

DALLAS – A North Texas construction company will pay the U.S. government $3 million for its role in a scheme to illegally employ illegal aliens.

This agreement was reached following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI).

Five individuals have already pleaded guilty in connection with the scheme.

In a non-prosecution agreement with the U.S. Attorney’s Office, Speed Fab Crete, a Texas-based builder, admitted it illegally employed individuals not authorized to work in the United States, and agreed to forfeit $3 million to the U.S. Treasury for use in promoting law enforcement activities related to immigration enforcement. Read more at: https://www.ice.gov/news/releases/texas-company-pay-3-million-after-investigation-reveals-hiring-illegal-aliens#wcm-survey-target-id

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

DHS Obtains Another Judicial Victory on Implementing Public Charge Inadmissibility Rule

WASHINGTON—The U.S. Department of Homeland Security obtained a pivotal judicial victory today after the U.S. Supreme Court stayed a nationwide injunction that prevented the agency from enforcing its regulatory interpretation of section 212(a)(4) of the Immigration and Nationality Act, a long-standing law that makes an alien inadmissible if the alien is likely at any time to become a public charge.

The high court granted DHS’s motion for a stay of the preliminary injunction issued by a single judge in the U.S. District Court for the Southern District of New York, and recently upheld by the U.S. Court of Appeals for the Second Circuit. Read more at: https://www.uscis.gov/news/news-releases/dhs-obtains-another-judicial-victory-implementing-public-charge-inadmissibility-rule

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

Here are five USCIS changes that will impact legal immigrants in the U.S. in 2020

The U.S. immigration system saw many changes ordered by the Trump administration during 2019, including some that will take effect in 2020.

The changes by the U.S. Citizenship and Immigration Services (USCIS) will have a significant impact on the lives of millions of immigrants living legally in the United States.

Designed to slow legal immigration and strengthen the Department of Homeland Security’s ability to enforce immigration laws, some of the changes create obstacles in the immigration process. Others streamline the path to obtain immigration benefits. Read more at: https://www.miamiherald.com/news/local/immigration/article239058173.html

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Announces Countries Eligible for H-2A and H-2B Visa Programs

U.S. Citizenship and Immigration Services (USCIS) and the Department of Homeland Security (DHS), in consultation with the Department of State (DOS), have announced the list of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in 2020. The notice listing the eligible countries will be published in the Federal Register on Jan. 17, 2020.

For 2020, the acting secretary of Homeland Security has determined, with the concurrence of the Office of the Secretary of State, that the countries designated as eligible in 2019 will remain unchanged. 

DHS maintains its authority to add countries to the eligible countries list at any time, and to remove any country whenever DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, denial rates, overstay rates, human trafficking concerns, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country. Read more at: https://www.uscis.gov/news/alerts/uscis-announces-countries-eligible-h-2a-and-h-2b-visa-programs-1

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Formally Announces Implementation of Electronic H-1B Registration Process and the Registration Timeframe

On Jan. 9, 2020, U.S. Citizenship and Immigration Services published a Federal Register notice formally announcing the implementation of the H-1B registration process for fiscal year 2021 H‑1B cap-subject petitions. This notice is required for the initial implementation of the registration process, as stated in the Jan. 31, 2019, H-1B registration final rule.

USCIS will open an initial registration period from March 1 through March 20, 2020, for the FY 2021 H-1B numerical allocations.  

• During this timeframe, H-1B cap-subject petitioners, including those eligible for the advanced degree exemption, seeking to file a FY 2021 H-1B cap petition will be required to first register electronically with USCIS and pay the associated $10 H-1B registration fee for each submission.
• Prospective petitioners or their authorized representatives must electronically submit a separate registration naming each alien for whom they seek to file an H-1B cap-subject petition. Duplicate registrations are prohibited. Read more at: https://www.uscis.gov/news/alerts/uscis-formally-announces-implementation-electronic-h-1b-registration-process-and-registration-timeframe

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

USCIS Begins Accepting Green Card Applications under Liberian Refugee Immigration Fairness

U.S. Citizenship and Immigration Services announced that it will begin accepting applications to adjust status to lawful permanent resident from certain Liberian nationals under Section 7611 of the National Defense Authorization Act (PDF) for Fiscal Year 2020, Liberian Refugee Immigration Fairness (LRIF), signed into law on Dec. 20, 2019.

To be eligible for permanent residence (a Green Card) under LRIF, a Liberian national must have been continuously physically present in the United States from Nov. 20, 2014, to the date they properly file an application for adjustment of status. USCIS will accept properly filed applications until Dec. 20, 2020, one year from the enactment of the LRIF. Read more at: https://www.uscis.gov/news/alerts/uscis-begins-accepting-green-card-applications-under-liberian-refugee-immigration-fairness

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

To Produce Citizenship Data, Homeland Security To Share Records With Census

The Department of Homeland Security has agreed to share certain government records from its databases to help the Census Bureau produce data about the U.S. citizenship status of every person living in the country.

DHS quietly announced the data-sharing agreement in a regulatory document posted on its website on Dec. 27. It marks the latest development in the Trump administration's ongoing effort to carry out the executive order President Trump issued in July after courts blocked the administration from adding a citizenship question to the 2020 census.

Two weeks after the U.S. Supreme Court ruled last year to keep the citizenship question off, President Trump said in the executive order that releasing citizenship data based on existing records would allow states to redraw voting districts using the number of eligible voters rather than all residents in an area — a method of redistricting that a prominent GOP strategist concluded would politically benefit Republicans and non-Hispanic white people. Read more at: https://www.npr.org/2020/01/04/793325772/to-produce-citizenship-data-homeland-security-to-share-records-with-census

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.

ICE lodges detainer against Mexican illegal alien arrested in South Carolina for sexual abuse of a child

CHARLESTON, S.C. – U.S. Immigration and Customs Enforcement (ICE) Enforcement and Removal Operations (ERO) lodged an immigration detainer Tuesday against an unlawfully present Mexican man arrested in North Charleston earlier this month for sexual abuse of a child.

Carlos Bartolo-Rios was arrested December 19 by the U.S. Marshals Southeast Regional Fugitive Task Force, of which ICE and the Charleston County Sheriff’s Office are members, after executing a state criminal warrant at Bartolo-Rios’s North Charleston residence for first degree criminal sexual conduct with a minor.

Mr. Bartolo-Rios is currently being held by the Charleston County Sheriff’s Office while awaiting trial for the state criminal charges he faces. ICE has lodged an immigration detainer against Mr. Bartolo-Rios and will seek to take him into immigration custody for removal proceedings at whatever point he may be released from criminal custody for the crimes he faces in South Carolina. Read more at: https://www.ice.gov/news/releases/ice-lodges-detainer-against-mexican-illegal-alien-arrested-south-carolina-sexual-abuse

Contact Darren Heyman, immigration attorney, for more information www.greencardadvice.com.