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, petitioners, and requestors 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;
• Notices of Intent to Terminate regional centers; and
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant. Read more at: https://www.uscis.gov/news/alerts/uscis-extends-flexibility-for-responding-to-agency-requests-3

Contact Darren Heyman, immigration attorney, for more information.

Biden's Day One Agenda Tackled Travel Ban, Border Wall

Law360 (January 20, 2021, 10:59 AM EST) -- President Joe Biden signed a number of executive orders and directives within hours of taking office on Wednesday, including lifting travel restrictions against individuals from predominantly Muslim countries and halting construction of the U.S-Mexico border wall.

The policies, which were detailed alongside other "Day One" policies tackling racial justice, environmental and public health issues, roll back the "gravest damages" of the outgoing Trump administration and provide immediate relief for families struggling amid several "converging crises," Biden's office said in a statement released in the final hours of U.S. President Donald Trump's presidency. Read more at: https://www.law360.com/immigration/articles/1346721/biden-s-day-one-agenda-tackled-travel-ban-border-wall-?nl_pk=5d8c3cb1-5c36-44ac-bb7a-37a30aee6c03&utm_source=newsletter&utm_medium=email&utm_campaign=immigration

Contact Darren Heyman, immigration attorney, for more information.

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

 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 2021. The notice listing the eligible countries will be published in the Federal Register on Jan. 13, 2021. Read more at: https://www.uscis.gov/news/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs

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

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.