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.