D&S Immigration Law Blog

DACA Applications Rejected Due to USPS Delays Can be Resubmitted

Source: USCIS Source: AILA Infonet On November 15, 2017, USCIS announced that it will accept re-submissions of previously rejected DACA renewal requests that arrived to USCIS after the October 5, 2017 deadline due to U.S. Postal Service error. Applicants must provide proof that the delay was due to the United States Postal Service (USPS) error, and that the application was filed timely. Applicants seeking proof of timely filing may request that USPS review their case and issue a letter in support of their application's re-submission. Further, USCIS will be contacting DACA applicants directly if their timely-filed application was rejected from the appropriate...

Continue reading

Trump Ends Refugee Ban; Nationals of 11 Countries Subject to Ongoing Restrictions

a

On October 25, 2017, refugee admissions into the United States resumed after a 4-month-long ban. The resumption is predicated on the implementation of enhanced screening procedures, including the collection of phone, email, and address data going back 10 years for all locations that the applicants have lived for more than 30 days. Additional vetting measures for refugee interviews will include: improved training, fraud-detection procedures, and interagency information sharing, as well as the ability to check refugee biographic and biometric information against information contained in Federal watchlists and databases. In 90 days from the date of the order, the Secretary of Homeland Security, in...

Continue reading

Travel Ban Injunction

On October 17, 2017, a U.S. District Court judge in Hawaii issued a nationwide temporary restraining order against the travel restrictions set forth by President Trump on September 24, 2017. This effectively prevents the implementation and enforcement of the travel ban to individuals from six of the eight designated countries: Iran, Libya, Syria, Yemen, Somalia, and Chad. This does not apply to individuals from North Korea or Venezuela. That same day, a U.S. District Court judge in Maryland issued a nationwide preliminary injunction prohibiting the enforcement of the travel ban, except for (1) individuals from North Korea and Venezuela, and (2)...

Continue reading

Changes to FAM Provisions on “Misrepresentation”

On September 1, 2017, the Department of State updated the Foreign Affairs Manual (FAM), redefining what is meant by “misrepresentation” as it concerns inadmissibility to the United States. This involved replacing the old “30/60 Day” rule with a new “Inconsistent Conduct Within 90 Days” rule. The old rule stated that misrepresentation occurring within the first 30 days of entry necessitated an Advisory Opinion; between 30 and 60 days of entry could be argued with applicable evidence; and after 60 days could not constitute grounds for inadmissibility. Similar to the old rule, the new “90 Day” rule concerns foreign nationals who engage...

Continue reading

Updated Travel Restrictions to Take Effect on October 18, 2017

a

Effective October 18, 2017, the following countries are subject to restricted travel to the United States based on the recent presidential proclamation: Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, and Somalia. Restrictions on travel vary from country to country, and specific information about the restrictions placed on each individual country can be found here: https://www.whitehouse.gov/the-press-office/2017/09/24/enhancing-vetting-capabilities-and-processes-detecting-attempted-entry. Entry into the United States by nationals of North Korean and Syrian nationality are suspended for both immigrants and nonimmigrants. Citizens of Chad, Libya, and Yemen will not be allowed to enter the United States for immigrant purposes or on B2 (B-1), tourist (B-2), and business/tourist...

Continue reading

DACA Officially Rescinded As Of September 5, 2017

The Deferred Action for Childhood Arrivals (DACA) program was rescinded earlier today, September 5, 2017. As of today, USCIS will no longer accept initial DACA applications. USCIS will be accepting DACA renewal applications, and associated applications for Employment Authorization Documents (EAD), for those whose current DACA status will expire on or before March 5, 2018. If your DACA expires on or before March 5, 2018, your DACA renewal application must be properly filed and received by USCIS no later than October 5, 2017.[callout] If your DACA expires after March 5, 2018 your DACA and related employment authorization will remain valid until the...

Continue reading

Republicans Challenge DACA, ‘Dreamers’ Face Uncertainty

Deferred Action for Childhood Arrivals (DACA), an Obama-era executive order that protects “Dreamers” who were brought to the United States as undocumented children, is under threat. On June 29, attorneys general from ten Republican-majority states signed a letter addressed to United States Attorney General Jeff Sessions threatening to contest the constitutionality of the law in court if the President fails to end the program by September 5, 2017. In 2014, the Obama Administration hoped to expand the existing DACA program (which grants deferred action and employment authorization for renewable periods of two years), but plans were quashed when proposed expansions where...

Continue reading

UPDATED 07/19/2017: Department Of State Clarifies Enforcement of Travel Ban

July 19, 2017 UPDATE: The definition of "close family" in Executive Order 13780 has been expanded. The District Court in Hawaii ruled that in addition to what was previously defined as "close family" now also includes "grandparents, grandchildren, brothers-in-law, sisters-in-law, aunt and uncles, nephews and nieces, and cousins." The previous U.S. government guidance defined "close family" as "parent (including parent-in-law), spouse, fiancé, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half, and including step relationships." Source: American Immigration Lawyers Association June 30, 2017 UPDATE  The Department of State issued a cable at approximately 8:00pm EST on June 28, 2017 issuing guidance about the enforcement of...

Continue reading

Travel Ban Partially In Effect As Of June 29, 2017

  June 28, 2017 After several months of legal uncertainty, the Supreme Court has agreed to evaluate the constitutionality of President Trump’s travel and refugee ban. During the first session of the October 2017 term, the Supreme Court will hear a combination of two important cases, Trump v. IRAP and Trump v. Hawaii, which have been key in the refugee and travel ban litigation. In the meantime, the Supreme Court has partially removed restrictions which previously impeded the enforcement of the travel and refugee ban. The travel ban will take effect on June 29, 2017 for a 90-day period, affecting some foreign...

Continue reading