D&S Immigration Law Blog

DACA Reinstated with DHS Modifications

On July 17, the U.S. District Court for the District of Maryland restored the Deferred Action for Childhood Arrivals (DACA) program on remand from the Supreme Court. [callout] DACA was rescinded on September 5, 2017 by the Department of Homeland Security. On May 15, the Court of Appeals for the Fourth Circuit reversed the rescission. On June 18, the Supreme Court also held that the rescission or diminishment of DACA is “arbitrary and capricious” and a possible violation of the Administrative Procedures Act (APA). On July 17, the U.S. District Court for the District of Maryland affirmed these rulings, stating, “The DACA rescission and...

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“Public Charge Rule” Enjoined Nationwide During COVID-19 National Emergency

On July 29, the U.S. District Court for the Southern District of New York (SDNY) enjoined the Department of Homeland Security and the Department of State from enforcing, applying, implementing, or treating as effective the Public Charge Rule. [callout] USCIS has issued a statement informing that “Applicants and petitioners whose applications or petitions are postmarked on or after July 29, 2020, should not include the Form I-944 or provide information about the receipt of public benefits on Form I-485, Form I-129, or Form I-539/I-539A.” “As long as the July 29, 2020, SDNY decision is in effect, USCIS will apply the 1999 public charge...

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Trump Administration Expands Ban on Entry of Some Immigrants to the U.S.

On June 22, 2020, President Trump issued a proclamation continuing April’s order and limiting the entry, with some exceptions, of individuals seeking entry on certain employment-based visas. The order, which will last until at least the end of the year, will suspend H-1B visas for those in specialized field such as IT and engineering, H-2B visas for non-agricultural seasonal workers, cultural exchange J visas, and L visas for companies relocating employees to the U.S., including individuals accompanying or following to join individuals on these visas. The proclamation suspends the entry of any individual seeking to enter the U.S. as an immigrant who: ...

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Supreme Court Rules to Preserve DACA Program

The U.S. Supreme Court ruled June 18, 2020 to keep the Deferred Action for Childhood Arrivals (DACA) program intact for the time being, protecting the thousands of young immigrants who have been allowed to live and work in the United States since the program was implemented by President Barack Obama in 2012 - read the Supreme Court’s Decision. [callout] The Supreme Court ruled (5-4) that President Trump’s decision to rescind DACA was arbitrary and capricious under the Administrative Procedure Act, based on two grounds: 1) the Department of Homeland Security (DHS) failed to distinguish between the protections from deportation and the benefits...

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USCIS and Immigration Court Closures Due to COVID-19

The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Justice’s Executive Office for Immigration Review have announced closures and restricted services effective March 18, 2020 to help slow the spread of Coronavirus Disease (COVID-19) pandemic. USCIS: routine in-person services are suspended until at least June 3, 2020. This includes, but is not limited to, interviews and appointments related to processes such as family-based petitions (I-130), adjustment of status applications (I-485), naturalization (N-400), and asylum (I-589). USCIS plans to begin reopening offices on June 4, unless the public closures are extended further. “USCIS domestic field offices will send notices to...

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Visa Bulletin for June 2019

The June 2019 Visa Bulletin was released by the U.S. Department of State (DOS) on May 14, 2019. In addition to the final action dates and dates for filing applications, the bulletin also includes notes about India EB-1 preference visa availability, EB-5 preference visa availability, and more. There is notable movement in the “dates of filing” for the family-based, second preference category for spouses and children of permanent residents (F2A). USCIS also released the June 2019 Adjustment of Status Filing Charts, which indicates whether to use the Dates for Filing chart or Final Action Dates chart to determine when you may...

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