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D&S Immigration Law Blog

31 May
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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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23 January
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Damaging Bill Is a Bait-and-Switch on Immigration

Reposted from AILA Infonet (Doc. No. 19012237) WASHINGTON, DC - A bill slated for introduction in the Senate contains money to build President Trump's permanent border wall, but according to experts at the American Immigration Lawyers Association (AILA), it also includes many extreme provisions that go far beyond what the president laid out in his speech on Saturday. AILA President Anastasia Tonello noted, "Given the importance of border security and the unnecessary strain the shutdown is putting on the United States, we were hopeful an actual good faith proposal to reach a compromise on immigration and border security would be put forward....

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14 November
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9th Circuit Upholds Lower Courts’ Injunction Against DACA Rollback

On November 8, 2018, the Ninth Circuit ruled on one of the country’s most contentious  issues, Deferred Action for Childhood Arrivals (DACA). In its decision in The Regents of the University of California, et. al. v. United States Department of Homeland Security, et.al.,  the court upheld a lower court’s preliminary injunction against a rollback of DACA. Judge Wardlaw, who wrote the opinion of the court, stated that the plaintiffs in the case were likely to succeed on their claim that the rescission of DACA was “arbitrary and capricious” and based on a "misconceived view of the law." Calling the power of the...

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01 May
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DHS to Terminate TPS for Nepal on June 24, 2019

DHS announced that it will terminate the Temporary Protected Status (TPS) designation for Nepal on June 24, 2019. DHS determined that the country conditions in Nepal have improved since the 2015 earthquake and subsequent aftershocks. Watch for further details regarding re-registration procedures to be posted in the Federal Register. For more information, read this Immigration Impact blog post from the American Immigration Council. Source: AILA Infonet ↓ Download the press release (pdf)...

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01 May
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NAACP v. Trump: What You Need to Know About DACA

In the case NAACP v. Trump, on April 24, 2018, Judge Bates of the D.C. District Court ruled that the Trump administration unlawfully ended the Deferred Action for Childhood Arrivals (DACA) plan. While the decision means that DACA may be reinstated and will be available to new applicants, Judges Bates stayed his order for ninety days, during which the Department of Homeland Security can regroup and issue a new rescission of DACA with new evidence and reasoning. Right now, U.S. Citizenship and Immigration Services (USCIS) is still accepting DACA renewal applications for individuals with current or expired DACA benefits, but...

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27 February
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USCIS Continues To Accept DACA Renewal Applications, Federal Petition Rejected By Supreme Court

[callout] On Monday, February 26, 2018, the Supreme Court rejected the federal government’s proposal to bypass the U.S. Court of Appeals for the Ninth Circuit to hear a challenge of the legality of the Deferred Action for Childhood Arrivals (DACA) program. The Supreme Court rejected the government’s petition, allowing the case to move through its normal appeals process, which may take several additional months. While the litigation is pending, USCIS will continue accepting and processing DACA renewal applications. As stated on their website, USCIS will adjudicate cases based on the terms in place before DACA was rescinded on September 5, 2017. It...

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