Updates on TPS and Deferred Enforced Departure

The following is an update and roundup of the current status of TPS for some 10 countries. As of August 2017, an estimated 325,000 TPS beneficiaries live in the United States. More than 90 percent of individuals with TPS are nationals of El Salvador… Read More
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Supreme Court allows travel ban to go into effect

The Supreme Court granted the application for a stay of the District Court’s preliminary injunction of October 17, 2017, pending disposition of the government’s appeal in the Court of Appeals for the Fourth Circuit and disposition of the… Read More
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USCIS No Longer Affording Deference to I-129-based Extensions

For over 10 years, USCIS has taken the approach that, when adjudicating extension petitions involving the same employer, the same beneficiary, and the same underlying facts, its adjudicators would defer to prior approval determinations. USCIS has now… Read More
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TPS ending for Nicaragua

The Department of Homeland Security has announced that Temporary Protected Status (TPS) for Nicaragua will be terminated on January 5, 2019. DHS has not made a determination on TPS for Honduras; therefore Hondurans’ TPS designation has been aut… Read More
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Another Travel Ban Halted by the Courts

The Trump Administration’s third attempt to ban from the United States foreign nationals from certain countries was halted on October 17, 2017 – a day before it was to take effect. Two federal judges prevented the ban from being implemented n… Read More
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More on DHS Expansion of In-Person Interview Requirement for Adjustment of Status Applicants

On October 1, USCIS began phasing in in-person interviews for all employment-based I-485 adjustment of status cases when the underlying petition is a Form I-140 (EB-1, EB-2, and EB-3) and when the case was filed after March 6, 2017. During several pu… Read More
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Military Access to Expedited Naturalization Reversed

The Department of Defense reversed a Bush-era policy that offered expedited naturalization to lawful permanent residents (LPRs) enlisted in the military. Under the new policy, enlistees must undergo a new security clearance process that will take a y… Read More
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Update on DACA

Under pressure from various states, President Trump opted to terminate the DACA program, leaving thousands of DACA recipients in a considerable bind. Although the President had previously promised that DACA recipients would not have to worry about th… Read More
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Preconceived Intent and Activities After Entry: The New 90-Day Rule

In September, the Department of State (DOS) updated its Foreign Affairs Manual — a guidebook used by consular officials for determining visa eligibility — as to what constitutes misrepresentation when applying for a visa abroad. As part of the Ad… Read More
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New Travel Ban Announced by White House

On September 24, 2017, the President issued a new version of the prior travel bans, which includes an expanded list of countries whose nationals are affected, and the impact on those nationals varies. The U.S. Department of State has published detail… Read More
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