Immigration Lawyers and Advocates Sue Immigration Court in El Paso

AILA and the American Immigration Council recently filed a lawsuit against the U.S. immigration court in El Paso, claiming that the court at the El Paso Service Processing Center (SPC) has arbitrary and unjust rules that decrease asylum-seekers’ ch… Read More
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DOS Offers Guidance to Derivative Beneficiaries Completing Form DS-160

How a derivative beneficiary (of an immigrant petition) should answer the question on a DS-160 nonimmigrant visa application, “Has an immigrant petition ever been filed on your behalf” is not clear and often perplexing. On its face, it appears th… Read More
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Lawsuits Challenge Trump’s National Emergency Declaration:

The American Civil Liberties Union, environmental groups, Texas landowners, and 16 states have filed lawsuits challenging President Donald Trump’s declaration of a national emergency on the U.S.-Mexico border as an unconstitutional overreach of exe… Read More
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Cap-Subject H-1Bs Filed April 2018 Remain Pending; Premium Processing Now Available for H-1B Petitions Filed on or Before 12/21/2018:

Inexplicably, numerous FY 2019 H-1B cap-subject petitions (filed in April 2018 for visas that became available on October 1, 2018) remain pending with the California Service Center. USCIS has indicated that it is unable to provide a timeframe for the… Read More
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New I-539 Form Must Be Used Starting on 3/11/2019

USCIS announced that it has revised Form I-539, Application to Extend/Change Nonimmigrant Status, and that starting March 11, 2019, it will only accept the new version of the form. A new Form I-539A, also effective March 11, replaces the amendment pa… Read More
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Immigration Court Backlog Grows by 26 Percent

According to a recent article in the Los Angeles Times, the administration’s plan to shrink the ballooning backlog of immigration cases by mandating that immigration judges hear more cases has failed, according to the latest data, with the average… Read More
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Department of State’s “Invisible Wall”

Recent data released by the Department of State reveal that it too is laying brick after brick of an invisible wall that is curbing legal immigration to the United States. Visa inadmissibility statistics in FY 2018 reveal an uptick in just one year o… Read More
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U.S. Embassy in Caracas Suspends All Visa Services

On January 25, 2019, the Department of State announced that the U.S. Embassy in Caracas, Venezuela, suspended routine visa services due to the ordered departure of non-emergency personnel. The consular section advised that it is focused on providing… Read More
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The “Invisible Wall”: USCIS Processing Times Now at “Crisis Level” and Policy Changes Transform Agency from Service-Oriented to Enforcement-Driven

The American Immigration Lawyers Association (AILA) recently analyzed published USCIS data for fiscal years 2014 through 2018 and found a crisis-level of delays in the agency’s processing of applications and petitions for immigration benefits under… Read More
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Update on USCIS Practice of Denying Pending Advance Parole Travel Permit for Abandonment Due to International Travel

Most foreign nationals who apply for advance parole (travel permit) (Form I-131) in conjunction with an adjustment of status application must wait for the travel document to be issued before traveling abroad; otherwise, their adjustment case will be… Read More
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