September 2022 » Page 2 of 3

Green Gard

How to Read the Visa Bulletin for Family-Based Visa Cases

Understanding how to read the Visa Bulletin is critical to successfully completing the required documentation at the right time. With a focus on the family-based visa, we review the structure, key definitions, and provide examples, too. Of course, if you have questions, contact us anytime

September 15, 2022

Asylum Seeker

Asylum Case Appeal Denied Based on Government Protection Proof

An asylum bid has been denied in the appellate court, with the Sixth Circuit stating the U.S. Board of Immigration Appeals (BIA) correctly found the applicants did not provide sufficient proof they would not be protected by their home country’s government. The question of the home country’s ability to limit dangerous gang activity is at the heart of the issue. The appellate court found that the BIA ruling, as long as it has a good basis of evidence, is to be upheld.

September 14, 2022

Asylum Seeker

Asylum-Seekers Claim Delay of Employment Authorization Processing

A group of asylum-seekers is pursuing a summary judgment against the U.S. Department of Homeland Security due to ongoing delays in processing employment authorization. A preliminary injunction issued in 2020 requires DHS to process work authorization requests for asylum-seekers within a 30-day timeline. However, the group claims the requests are not being processed accordingly, causing harm.

September 13, 2022

EB-1

The October 2022 Visa Bulletin Shows Retrogression for EB-2 India

The Department of State released the much-awaited October 2022 visa bulletin, the first visa bulletin for the fiscal year 2023. The visa bulletin summarizes the availability of immigrant visas both for consular processing and adjustment of status applications to be filled in October 2022. The State Department releases both the Final Action Dates and Date of Filing Application for Employment-Based and Family-Based immigrant visas. The U.S. Citizenship and Immigration Services (USCIS) confirmed which chart Applicants must use to file their Adjustment of Status Application (AOS). Below is the breakdown of the movements in the October 2022 visa bulletin. Some retrogression is noted.

September 9, 2022

Immigration Reform

DHS Publishes Fair and Humane Public Charge Rule

The Department of Homeland Security announced the publication of the final rule, providing a fair and humane public charge rule. The rule is scheduled to be published in the Federal Register on September 9, 2022, with an effective date of December 23, 2022.

September 8, 2022

Religious Workers

USCIS Updates Guidance Related to Religious Workers

The U.S. Citizenship and Immigration Services (USCIS) announced updated guidance for religious workers. The efforts expand and reorganize existing guidance. Per the Immigration and Nationality Act (INA), qualified individuals who are affiliated with a verified religious organization or affiliate are given the option to apply for a special immigrant visa, the R-1 nonimmigrant visa classification. This visa allows the recipient to temporarily enter the United States as a minister for a specific religious organization.

September 7, 2022

immigration lawsuits

Lying, Filing False Immigration Documents Results in Prison Sentence

Two individuals falsely claiming to be immigration attorneys and filing false documents for recruited individuals have been assigned a five-year prison sentence. The individuals operated two companies called JLLAS Corp. and EIMAAN LLC offering immigration services. Many of the clients of these companies did not have a legal status to be in the United States and had a limited understanding of the English language. The companies were paid by these individuals, totaling over $325,000. Over 40 individuals who were working to gain work authorization, green cards, and other paths to obtain citizenship were affected.

September 7, 2022

DACA

DACA Rule Shouldn’t Delay Circuit Court Review

The recent update to the Deferred Action for Childhood Arrivals (DACA) program instituted by the Biden Administration should not slow the review of a previous order, currently under appeal. That previous order stopped the enrollment of new applicants to the DACA program. That decision is being appealed and is currently under the Fifth Circuit court. However, the circuit court is considering sending the case back to the lower court. The Biden administration is urging the Fifth Circuit court to review the appeal and deliver a decision.

September 6, 2022

Asylum Seeker

New Asylum Evidence Must Be Considered By BIA

New asylum evidence must be considered by the Board of Immigration Appeals (BIA) when reconsidering asylum for an individual.

September 6, 2022

Asylum Seeker

The Critical Importance of Maintaining a Current Address With DHS

Keeping your address updated is critical to remain in good standing for your immigration case.

September 6, 2022