Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
21 Republicans in the House of Representatives sent a letter this week to DHS and the Secretary of State. In that letter, they argued that Optional Practical Training (OPT) should stay “fully intact” so that the U.S. continues to be “an attractive destination for international students.” Optional Practical Training, which has been a particular target of the Trump administration, allows graduate students to work and get practical training in the U.S. after graduation.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
In a 7-2 decision on June 1, the Supreme Court ruled against the Trump administration, holding that immigrants slated for deportation have a right to judicial review if their request for relief under the Convention Against Torture (CAT) is denied. The CAT protects foreigners from being deported if they are at risk of being tortured in their home country. In Justice Kavanaugh’s majority opinion, he wrote that Congress could preclude judicial review of CAT orders, but since Congress has not done so, the Supreme Court would not “rewrite the laws.” Justices Thomas and Alito dissented.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
On May 29, USCIS announced that it had resumed premium processing for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Workers.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Starting June 4, USCIS began reopening some offices to the public. USCIS has taken some precautions against the spread of COVID-19, including providing hand sanitizer, requiring a face covering, and providing floor markings to ensure social distancing is practiced. Application Support Centers are still closed until further notice.
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Posted on June 9, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
NBC reports on a video showing a group of federal immigration officials detaining a protester at a George Floyd rally in New York City on Friday. One of the officials is seen wearing a vest labeled “HSI Police,” a division of ICE. According to the Immigrant Defense Project, the man who was arrested is of Puerto Rican descent, which Terry Lawson, a supervising policy attorney for the project, said “raises questions about racial profiling.”
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Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The BIA ruled that the absence of a checked alien classification box on a Notice to Appear (NTA) does not, by itself, render an NTA fatally deficient; preclude an immigration judge from exercising jurisdiction over removal proceedings; or terminate proceedings under the Migrant Protection Protocols.
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Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
DHS announced that it has extended the flexibilities in rules related to Form I-9 compliance during the COVID-19 pandemic by an additional 30 days. These flexibilities include prosecutorial discretion to defer the physical presence requirements associated with the Employment Eligibility Verification (Form I-9) under section 274A of the INA and an additional 30-day extension for NOIs served in March 2020. DHS also provided information regarding acceptable documents for Form I-9 verification of lawful permanent residents.
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Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Within weeks of filing, USCIS reversed the prior petition denials in both plaintiffs’ cases. This was for market research analysis
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Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
After rejecting some Forms I-140 that included e-certified ETA-9089s or blue ETA-9089s with electronically reproduced signatures, USCIS announced that it will ask petitioners to resubmit their Form I-140 with either wet signatures or scanned copies of signatures and a copy of the rejection notice.
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Posted on May 21, 2020 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
The Houston Chronicle features an op-ed by Roger Ernesto La O Muñoz, a Cuban asylum seeker who is currently detained in the Joe Corley Detention Facility in Conroe, Texas. As a college graduate with a degree in hygiene and epidemiology, he writes on behalf of 55 fellow detainees to send a message to the president, immigration judges, human rights organizations, and the American public that he and the other detainees find themselves “in a concentration camp with death orders from COVID-19.”
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