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USCIS Revises Interview Waiver Guidance for Form I-751

USCIS issued a policy memo providing guidance to its officers on when to consider waiving the interview requirement for Form I-751, Petition to Remove Conditions on Residence. The memo goes into effect today and applies to all Form I-751 petitions received on or after December 10, 2018.

USCIS Reaches H‑2B Cap for First Half of FY2019

USCIS announced that it reached the H‑2B cap for the first half of FY2019. December 6, 2018, was the final receipt date for new cap-subject H‑2B petitions requesting an employment start date before April 1, 2019.

Judge Finds Attorney General’s Gutting of Asylum Protections Unlawful

In a statement to the press about today’s ruling striking down key portions of then-Attorney General Jeff Sessions’ decision in Matter of A‑B‑ 

Thus, the Courts show that you cannot just arbitrarily and without any reason of law strike down protections against asylum.

ACLU Files Lawsuit Regarding Expedited Removal and Matter of A-B- Asylum Policies

The district court issued an opinion finding that several of the credible fear policies articulated in Matter of A-B- and a subsequent Policy Memo, including the general rule against domestic violence and gang-related claims, are arbitrary and capricious and contrary to law. The court enjoined the government from continuing to apply the unlawful policies and from removing plaintiffs who are currently in the United States without first providing credible fear determinations consistent with the immigration laws. The court also ordered the government to return to the United States the plaintiffs who were unlawfully deported and to provide them with new credible fear determinations. (Grace v. Whitaker, 12/19/18)

Another one of Trumps polices struck down in Court

Court Issues Preliminary Injunction Against Interim Final Rule on Asylum Claims Along the Southern Border

The district court, which had previously entered a temporary restraining order against the implementation of the November 9, 2018, interim final rule on asylum claims along the southern border, issued a preliminary injunction prohibiting the government from taking any action continuing to implement the rule.

Trump Administration Sows Chaos, Risks Lives with “Remain in Mexico” Policy

DHS announced a new policy that would force most asylum seekers who have passed a preliminary screening to remain in Mexico pending a full hearing before an immigration judge.

CE Wrongly Flagged an American Citizen to Be Deported, so a Florida Sheriff’s Department Detained Him for Weeks. Now He’s Suing.

Insider reports on Peter Brown, a U.S. citizen born in Philadelphia, who was held by Florida’s Monroe County Sheriff’s Office on an ICE detainer and told he would soon be transferred to a prison in Jamaica, a country he had only visited once on a cruise

ICE Releases Information on Detainees Who Have Died in Custody

In compliance with congressional requirements described in the FY2018 DHS Appropriations Bill, ICE has provided reports regarding in-custody detainee deaths beginning in FY2018. According to a report by Human Rights Watch, the ACLU, the National Immigrant Justice Center, and Detention Watch Network, “More people died in immigration detention in fiscal year 2017 than any year since 2009” and immigration detainee deaths are “linked to dangerously inadequate medical care.”

The Council Files Lawsuit Challenging USCIS Denial of Computer Systems Analyst H‑1B Extension

The American Immigration Council filed a lawsuit on behalf of a U.S. company, challenging USCIS’s denial of an H‑1B extension petition for a Computer Systems Analyst on the grounds that it is “not a specialty occupation.” The case is co-counseled with Frederikson & Byron, P.A., as part of the Council’s efforts to encourage federal court challenges to arbitrary decisions. 

Another Win for our Law Office: Motion to vacate past crime vacated

Motion To Vacate to a LPR convicted of Felony –
Motion to Vacate granted for lawful permanent resident who was convicted of an aggravated felony (drug trafficking) in 1982.  Client’s plea was withdrawn and his case dismissed by the DA and he can now travel safely in and out of the United States and also apply for naturalization/citizenship.