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Judge Bars CBP Agents from Conducting Credible Fear Interviews

Granting the plaintiffs’ motion for a preliminary injunction, the U.S. District Court for the District of Columbia barred CBP agents, who receive substantially less training than USCIS asylum officers, from conducting credible fear interviews for asylum seekers.

DOS Authorizes Consular Posts to Give K Visa Cases High Priority

Yesterday, after releasing one notice on K visas that it promptly retracted, DOS released an updated notice announcing that, as consular operations resume, posts are authorized to give K visa cases high priority. Consular officers may revalidate the I-129 petition in four-month increments. For most cases impacted by suspension of visa services, it will not be necessary to file a new I-129 petition.

District Court Issues Consent Order and Final Statement in Class Action Challenging Delay in Issuance of EADs

In case you missed it, the law firm Porter Wright Morris & Arthur LLP recently filed a lawsuit on behalf of its client and a class of 75,000 workers approved to work in the United States but awaiting production of their employment authorization document (EAD). The settlement includes benchmarks for the production of the EADs and provides a mechanism to allow workers to work legally until the EAD cards can be produced by allowing employees to use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019, through and including August 20, 2020, informing an applicant of approval of a Form I-765 as a Form I-9 List C #7 document. The backlog in the issuance of EADs is expected to be eliminated by the end of September. 

DOS Says DV-2020 Applicants May Be Processed in Embassies and Consulates

Brian D. Lerner (blerner@californiaimmigration.us, attorney@eimmigration.org, abogado@californiaimmigration.us, brianlerner@californiaimmigration.us)

DOS announced that, following the district court ruling in Gomez, et al. v. Trump, et al., DV-2020 applicants may be processed in embassies and consulates where local health conditions and post resources allow. If a post is unable to process cases due to local conditions and resource constraints, an applicant may request a transfer to another post. The announcement includes a prioritization plan for DV-2020 applicants.

Matter of Z-R-Z-C- Holds That TPS Recipients Returning from Authorized Travel Abroad Are Not “Inspected and Admitted or Paroled” for Purposes of §245(a)

In another blow to individuals with TPS status, USCIS recently designated the AAO decision, Matter of Z-R-Z-C-, as an adopted decision

Ninth Circuit to Allow Termination of TPS for Sudan, Nicaragua, Haiti, and El Salvador

The Ninth Circuit issued a split panel decision vacating a district court’s preliminary injunction barring implementation of decisions to terminate the Temporary Protected Status (TPS) designation of Sudan, Nicaragua, Haiti, and El Salvador and remanded. 

USCIS Extends Flexibility for Responding to Certain Agency Requests

Friday evening, USCIS announced it would extend flexibility for responding to certain agency requests. For the specified types of requests, if the issuance date on the notice or decision is between March 1, 2020, and January 1, 2021, inclusive, USCIS will consider a response received within 60 calendar days after the response due date set in the request or notice before taking any action

President Trump announced he will nominate acting DHS Secretary Wolf to the permanent position.

On Tuesday, President Trump said he would be nominating current acting DHS Secretary Chad Wolf to the position permanently. This announcement comes after the Government Accountability Office found that Wolf’s appointment to the position of acting secretary failed to follow federal law.

USCIS has implemented new DHS guidance on DACA.

On August 24, USCIS published an update clarifying DHS’ guidance on DACA. USCIS will reject all new DACA applications and limit renewals to one year. Existing two-year renewals will not be affected. Additionally, USCIS will reject DACA renewal applications received more than 150 days before the current DACA period expires; the agency clarified that applicants should file for a renewal between 120 and 150 days before their status expires. USCIS also included information on how it has limited advanced parole for DACA recipients to leave the country for urgent humanitarian reasons or a significant public benefit only.

USCIS has updated Form I-589.

On August 25, USCIS posted an updated version of Form I-589, Application for Asylum and for Withholding of Removal. The edition date is 8/25/20, and the new version must be used starting October 26, 2020

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