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USCIS Returns Unselected FY2020 H‑1B Cap-Subject Petitions

USCIS announced that it has returned all FY2020 H‑1B cap-subject petitions that were not selected in the lottery. Petitioners who haven’t received a receipt notice or a returned petition for a cap-subject H‑1B petition by August 29, 2019, should contact USCIS for assistance.

DOJ Seeks Termination of Immigration Judges Union, Further Undermining Court Independence

Last Friday, DOJ petitioned the Federal Labor Relations Authority (FLRA) in an effort to strip immigration judges of their right to be represented by a union. AILA Executive Director Benjamin Johnson called the petition “an effort to suppress the voices of immigration judges, who have denounced DOJ efforts to strip their authority.” House Judiciary Committee Chair Jerrold Nadler (D-NY) and Subcommittee on Immigration and Citizenship Chair Zoe Lofgren (D-CA) criticized the administration’s move to decertify the National Association of Immigration Judges, announcing plans to hold hearings to “develop a foundation for legislation to create an independent immigration court.”

Court Revives Lawsuit of Students Caught in Fake University Visa Sting After Finding Order Terminating Their F‑1 Status Was Final Agency Action

The Third Circuit vacated the district court’s dismissal for lack of subject matter jurisdiction of the claims of the appellants—students who had enrolled in a sham university created by DHS—holding that the order terminating their F‑1 visa status marked the consummation of ICE’s decision-making process, and therefore constituted a final order for the purposes of Administrative Procedure Act (APA) jurisdiction.
3rd circuit, third circuit, apa, administrative procedures act, f-1,f1, fake student visa
They’re U.S. Citizens and Shouldn’t Fear Deportation. But They’re Carrying Their Passports Anyway
CNN reports on the growing trend of U.S. citizens carrying their passports out of fear they will be detained by ICE. A Texas-born teenager recently spent weeks in ICE detention after he was stopped at a CBP check point.

Asylum 2.0 in effect outside of 9th Circuit

9th Circuit rules Asylum 2.0 cannot go in effect. At the present time. It would harm those actually applying for asylum.

Another win for the Law Offices of Brian D. Lerner

Family I-130’s approved with different issues. Now family can proceed with consulate processing for the Green Card.

Another win for the Law Offices of Brian D. Lerner

Adjustment of Status granted for Mexican national who entered the United States with a visa and was subsequently petitioned by her U.S. citizen son. Various inadmissibility issues overcome.

Another win for the Law Offices of Brian D. Lerner

Client was placed in removal proceedings as a result of various convictions and those proceedings were eventually administratively closed (when she married a U.S. citizen and her I-130 was approved) so that she could apply for a provisional unlawful presence waiver (I-601A).  When Client’s I-601A was approved, her case was recalendared and she was granted voluntary departure, and after post-conviction relief for a theft conviction and various follow ups with the consulate, her visa was granted and she is now safely back in the United States with her husband and children.

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