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USCIS Announces Workload Transfer for Certain I-539s from VSC to TSC

USCIS announced that on September 17, 2018, it transferred certain Forms I-539, Application to Extend/Change Nonimmigrant Status, for F, M, J, or B nonimmigrants from the Vermont Service Center (VSC) to the Texas Service Center (TSC).

USCIS Publishes Notice of Proposed Rulemaking on Public Charge Ground of Inadmissibility

Today, USCIS published a notice of proposed rulemaking in the Federal Register to revise the regulations on inadmissibility on public charge grounds.

Mother Jones: “In Any Other Judicial System, the Government Cannot Just Take Away Your Kid”

Mother Jones reports on ICE’s use of family separation outside of the context of the “zero-tolerance” border policy, sharing the story of a woman who was detained with her 2-year-old daughter after they fled Honduras. The mother passed her credible fear interview, and then her daughter was separated from her because the mother was found to be a safety risk to her child, presumably based on information she provided during her interview

Army Expelled 500 Immigrant Recruits in One Year

The Associated Press reports that after the Military Accessions Vital to the National Interest (MAVNI) recruiting program was put on hold in 2016, the Army began discharging the immigrants with language or medical skills who had enlisted through the program without explanation.

CBP Issues Updated Statement on Canada’s Legalization of Marijuana and Crossing the Border

CBP released an updated statement regarding Canada’s legalization of marijuana. According to the updated statement, Canadian citizens who work in the legal marijuana industry in Canada and whose travel to the United States is unrelated to the marijuana industry “will generally be admissible,” but individuals whose travel to the United States is found to be for a reason related to the marijuana industry “may be deemed inadmissible.”

USCIS Issues Policy Alert on Marriage and Living in Marital Union Requirements for Naturalization

USCIS is updating policy guidance in its Policy Manual to clarify the married and living in marital union requirements for naturalization under INA §319(a). The updated guidance is effective immediately, is controlling, and supersedes any prior guidance on this matter.

DHS to Increase Premium Processing Fee As of October 1

DHS published a final rule in today’s Federal Register increasing the premium processing filing fee by 14.92 percent, changing it from $1,225 to $1,410. The rule is effective October 1, 2018, and applications postmarked on or after that date must include the new fee.

Judge Denies Preliminary Injunction, Preserving DACA for Now

On Friday, August 31, 2018, a district court judge in Texas declined to issue a preliminary injunction halting DACA.

BIA Distinguishes Pereira and Dismisses Respondent’s Appeal

The BIA found that a notice to appear that doesn’t specify the time and place of an individual’s initial removal hearing vests an immigration judge with jurisdiction over the removal proceedings and meets the requirements of INA §239(a), so long as a notice of hearing specifying this information is later sent to the individual.

USCIS’s can now issue denials without an RFE under certain circumstances

USCIS’s new guidance regarding the discretion to deny an application, petition, or request without first issuing an RFE or NOID in certain circumstances will take effect next Tuesday, September 11, 2018.
Another hit on due process. However, going to court is always an option.