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DOJ Secures First Denaturalization as a Result of Operation Janus

The Department of Justice (DOJ) announced that a judge revoked the naturalized U.S. citizenship of Baljinder Singh and canceled his Certificate of Naturalization, reverting him to lawful permanent resident status and rendering him potentially subject to removal proceedings at DHS’s discretion. This case was the first denaturalization to result from the DHS initiative Operation Janus.

DACA Back on Track (temporarily) DACA Can Still Go Forward

Question: I have heard that a Federal Judge allowed applications on DACA to proceed. Is that true?

Answer: On September 5, 2017, the Trump Administration rescinded the Deferred Action for Childhood Arrivals (DACA) program. On September 8, 2017, the University of
California filed a complaint challenging the rescission of the DACA program and asking the
court to enjoin the implementation of the rescission. On January 9, 2018, the district court issued an order directing the government to partially maintain the DACA program.

Question: What is the scope of the order?

Answer: The court’s decision orders DHS to maintain the DACA program on a nationwide basis, under the same terms and conditions that were in effect before the program was rescinded, with the following exceptions:
• New Applications: The court stated that applications from people who have never applied
for DACA “need not be processed.” However, the court also noted that the decision does
not prevent DHS from adjudicating new DACA applications.
• Advance Parole: The court stated that applications for advance parole based on DACA
do not have to be continued for the time being. However, the court also noted that the
decision does not prevent DHS from adjudicating advance parole applications based on
DACA.
• Discretion: The court stated that the government can take steps to ensure that discretion
is exercised fairly and on an individualized basis for each renewal application.

Question: What about deportation?

Answer: Importantly, the court also stated that the decision does not prohibit DHS from taking
enforcement action against anyone, including those with DACA, who it determines may pose a
risk to national security or public safety or who – in the judgement of DHS – “deserves … to be
Removed.”

Question: What must I file?

DACA

Answer: Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF), Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF).  USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.  USCIS will not accept or approve advance parole requests from DACA recipients.

This is just temporary. The Federal Judge did not rule on the merits and that is still upcoming in Federal Court.

DACA District Court Ruling

A District court order in Regents of the University of California v. DHS, which directed DHS to maintain the DACA program on a nationwide basis on the same terms and conditions as were in effect before the September 5, 2017, rescission of DACA, including allowing DACA enrollees to renew their enrollments, with certain exceptions.

Court Finds BIA Abused Its Discretion in Mental Competency Evaluation

In Calderon-Rodriguez v. Sessions, the Ninth Circuit granted the petition for review, finding that the BIA abused its discretion in affirming the immigration judge’s evaluation of the respondent’s mental competency by failing to recognize that the medical record relied upon was nearly a year old and by departing from the standards set out for competency determinations in Matter of M-A-M-.

Claims About “Chain Migration” Are Not Accurate

a number of claims about the family-based immigration system made by elected officials and media pundits in recent weeks, debunking many of them. CBS News also fact checked President Trump’s recent characterization of the Diversity Visa Lottery program, explaining how the program actually functions

L-1 Petitions to be Filed in different location

USCIS announced that on February 2, 2018, the Texas Service Center (TSC) will begin processing certain Form I-129 petitions for L nonimmigrant classification. The Vermont Service Center (VSC) will no longer process any new L visa petitions. Petitioners should file Form I-129 for an L visa at the direct filing addresses indicated by USCIS.

Is President Trump erasing all Immigration Laws from the Books?

Answer:  U.S. immigration law is very complex, and there is much confusion as to how it works. The Immigration and Naturalization Act (INA), the body of law governing current immigration policy, provides for an annual worldwide limit of 675,000 permanent immigrants, with certain exceptions for close family members. Lawful permanent residency allows a foreign national to work and live lawfully and permanently in the United States. Lawful permanent residents (LPRs) are eligible to apply for nearly all jobs (i.e., jobs not legitimately restricted to U.S. citizens) and can remain in the country even if they are unemployed. Each year the United States also admits noncitizens on a temporary basis. Annually, Congress and the President determine a separate number for refugee admissions.

Immigration to the United States is based upon the following principles: the reunification of families, admitting immigrants with skills that are valuable to the U.S. economy, protecting refugees, and promoting diversity. This fact sheet provides basic information about how the U.S. legal immigration system is designed.

One President cannot simply ‘erase’ all the laws regarding immigration to create fear and to try to make political points. One such way to come into the U.S. is based on Family Immigration. Family unification is an important principle governing immigration policy. The family-based immigration category allows U.S. citizens and LPRs to bring certain family members to the United States. Family-based immigrants are admitted either as immediate relatives of U.S. citizens or through the family preference system.

What if I have money to invest in my own business, but not from a ‘Treaty Country’ to get the E-2? Not from a Treaty Country? Try the L-1 and then the Multinational Visa Petition.

Question: I wanted to start my own business in the U.S. and in fact have sufficient money. However, I was told that I am not able to do so because I am not a citizen of a ‘treaty country’. Is there anything else I can do?

Answer: Yes, you can try the L-1A which actually requires considerably less money. You will have to either have your own company, or start a company in your home country.

Question: What is the L-1A?

Answer: The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States. The L-1A intra-company transferee classification applies to qualified executives and managers within multinational companies. These individuals can be transferred from their foreign employer to work for up to seven years in the United States for an appropriately affiliated U.S. company.

Question: What if I am not a manger? Is there another type of L-1?

Answer: Yes.  The L1B intracompany transferee classification applies to qualified specialized knowledge employees. Such individuals may be transferred from their foreign employer to work for up to five years in the U.S. for an appropriately affiliated U.S. company.

Question: What is the difference between the L-1A and the H-1?

Answer: Many employers in the United States routinely need temporary workers that are highly skilled. Therefore, there are various temporary work visas such as H1B and L1 (L1A and L1B) that allow the employers to hire foreign foreign workers.

Question: Can somebody on the L-1 apply later for the Green Card?

DHS Announces Termination of TPS for Haitians

DHS Acting Secretary Elaine Duke announced her decision to terminate Temporary Protected Status (TPS) for Haiti with a delayed effective date of 18 months before the designation terminates on July 22, 2019.

Court Permanently Enjoins Restriction on Receipt of Federal Grant Money by Sanctuary Jurisdictions

In County of Santa Clara v. Trump, the U.S. District Court for the Northern District of California issued a nationwide permanent injunction against §9(a) of Executive Order 13768, which blocks so-called “sanctuary jurisdictions” from receiving federal grant money. District Judge William H. Orrick found the plaintiffs demonstrated that the executive order has caused and will cause them constitutional injuries by violating the separation of powers doctrine and depriving them of their Tenth and Fifth Amendment rights.