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H-1B’s to open up in April

You should start thinking about preparing and getting ready the H-1B you might qualify for in order to try to be in this years allotment of H-1B’s.

ICE Not Following Its Own Rules on Releasing Pregnant People

There are indications that ICE has revoked a policy issued in August 2016 recommending that pregnant people “generally not be detained” and is currently detaining pregnant people “at the rate of one per day.” Cases of pregnant women being detained by ICE have been detailed in an administrative complaint filed with DHS on behalf of these women.

Extreme Vetting Policies

Touting national security concerns, President Trump has been swiftly implementing burdensome, ineffective, and unnecessary policies through executive actions and memoranda, including implementing several travel bans on Muslim-majority countries and refugees, and now requiring USCIS to conduct in-person interviews for people who have already been thoroughly vetted. Federal agencies like DHS and DOS are not being transparent about how these immigration policies are being developed and administered, leaving individuals and businesses in the dark about how they will be impacted

Court reverses Asylum Denial

Court Reverses BIA’s Determination That Salvadoran Petitioner Failed to Show Persecution on Account of Her Family Membership
The Fourth Circuit granted the petition for review and remanded, holding that, in affirming the IJ’s clearly erroneous factual finding that ignored critical evidence in the record, the BIA abused its discretion. The court found that the Salvadoran petitioner’s familial relationship to her father was “at least one central reason” that the MS-13 gang targeted and threatened the petitioner.

English Translations

You must remember to certify all translations in accordance with immigration law or it will be rejected.

The SUCCEED Act

The new act is proposed to legislate the DREAM ACT in order to give the 800,000 young people a way to legally stay in the U.S. Call your congressional representative to vote ‘Yes’ on it

USCIS Resumes Premium Processing for Some Categories of Applicants Seeking H-1B Visas

On September 18, 2017, USCIS resumed premium processing for all H-1B petitions subject to the FY 2018 cap. Premium processing has also resumed for the annual 20,000 additional petitions that are set aside to hire workers with a U.S. master’s degree or higher educational degree. USCIS previously resumed premium processing H-1B petitions filed on behalf of physicians under the Conrad 30 waiver program, as well as interested government agency waivers and for certain H-1B petitions that are not subject to the cap. Premium processing remains temporarily suspended for all other H-1B petitions, such as extensions of stay.

Looks like DACA is going to END

Question: I’m on DACA and my friend is renewing DACA and another friend is going to apply for DACA. I have heard rumors about this. Should I be worried?

Answer: Yes, you should be worried. There have been various leaks from the White House. There have also been rumors that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly, President Trump’s daughter Ivanka Trump, and Vice President Mike Pence, want the president to strike an ambitious deal with Congress that offers Dreamers protection in exchange for legislation that pays for the border wall, more detention facilities, legal immigration curbs, and the implementation of E-Verify.

This is atrocious that the President of the U.S. would seemingly use the DACA recepients as pawns to get a Wall built. Ironic that he wants to use as leverage a program that allows persons here illegally to stay here on an approved program in exchange for building a Wall supposedly used to keep people out from coming into the U.S.

Question: As of now, what are the requirements for DACA?

Answer: DACA or Dream Act or Dreamers or Deferred Action as it i s called has the following requirements:

To request Consideration of Deferred Action for Childhood Arrivals, you must meet the following DACA requirements: You were under the age of 31 as of June 15, 2012; You entered the United States prior to your 16th birthday and You have resided in the United States since June 15, 2007 and currently are present in the U.S..

Question: What happens if is ended?

Answer: That is unclear. It is unclear if you are already on DACA as to whether you will be able to continue until it terminates or upon the day Trump does not renew it; whether a renewal already in the pipeline will be able to continue; whether a person outside the U.S. on Advance Parole can re-enter the U.S. without a problem and a variety of other factors.

McClatchy: Trump Aides Plot a Big Immigration Deal—That Breaks a Campaign Promise

McClatchy reports that a number of White House officials, including former and current White House Chiefs of Staff Reince Priebus and John Kelly, President Trump’s daughter Ivanka Trump, and Vice President Mike Pence, want the president to strike an ambitious deal with Congress that offers Dreamers protection in exchange for legislation that pays for the border wall, more detention facilities, legal immigration curbs, and the implementation of E-Verify.

Court Says California Conviction for Second Degree Murder Based on Aiding and Abetting Theory Qualifies as an Aggravated Felony

The Ninth Circuit denied the petition for review, holding that the petitioner’s California conviction for second degree murder, based on an aiding and abetting theory, made him removable for having been convicted of an aggravated felony. The court found that California law on aiding and abetting, which looks to the natural and probable consequences of an act the defendant intended, had not materially changed since the U.S. Supreme Court decided Gonzales v. Duenas-Alvarez in 2007