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Immigration lawyers have sued to demand paused visa deadlines

Amid the coronavirus pandemic, it has been difficult for immigration lawyers to meet with their clients, gather evidence, and complete visa petitions. Though USCIS has recently waived fingerprinting requirements and relaxed some evidence deadlines, many deadlines are still in place.

CBP has 160 confirmed cases of COVID-19.

On April 6, U.S. Customs and Border Protection disclosed that it has 160 confirmed cases of COVID-19. Those infected include customs officers and border patrol agents, but there is no existing breakdown on how many infected had jobs where they had contact with the public.

U.S. flights deporting migrants to Guatemala have been suspended for one week.

On Monday night, Guatemala’s foreign ministry said that all flights from the U.S. carrying deported migrants will be halted this week. The reason is that this week is Holy Week for Christians.

ICE is considering releasing vulnerable detainees during the pandemic.

On Tuesday, ICE informed lawmakers that it was considering releasing some at-risk detainees in view of the COVID-19 pandemic. The cases of pregnant women and those over 60 are being reviewed in particular. So far, ICE has identified 600 detainees as vulnerable and has released 160.

The mayor of Chicago has signed an order ensuring that all immigrants and refugees will have access to COVID-19 relief.

Chicago is providing COVID-19 relief in the form of housing assistance, online educational resources, and a small business fund. On April 7, Mayor Lori Lightfoot signed an executive order establishing that all Chicago residents, regardless of immigration status, will have equal access to relief.

Covid 19 and PERM

The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice management resources to assist members with firm continuity, remote working, and more. AILA’s CBP Liaison Committee issued a practice alert about the closing of the northern and southern borders. AILA requested that USCIS provide additional accommodations to facilitate filings during the COVID-19 national emergency.

U.S. Magistrate Judge Finds USCIS Improperly Interpreted “Degree” to Require Specific Subspecialty for H-1B Visa

Earlier this month, a federal judge in North Carolina ruled that USCIS erred in denying an H-1B petition based on its finding that an engineering position did not qualify as a specialty occupation because it did not require a degree in a specific subspecialty.

Covid 19 Status at Facilities

The DOL OFLC announced that tomorrow, the Atlanta National Processing Center will begin issuing PERM labor certification documents electronically. AILA’s PPC has gathered a variety of practice management resources to assist members with firm continuity, remote working, and more. AILA’s CBP Liaison Committee issued a practice alert about the closing of the northern and southern borders. AILA requested that USCIS provide additional accommodations to facilitate filings during the COVID-19 national emergency.

USCIS and Covid 19 and RFE’s

In response to the Coronavirus (COVID-19) pandemic, U.S. Citizenship and Immigration Services announced that it is adopting a measure to assist applicants and petitioners who are responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020.
For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response deadline set forth in the RFE or NOID will be considered by USCIS before any action is taken.
USCIS is adopting several measures to protect our workforce and community, and to minimize the immigration consequences for those seeking immigration benefits during this time.

Ninth Circuit Defends Asylum in Two Rulings

In Innovation Law Lab v. Wolf, the Ninth Circuit reinstated the previously stayed injunction halting the Remain in Mexico policy. Additionally, in East Bay Sanctuary Covenant v. Trump, the Ninth Circuit affirmed a preliminary injunction enjoining enforcement of a rule and presidential proclamation that strip asylum eligibility from migrants who cross into the United States along the southern border with Mexico between designated ports of entry.