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A Visa Program That Protected Domestic Violence Victims Is Now Putting Them at Risk of Deportation

USCIS’s new NTA policy and new restrictions on when immigration judges can issue continuances have made applying for a U visa a much riskier endeavor for undocumented crime victims, leading immigration attorneys to discourage them from applying in certain circumstances. Around 75% of those granted U visas are sexual assault, domestic violence, and human trafficking victims

USCIS and CBP Extend Form I‑129 Pilot Program for Canadian L‑1 Nonimmigrants

USCIS and CBP announced that they extended their joint pilot program for Canadian citizens seeking L‑1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019. This pilot allows, but doesn’t require, Canadian citizens to request USCIS remotely adjudicate their petitioning employer’s Form I‑129 or I‑129S prior to their arrival or when they arrive at the Blaine port of entry.

BIA Finds Respondent Provided Insufficient Evidence He Would Be “Tortured” in a Mexican Institution

The BIA dismissed the appeal and upheld the immigration judge’s determination that the respondent did not show eligibility for protection under the Convention Against Torture (CAT) based on the conditions of mental health facilities in Mexico.

USCIS Updates H‑2B Cap Count for FY2019

USCIS updated its H‑2B cap count for FY2019, stating that it has received 23,503 beneficiaries towards the 33,000 cap for the first half of FY2019, with 20,155 approved and 3,348 beneficiaries pending.

Trumps attempt to end DACA is thwarted. Ninth Circuit Affirms Preliminary Injunction Requiring DHS to Adjudicate DACA Renewal Applications

The court issued an opinion affirming the district court’s January 9, 2018, entry of a preliminary injunction requiring DHS to adjudicate renewal applications for existing DACA recipients.

USCIS to Expand Implementation of New Policy Memorandum on NTAs

USCIS announced it is continuing to implement its June 28, 2018, policy memo on issuance of Notices to Appear (NTAs). Starting November 19, 2018, USCIS may issue NTAs based on denials of Forms I-914, I-914A, I-918, I-918A, I-360, I-929, and I-730, as well as I-485 when filed with these underlying form types.

USCIS Issues Guidance on Determining Suitability of Prospective Adoptive Parents for Intercountry Adoption

USCIS issued a policy memorandum that amends the Adjudicator’s Field Manual to provide guidance on issues related to prospective adoptive parent suitability that may arise when adjudicating intercountry adoption cases. The memo is effective immediately except as specified and supersedes prior guidance.

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