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Another win for Law Offices of Brian D. Lerner

After nearly 6 years, Client’s application for adjustment of status (AOS) as the battered spouse of a U.S. citizen was approved by USCIS.  Client’s initial I-360 was approved by USCIS but at the adjustment stage was revoked and his application for adjustment of status was denied.  He then filed a second I-360 which was again approved and he again filed for AOS.  His second application was pending for over 2 years and after several Requests for Evidence his application was approved and he is now a lawful permanent resident.

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

U.S. District Judge Jon Tigar issued an order enjoining the government from taking any action continuing to implement the July 16, 2019, DHS and DOJ joint interim final rule, entitled Asylum Eligibility and Procedural Modifications, and requiring the government to return to its pre-rule practices for processing asylum applications, pending final judgment or further order of the court.

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019.
This final rule makes the following major revisions to the EB-5 program:
Increases the required minimum investment amounts;
Revises the standards for certain targeted employment area (TEA) designations;
Grants DHS authority to designate high unemployment TEAs;
Clarifies USCIS procedures for the removal of conditions on permanent residence; and
Provides priority date retention to certain EB-5 investors

U.S. District Court for Northern District of California Enjoins Trump Administration from Implementing New Asylum Restrictions

USCIS Publishes Final Regulation Making Significant Changes to the EB-5 Immigrant Investor Program

On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a final rule in the Federal Register making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019.
This final rule makes the following major revisions to the EB-5 program:
Increases the required minimum investment amounts;
Revises the standards for certain targeted employment area (TEA) designations;
Grants DHS authority to designate high unemployment TEAs;
Clarifies USCIS procedures for the removal of conditions on permanent residence; and
Provides priority date retention to certain EB-5 investors.

H‑2B Petitioners Must Include Temporary Labor Certification Final Determination with USCIS Form I‑129

USCIS announced that employers whose H‑2B application was processed in FLAG must include a printed copy of the electronic one-page “final determination” of their H‑2B temporary labor certification approval when submitting Form I‑129, Petition for a Nonimmigrant Worker. Employers must also ensure that the DOL Case Number identified on the final determination is the same as the ETA Case Number provided in Part 5, Item 2 of Form

USCIS Acting Director Instructs Asylum Officers to Consider Possibility of Internal Relocation in Home Country for Credible Fear Screenings and Determinations

The acting director of USCIS sent a message to asylum officers instructing them to elicit testimony for credible fear screenings to determine whether asylum seekers who provide evidence of private violence attempted to internally relocate in their home countries prior to traveling to the United States.

CNN: Supreme Court Blocks 2020 Census Citizenship Question in Setback for Trump Administration

CNN reports that the Supreme Court has blocked a citizenship question from being added to the 2020 census for the time being. Writing for a 5-4 majority, Chief Justice John Roberts concluded that there was sufficient reason for concern about why the Commerce Department wanted to add the question. President Trump tweeted that he has asked lawyers whether it’s possible to delay the census.

Asylum Officers Union and Former U.S. Officials File Amicus Briefs Condemning Remain in Mexico Policy

Two amicus briefs were filed yesterday in Innovation Law Lab v. McAleenan, a case challenging the administration’s Migrant Protection Protocols (MPPs), commonly known as the Remain in Mexico policy. Local 1924 of the American Federation of Government Employees, which represents over 2,500 bargaining unit employees of USCIS, submitted an amicus brief arguing that the MPPs don’t streamline processes, but rather make the system less efficient. In a separate amicus brief, former immigration, national security, foreign policy, and other public officials stated that “the government’s purported justifications for the MPP[s] do not pass muster.”

House Passes Senate Version Of New Funding To Ease Border Crisis

The House passed the Senate-approved border supplemental spending bill, which included significant additional funding for ICE and CBP to house, transport, and provide for the care of migrant detainees, as well as funds to enable the HHS to care for the large numbers of unaccompanied children, among other provisions.