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USCIS Provides Guidance Related to Northern Mariana Islands Long-Term Legal Residents Relief Act

USCIS announced it will automatically extend parole, and employment authorization if applicable, for certain residents of the Commonwealth of the Northern Mariana Islands (CNMI). This specific extension of parole as authorized by law will provide relief while USCIS establishes procedures for obtaining the new CNMI Resident status, which was created by the Northern Mariana Islands Long-Term Legal Residents Relief Act (Public Law 116-24).

BIA Dismisses Appeal After Finding N‑550 Does Not Confer Citizenship Status if Acquired Unlawfully

The BIA found the respondent removable, holding that it is not necessary to show his intent in order to establish that he is deportable for making a false representation of U.S. citizenship, and also because a Form N‑550 does not confer citizenship status if it is acquired unlawfully.

Federal Court Requires Immigration Courts to Continue to Provide Bond Hearings Despite Matter of M‑S‑

In Padilla v. ICE, a district court judge issued a decision that requires immigration courts to continue to provide bond hearings to individuals fleeing persecution who enter the United States without inspection, are placed in expedited removal proceedings, and pass their credible fear interviews. The decision is set to take effect on July 16, 2019.

Trump Administration Ending In-Person Interpreters at Immigrants’ First Hearings

The San Francisco Chronicle reports that the administration is preparing to replace in-court interpreters at initial immigration court hearings with videos informing asylum seekers and other immigrants facing deportation of their rights. Advocates have raised concerns that the move could jeopardize immigrants’ due-process rights, add confusion, and potentially make the system less efficient by causing more individuals to go underground or appeal cases.

USCIS Updates Rejection Criteria for Form I‑129

USCIS announced that it will begin rejecting petitions where Form I‑129, Petition for a Nonimmigrant Worker, does not include the petitioner’s or applicant’s name and primary U.S. office address in Part 1 of the form.

DOS Updates Immigrant and Nonimmigrant Visa Application Forms to Request Social Media Identifiers

DOS announced that on May 31, 2019, it updated its immigrant and nonimmigrant visa application forms to request additional information, including social media identifiers, from most U.S. visa applicants worldwide. Notices of these changes were published in the Federal Register on August 28, 2018.

USCIS Announces Cap Reached for Additional H-2B Visas for FY2019

USCIS announced that it received enough petitions to reach the additional maximum 30,000 visas made available under the May 8, 2019, temporary final rule for returning workers under the H‑2B cap for FY2019. USCIS will reject and return any cap-subject petitions and accompanying filing fees received after June 5, 2019.

DOL Will Only Accept Electronic Filings of Form ETA 9141 via FLAG System’

As of today, DOL only accepts electronic filings of Form ETA 9141, Application for Prevailing Wage Determination, through the new Foreign Labor Application Gateway (FLAG) System. Furthermore, beginning Thursday, June 13, 2019, H‑2B applications will be accepted via FLAG, and on July 3, 2019, all H‑2B applications must be sumbmitted via FLAG

USCIS Announces that Certain New Zealand Nationals Are Now Eligible for E-1 and E-2 Nonimmigrant Classifications

USCIS announced that starting yesterday, June 10, 2019, certain New Zealand nationals can request a change of status to the E‑1 nonimmigrant trader classification and the E‑2 nonimmigrant investor classification under Public Law 115-226.

BIA Dismisses Appeal and Issues Decision on “Realistic Probability”

The BIA found that where an individual has been convicted of violating a state drug statute that includes a controlled substance that is not on the federal controlled substances schedules, the individual must establish a realistic probability that the state would actually apply the language of the statute to prosecute conduct involving that substance in order to avoid the immigration consequences of such a conviction.