October 2023 Visa Bulletin: Major Advancement for India Employment-Based Categories

The October 2023 Visa Bulletin shows dramatic updates, particularly for India Employment-Based cases. Other updates are noted.

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DACA Program Declared Unlawful by Texas Judge

The Biden Administration’s DACA program has been ruled illegal by a Texas federal judge. Deferred Action for Childhood Arrivals (DACA) provides work authorization and protection from deportation for children brought to the U.S. under the age of 18.

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Voluntary Departure Deadline Now Includes Weekends, Holidays

Individuals facing removal proceedings who accept voluntary departure must leave the country within the 60-day deadline, including weekends and federal holidays, a Tenth Circuit panel found.

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Government Funding Deadline September 30 to Avoid Shutdown

U.S. Government funding is established through September 30, 2023. If Congress does not pass funding legislation, a government shutdown is possible on October 1, 2023. The process, with less than three weeks, is seemingly going to be a challenge.

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TPS Beneficiaries EAD Extension Deadline

Qualifying Temporary Protected Status (TPS) holders may be eligible for an EAD extension. Specific requirements apply with a deadline of October 26, 2023. If you need help, contact us.

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Affirmative Asylum Applicants Required to Bring Interpreters to Interviews

Affirmative asylum applicants who are not fluent in English are required to bring an interpreter to their asylum interview, effective September 13, 2023.

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Proposal to Grant Immigration Judges Permanent Administrative Closure Authority

The Biden administration is proposing making immigration judges’ authority to pause qualifying removal cases a permanent policy. Referred to as administrative closure, the authority is not explicitly stated in regulations.

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Rio Grande Barrier Ordered Removed

Texas must remove a floating barrier from the Rio Grande River, per a federal judge. The barrier, meant to reduce illegal border crossing, was found to be in violation of the Rivers and Harbors Appropriation Act.

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K-1 Visa: The Importance of Timely Marriage

The K-1 visa, often referred to as the fiancé visa, is an avenue for the fiancée of U.S. citizens to come to the United States with the intention of getting married in the country. This visa allows the fiancé a single entry to the U.S. to get married within 90 days of their admission to the U.S.

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New Backlog Record for Employment‐Based Green Card

According to an analysis from the CATO Institute, a new record of 1.8 million employment-based cases is in the green card backlog which sets a new high. But that's just the start.

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Update On Processing Delays for Advance Parole Applicants

Advance Parole grants certain immigrants the option to return to the U.S. after traveling abroad without needing a visa. It's essential for Adjustment of Status (AOS) applicants because departing the U.S. without Advance Parole before the AOS application is approved may result in the abandonment of the AOS Green Card application.

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What You Need To Know About R-1 Temporary Religious Worker Visa

The R-1 Temporary Religious Worker visa is an option for those who wish to bring a qualifying foreign minister, clergyperson, or religious worker to the U.S. The R-1 is a temporary visa with optional renewal periods.

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Our Perspective: USCIS Announces Additional Child Status Protection Act Relief

USCIS issued additional policy guidance regarding the “sought to acquire” requirement under the Child Status Protection Act (CSPA).  The new guidance offers helpful clarifications following the February 2023 policy update, further expanding access to much-needed relief.

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Humanitarian Parole Program Hearing Scheduled

Legal proceedings begin this week arguing the legality of the humanitarian parole program. A group of Republican states claims the Biden administration is overstepping its power with the creation of the program.

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Rio Grande Floating Barrier Removal Hearing

A Texas judge is hearing arguments as to the removal of a barrier that is floating in the Rio Grande River. The barrier, installed by the state of Texas, is meant to deter migrants from crossing the border.

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USCIS Introduces Online In-Person Appointment Request

USCIS announced the availability of an online form to request in-person appointments at the local field office.

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USCIS Medical Examination Alerts

Many Employment-Based (EB) Adjustment of Status applicants are receiving messages from United States Citizenship and Immigration Services (USCIS) regarding Form I-693, Report of Immigration Medical Examination and Vaccination Record. Generally, the message is a call to action for applicants to complete their Form I-693 as soon as possible.

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Premium Processing Expectations for F-1 EADs

The Office of the Citizenship and Immigration Services Ombudsman is receiving reports of delays in the premium processing timeline for their employment authorization document (EAD). This update outlines expectations, timelines, and a suggested process if delays are encountered.

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Simplifying and Streamlining the Cuban and Haitian Family Reunification Parole Process

DHS announced the process under the Cuban Family Reunification Parole Process (CFRP) and Haitian Family Reunification Parole Process (HFRP) will be streamlined with the use of technology.

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The End of Fiscal Year 2023: September 2023 Visa Bulletin

The September 2023 Visa Bulletin, the last for the current fiscal year for the U.S. government, is now available. The bulletin shows the return to pre-pandemic levels in some visa categories.

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