News

This week, a New York judge refused to modify or clarify a state order that would resume the acceptance of granting of Deferred Action for Childhood Arrivals (DACA) applications. This comes over large confusion about the New York order in conjunction with a recent Texas order.

In 2021, a Texas order required that the U.S. Department of Homeland Security stop approving new applications for DACA. The order reasoned that the Biden Administration “misapprehended” the interactions of a December 2020 Texas order and a New York court order, which required the government to accept first-time, renewal, and advance parole DACA requests. Nearly 80,000 immigrant applicants requested clarification of the Texas order, as to compare it to the New York order.    

A judge ordered U.S. Citizenship and Immigration Services (USCIS) to reconsider a green card application due to the extreme delay in issuing a decision. While the green card application was denied by the agency, the judge found that the delay limited the person’s ability to respond to agency concerns. The delay from initial filing to final adjudication was ultimately six years, with the basis of determination no longer available for the applicant to submit additional information for reconsideration.

Those seeking asylum and withholding of removal status in the United States should expect a delay in receipt notice from U.S. Citizenship and Immigration Services. USCIS announced that those filing an I-589, Application for Asylum and for Withholding of Removal should not expect a timely receipt from the agency due to ongoing delays.

While receipts are expected to be delayed, USCIS has confirmed that, for purposes of the asylum one-year filing deadline, an applicant’s filing date will remain the date that the I-589 petition was received by USCIS, not the date the receipt notice is ultimately issued. This applies to affirmative interviewing scheduling priorities and Employment Authorization Document eligibility, based on a pending asylum application. It must be noted, however, that if the petition is not filed properly, it will be rejected, regardless of the filing date.

The Biden Administration announced its plan to move forward in providing temporary ID cards to undocumented immigrants awaiting their status decision. The pilot program is intended to improve inconsistent paper forms and reduce administrative inefficiencies that agencies are facing.

The White House plans to begin implementing a pilot program, to identify and assist undocumented immigrants, called the “ICE Secure Docket Card” program. Immigrants seeking asylum may be granted temporary ID cards to gain better access to resources as they await their final decisions. If the proposal is successful, immigrants will be able to receive healthcare, housing, and transportation.

Recently, USCIS announced that initial Special Immigration Visa (SIV) classifications will now be processed by the Department of State, rather than the USCIS. In addition, USCIS announced its Policy Manual will be amended, to expand eligibility requirements for Afghan and Iraqi SIVs.

Prior to the announced policy changes, Afghan SIV applicants who were already in the United States were required to fulfill a three-step process. The process began with an Afghan SIV applicant applying for “Chief of Mission (COM) approval from the Department of State. Upon approval, an I-360 would be filed through the USCIS. The process would conclude with an I-485 Application to Adjust Status through the USCIS, in order to receive a green card.

Under the requirements for the O-1A nonimmigrant visa category, the beneficiary is eligible for the O-1A visa provided they have extraordinary ability in the sciences, education, business, or athletics. These must be demonstrated by sustained national or international acclaim. Holders must seek to enter the United States to continue work in the area of extraordinary ability. As a part of the application process, the beneficiary is required to submit evidentiary proof of their eligibility. The USCIS has laid down extensive examples of evidence and relevant considerations. Here, we review these examples.

A bill introduced in the Senate proposes that employment-based visas should be granted based on merit and skill requirements. The bill, the Equal Access to Green Cards for Legal Employment Act of 2022 (EAGLE Act), focuses on a skills-based approach for employment-based visas and supports the reduction of immigration backlogs by slowly eliminating the per-country cap over a nine-year period.

Congress currently has the power to update cut-off date restrictions for the U.S. registry law which is used to determine when immigrants may be eligible to apply for permanent resident cards. While a specific cut-off date has not yet been determined, House Democrats are proposing eligibility for applicants who have lived in the United States for at least seven years. If the legislation is passed, nearly 8 million documented and undocumented immigrants would have a path to citizenship.

A Texas federal court order blocked the Biden administration’s immigration enforcement policy that prioritizes the removal of certain immigrants. They cite that such “disruptive” relief has not been justified. In response, the Biden administration filed an emergency application with the Supreme Court to shut down this order.

The Biden administration referenced a decision by the Sixth Circuit that found immigration officers still have control over removal and detention actions. However, the guidance does limit their ability to pursue action against certain immigrants. This decision lifted an Ohio federal judge’s ruling to partially block this guidance from the White House.

A lawsuit has been filed against U.S. Citizenship and Immigration Service (USCIS) over excessive delays in reviewing an EB-5 submission. The EB-5 program is going through some challenges this year. In March, USCIS announced that regional centers could no longer process applications. All centers would be required to complete reauthorization. However, in June, a federal judge confirmed centers should continue to operate while legal actions regarding the change are processed.