News

U.S. Citizenship and Immigration Services (USCIS) plays a significant role in the processing of employment-based visas, and we want to ensure we use as many available visas as possible in fiscal year (FY) 2022, which ends on Sept. 30, 2022.  

We are still doing our part with the U.S. Department of State (DOS) in processing employment-based immigrant visas for those applicants living outside the United States.  We urge anyone within the United States who may be eligible for an employment-based adjustment of status to note these important reminders regarding Form I-693, Report of Medical Examination and Vaccination Record,

Some corporations are offering reimbursements for immigration document renewal fees to their foreign-born employees who are already authorized to live and work in the United States. This change comes following an increased labor shortage, especially in the food service and accommodation industry, which had over 1 million available jobs at the end of April 2022. 

The Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman) announced helpful information for Employment-Based adjustment of status applications. The Office CIS Ombudsman serves as a liaison between the public and U.S. Citizenship and Immigration Services (USCIS). It is important to know the CIS Ombudsman office is not part of USCIS, therefore they have no decision-making rights over applications pending with USCIS. However, the CIS Ombudsman office helps individuals and employers resolve issues they are having with USCIS including delays in processing an application.

The CIS Ombudsman office has released updates on Employment-Based adjustment of status as a result of the numerous requests for case assistance they have received as the end of Fiscal Year (FY) 2022 is approaching. The CIS Ombudsman has confirmed understanding of the significant number of cases related to pending employment adjustments, the USCIS has issued its commitment to improving and maximizing employment visa usage for the remainder of FY 2022.

The recent Supreme Court rulings on immigration matters have seemingly provided further protection for the government and its agents but have minimized rights for non-citizens and citizens alike. Upon these rulings, it is now permissible for non-citizens to remain detained for six months or more without a bond hearing. In addition, the Supreme Court has upheld that government officers are further protected by the Bivens rule. However, this may be subject to change, as Congress may legislate on the matter.

USCIS announced some I-765 receipt notices have been sent out with errors. If you have questions, contact us.

The Board of Immigration Appeals (BIA) ruled that immigrants with deferred adjudications for serious offenses are not eligible for removal waivers or asylum. This contradicts a previous argument that a Mexican national who arrived illegally in the US should not be denied access to deportation relief if his sentence was being delayed.

The Immigration and Nationality Act (INA) states that immigrants who are convicted for a “particularly serious crime by a final judgment” are not eligible for withholding of removal. A panel of three judges determined that deferred adjudications should be treated as formal convictions under state law since the term "final judgment" was not clearly defined in the statute in question. This judgment was made in accordance with a 1937 high court that ruled that a suspended sentence is equal to a final judgment.

The July 2022 Visa Bulletin shows some advancement for nationals of India in the EB-2 category. There is no movement at all for the EB-3 category. There is some movement for Mexican nationals for family-based cases. Read the full update of the July Visa Bulletin to see if the updates affect you. Contact us to see how we can help you achieve your immigration goals.

The requirement for those entering the United States via air travel to complete COVID testing before departure has been dropped. This change is active as of Sunday, June 12th at 12:01 am Eastern Time. The Centers for Disease Control and Prevention (CDC) determined that this requirement is no longer necessary and will revisit this decision in 90 days. If a new COVID variant presents itself and begins to cause concern, it could be reinstated.

A Honduran man was denied permission to stay in the US and deported after being convicted for possession of a forged social security card with a counterfeit government seal. This conviction, which occurred in California, is grounds for deportation as a crime involving moral turpitude. He was convicted of multiple crimes in the U.S. and was sentenced to two weeks in prison and two years of probation for the conviction. He stated that his deportation would harm his 14-year-old son.

Thirteen lawful permanent residents have filed a lawsuit regarding a delay in the processing of their citizenship applications by the United States Citizenship and Immigration Services (USCIS). The lawsuit claims the delay to become U.S. citizens inhibits their ability to vote in the November 2022 elections, which is a civil right that they should be allowed in their pursuit of life in the United States.

The plaintiffs filed their citizenship applications in 2020 when the Federal Records Center was closed due to the COVID-19 pandemic. The immigration files, also called A-files, are required to be reviewed by a USCIS officer before an interview can be scheduled and the application can potentially be approved; this made any progress in the citizenship process impossible until the center reopened.