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On July 13, 2018, USCIS issued a policy memorandum, providing guidance to adjudicators regarding the discretion to deny an application, petition, or other benefit request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if required evidence is not submitted with the initial petition/application package, or if the evidence in the record does not establish eligibility for the benefit sought. This guidance is effective September 11, 2018.This policy memo [...]

On May 10, 2018, USCIS issued a Policy Memorandum offering new guidance to immigration officers on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents, admitted for “duration of status” or until a specific date. Under prior USCIS policy, foreign students and exchange visitors who were admitted for, or present in the United States in, duration of status (D/S) [...]

One of the most controversial topics in politics today surrounds the Deferred Action on Childhood Arrivals program, more commonly known as DACA. This program was created by President Obama to provide a way for for immigrants who were brought to the United States illegally as children to come out of the shadows and apply for temporary authorization to remain in the U.S., and to apply for temporary work permits. At the time, President Obama referred to the program as a temporary measure to give [...]

On January 20, 2018, the federal government entered into a partial shutdown. Generally, agencies that receive funding from filing fees or other government sources are expected to remain open, but are expected to experience service delays. Immigration processes and agencies will be impacted as explained below. U.S. Citizenship and Immigration Services U. S. Citizenship and Immigration Services (USCIS) and its field offices will remain open. According to USCIS.gov, “The current lapse in [...]

The Trump Administration has declared war on legal, employment-based immigration. Not since the Chinese Exclusion Acts of the 1800’s have we seen such restrictionist views on immigration policy, particularly in the area of employment-based immigration. Without a change in immigration regulations, the Trump Administration is quietly erecting a “silent wall” creating barriers and unattainable high standards in the adjudications process, which often exceed regulatory intent. The [...]