USCIS must accept new DACA application in the 4th Circuit and may accept those filed in all other circuits. Historically, USCIS rescinded DACA. The U.S. Supreme Court vacated the rescission and restored DACA to pre-rescission status. IBLF recommended new DACA applications. USCIS then denied new DACA applications. Last week, Maryland District Court stopped USCIS from denying new DACA applications and …
Trump administration reverses course on foreign student ban
The Trump administration has reversed course over a new rule that would have banned some international students from studying in the U.S. this fall. The measure would have required international students to transfer schools or leave the country if their colleges hold classes entirely online because of the coronavirus pandemic. U.S. District Judge Allison Burroughs in Massachusetts said Harvard University and …
Congressional Leaders Urge ICE and DHS to Withdraw New Guidance for International Students Taking Online Courses
Ninety nine (99) members of Congress sent a letter to DHS and ICE urging the agencies to withdraw the new guidance issued by ICE that states that international students may not take a full online course load and remain in the United States. The letter support that the announcement of modifications to the Student and Exchange Visitor Program’s requirements for …
U.S. Department of State will not issue visas to students enrolled in schools fully online for the fall semester
Students attending schools operating entirely online may not take a full online course load and remain in the United States. The U.S. Department of State will not issue visas to students enrolled in schools and/or programs that are fully online for the fall semester nor will U.S. Customs and Border Protection permit these students to enter the United States. Active …
4th Circuit Denies Asylum Claim On Family Relation
One of the most difficult areas of asylum law is to determine what social group you are in if you are claiming asylum, and if that is the reason that you are in danger of persecution. While membership in a family is now established as a possible social group, it is important to tie the danger of persecution to the …
US Supreme Court Preserves DACA
The Supreme Court ruled Thursday, June 18th, that the Trump administration cannot carry out its plan to shut down the Deferred Action for Childhood Arrivals (DACA) program, which has allowed nearly 800,000 young people, known as Dreamers, to avoid deportation and remain in the U.S. https://www.nbcnews.com/politics/supreme-court/supreme-court-rules-trump-cannot-end-daca-big-win-dreamer-n1115116?fbclid=IwAR20dr4j1fgFCSuByRppJTDQF5TFFfrhNSVSbI7ArlarWXBbBjZwFW7EatI
Your asylum has been terminated!
Photo by Pascal Guyot AFP
7th Circuit Blocks Public Charge Burden
This decision releases the Supreme Court stay which permitted the Trump administration’s policy against immigrants to become effective. Not the end of the battle, but a victory. An excellent article discussing the merits of this issue was posted in the Washington Post on Friday: https://www.washingtonpost.com/opinions/trump-is-so-set-on-harassing-immigrants-that-his-immigration-agency-needs-a-bailout/2020/06/11/52c2ae06-ac1b-11ea-9063-e69bd6520940_story.html
H-1B Statutes Are Carefully Crafted to Be Misleading to the Casual Reader
The H-1B statutes are lobbyist-written and carefully crafted to be misleading to the casual reader. The “prevailing wage” is one area where there has been great confusion; in particular H-1B wage levels. The H-1B wage or skill levels are entirely a bureaucratic creation that have no relation to the job market. The article published in the journal The Immigration Post, …
Unable to Depart US Due to Pandemic? Avoid Overstay!
Request “Satisfactory Departure” Were you admitted to the United States under the Visa Waiver Program (VWP)? —> There is no provision of law that would allow you to extend your stay. However, if you are unable to depart before their current period of admission expires due to exigent circumstances, there is an option to request relief in the form of …