On March 1, 2021, USCIS will be returning to the 2008 version of the naturalization civics test. This change is a response to President Joe Biden’s Executive Order, “Restoring Faith in Our Legal Immigration System,” that directed a review of the naturalization process to eliminate barriers to the process. Individuals who file naturalization applications
Citizenship
Immigration Reform Bill
The United States Citizenship Act was introduced on February 18, 2021. Sponsored in the House by Representative Linda Sanchez (D-Calif) and in the Senate by Senator Bob Menendez (D-N.J.), the bill calls for broad immigration reform, including creating paths to citizenship for undocumented immigrants, expanding the number of available visas, and creating more access for…
DED for Venezuelans; TPS Next?
By Forrest G. Read IV on
Posted in Biden Administration, Citizenship, DED, EADs, Legislation, TPS, Trump Administration, USCIS
On January 19, 2021, just before the end of his term, President Donald Trump issued a memorandum granting Deferred Enforced Departure (DED) for certain Venezuelans for a period of eighteen months. DED is a humanitarian grant of protection for individuals who cannot return to their home country. DED beneficiaries are not subject to removal…
Biden Directs Review of Immigration Policies, Seeks to Reduce Unnecessary Barriers
By Michael H. Neifach, Amy L. Peck & Otieno B. Ombok on
Posted in Asylum / Refugee, Biden Administration, Citizenship, DAPA / DACA, DED, EADs, Executive Orders, H-1B, H-4, PERM, TPS, Travel Ban, Trump Administration, USCIS
On the same day his nominee for Secretary of the Department of Homeland Security (DHS), Alejandro Mayorkas, was confirmed, President Joe Biden signed several Executive Orders regarding immigration, including one that directs complete review of policies.
The first, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New…
DHS to Propose Expansion of Biometrics Collection
On September 11, 2020, the Department of Homeland Security (DHS) will release a new regulation for notice-and-comment that proposes to expand the collection of biometric data and give DHS increased flexibility to deal with emerging needs. Here are a few highlights from the draft 328-page rule.
- Unless waived by DHS, any applicant, petitioner, sponsor,
…
USCIS Fee Increases Challenged; New Forms Expected
By Aimee Guthat on
Advocacy groups have filed suits challenging the USCIS fee increases scheduled to take effect on October 2, 2020.
The fee increases are not equal across the board. Certain types of business immigration petitions have been targeted for large percentage fee increases: 51% for TNs and E visas, 75% for L petitions, and 53% for O…
USCIS Furloughs Delayed to October
By Amy L. Peck & Michael H. Neifach on
USCIS has announced that, due to an “unprecedented” increase in revenues, the source of which is unclear, it would not go forward with the furloughs previously scheduled for August 30, 2020 – at least not until the end of the fiscal year (October 1, 2020).
The USCIS Deputy Director for Policy, Joseph Edlow, stated this…
New Filing Fees Effective October 2
By Maggie Murphy on
Posted in Citizenship, COVID-19, DAPA / DACA, EADs, H-1B, H-2A, H-2B, L-1A / L-1B, O-1, Temporary (Non-immigrant) Work Visas, TN / NAFTA, Trump Administration, USCIS
New USCIS filing fees will go into effect on October 2, 2020, under a new final rule published by the Department of Homeland Security (DHS) in the Federal Register on August 3, 2020. This rule raises fees by a weighted average of 20% and changes the current fee structure to impose specific fees per…
Trump Administration Seeks to Crack Down on “Birth Tourism”
The Trump Administration is turning its attention to birth tourism again. President Trump was reportedly considering trying to end the practice with an executive order or by way of a constitutional challenge. But accomplishing the goal through regulation has been on the Department of State’s (DOS) agenda. DOS published a final rule on January…
American Samoans are U.S. Citizens by Birth, Judge Rules
By Sean G. Hanagan on
The federal government’s practice of designating individuals born in American Samoa as “noncitizen nationals” is unconstitutional, U.S. District Judge Clark Waddoups has ruled. Fitisemanu et al. v. U.S., No. 1:18-cv-00036-CW (D. Utah Dec. 12, 2019). Judge Waddoups has directed the government to recognize the citizenship of individuals born in American Samoa.
U.S. Citizenship can…