USCIS is increasing the maximum validity period to five years for initial and renewal Employment Authorization Documents (EADs) for certain categories of applicants, including noncitizens with pending adjustment of status applications. This is good news for employers and employees with long pending adjustments. The new policy applies to applicants with Form I-765 Applications for Employment
Deportation
States Lack Standing to Sue Over Immigration-Enforcement Guidelines, U.S. Supreme Court Rules
Texas did not have standing to challenge the Biden Administration’s policy priorities regarding removal of noncitizens, the U.S. Supreme Court has ruled. United States v. Texas, No. 22-58 (June 23, 2023).
In February 2021, recognizing that, of the more than 11 million removable noncitizens in the United States, the majority have become contributing…
How Links to Marijuana Industry Can Affect Foreign Nationals’ U.S. Immigration Status
Marijuana still is considered a Schedule I drug under the federal Controlled Substances Act. A conviction under the Controlled Substances Act can lead to severe consequences for a non-U.S. citizen.
Under U.S. immigration law, any non-U.S. citizen who is convicted under the Controlled Substances Act, even green card holders, who participate or make investments…
U.S. Supreme Court Limits Federal Court Review in Deportation Case
Federal courts could not review the U.S. Attorney General’s decisions denying discretionary relief from removal – even in a case where the alien contends that the decision was based on a factual error, the U.S. Supreme Court has held, 5-4, affirming the opinion of the U.S. Court of Appeals for the Eleventh Circuit. Patel v.
Noncitizen Bears Burden of Proof When Challenging Deportation, U.S. Supreme Court Rules
A noncitizen applying for relief from deportation bears the burden of proving all elements of eligibility for relief, including that a conviction under a divisible state statute does not render the person ineligible for relief, the U.S. Supreme Court has ruled in a 5-3 opinion (Justice Amy Coney Barrett did not participate). Pereida v. Wilkinson,…
U.S. Supreme Court: Immigration Act Unconstitutionally Vague on Removal for Aggravated Felony
The Immigration and Nationality Act provides that any alien convicted of an “aggravated felony” after entering the United States is subject to deportation. The Supreme Court has decided, 5-4, that the statute’s defining an aggravated felony as “a crime of violence” is unconstitutionally vague. Sessions v. Dimaya, No. 15–1498 (Apr. 17, 2018). Justice…