Archives: Permanent Residence

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U.S. May Eliminate Per-Country Caps on Employment Visas

A potentially significant bill eliminating the per-country caps on employment-based visas may become law. H.R. 392, Fairness for High-Skilled Immigrants Act, first introduced in 2017, had 300 co-sponsors. It is now championed by outgoing Representative Kevin Yoder (R-Kan.) as an amendment to the spending package that Congress likely will pass this year. The bill means … Continue Reading

USCIS Explains New Policy on Discretionary Application Denials

Beginning September 11, 2018, USCIS immigration officers will have more discretion to issue petition and application denials without first issuing Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs). On September 6, 2018, the Ombudsman’s Office provided further details on the new policy change. The following was noted: The new policy takes effect … Continue Reading

Administration Considering New Rule on Lawfully Present Immigrants Who Use Public Benefits?

The Trump Administration reportedly is considering a new rule that would make it easier for the government to deny visas to individuals on “public charge” grounds. This has drawn the criticism of many New York legislators. The Administration may have been contemplating the move for a while. In January 2017, when the first travel ban … Continue Reading

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 Neil Gorsuch … Continue Reading

Insights: AOS Interviews Begin

The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview. Although there is no formal guidance as yet, there have been some reports on what to expect. The Process … Continue Reading

State Department Replaces Rule for Inconsistent Conduct by Aliens

The Department of State has quietly revised guidance to Consular Officers on the “30/60 Day Rule” regarding adjustment of status applications. The Rule sets standards for determining whether an alien would be inadmissible for inconsistent conduct. It provides: If an alien engaged in inconsistent conduct within 30 days of an entry, a willful misrepresentation could … Continue Reading

Trump Announces Support for Senate Bill Curbing Legal Immigration

President Donald Trump has announced his support for a reduction in legal immigration to the United States, backing a modified version of the bill first introduced in April by Senators Tom Cotton (R-AR) and David Perdue (R-GA). Trump on August 2 said he embraced a new “merit-based” immigration system, which he contends will benefit American … Continue Reading

Fearing Rejection in U.S., Asylum Seekers Head to Canada

Canada will see a great deal more asylum applications this year as the Trump Administration shows signs of tightening U.S. asylum procedures. Asylum seekers to the U.S. face about a 50-50 chance of rejection if they receive an asylum hearing before an immigration judge, according to a 2016 DHS report to Congress. After President Donald … Continue Reading

Demand Pushes Back Dates for China, India EB Visas, Department of State Announces

While the Department of State’s Visa Control and Reporting Division had hoped it would not be necessary to include a cut-off date in the first preference category, that cut-off has come to pass. In its June 2017 Visa Bulletin, DOS states that, due to heightened demand, beginning on June 1, 2017, for both India and … Continue Reading
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