Insight, News, and Strategy on Immigration Matters Around the World
President Donald Trump has introduced the broad outlines of his proposal for immigration reform. The “merit and heart system” focuses on security and establishing a more fully merit-based system for permanent residence (“green card”) status.
What do we know about the proposal so far?
In terms of security, it includes:
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Long USCIS processing delays are now the norm for all types of immigration cases. Indeed, the delays have reached crisis levels. Processing times increased by 46% over the past two fiscal years and 91% since FY 2014.
In fact, even though applications declined by 17% in FY 2018, processing times continued to rise. In…
Prior to the government shutdown, it seemed that the Fairness for High-Skilled Immigrants Act might pass as an amendment to the spending package with strong bipartisan support. But that was not to be. Now members of the U.S. House and Senate, led by Representative Zoe Lofgren (D-CA) and Senator Kamala Harris (D-CA), have again…
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…
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:
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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…
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…
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…
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:
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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…
