DACA Program Could Resume by End of August
After almost a year since the current presidential administration began its attack on the DACA program, the U.S. District Court for the District of Columbia has provided some good news. A ruling was made on August 3, 2018, which reaffirmed the court’s decision on April 24, 2018 stating that the government’s decision to rescind DACA was unlawful. If this ruling stands, the government would be expected to fully restart the DACA program, offering benefits to new applicants along with renewals. At the moment, the court’s decision is on hold for 20 days, pending appeals from the government. While it remains to be seen whether this ruling will face pushback from the administration, it represents the latest legal blow against the administration’s actions seeking to limit immigration.
Reminder: Major Changes to Unlawful Presence Policy Began August 9
USCIS (United States Citizenship and Immigration Services) has now implemented the new policy memorandum initially announced in May that will begin changing the way foreign students and exchange visitors accrue unlawful presence, which is how the U.S. defines the time an individual spends in the country after his or her period of authorized stay has ended. Previously, accrual of unlawful presence would begin after an immigration judge or officer had found that a status violation occurred, or after the last day of admission when a length of time was specified. Now, the individual will begin accruing unlawful presence the day after an event determined to be a violation of status occurred. Unlawful presence can come with major consequences. If an individual is unlawfully present in the United States for more than 180 days, but less than one year, he or she is barred from re-entering the United States for three years. If an individual is unlawfully present for over one year, he or she is barred for ten years. The new policy will also apply to dependents of F, J, or M visa holders, in that if it is determined the F-1 student has violated status, the F-2 dependent would also be considered unlawfully present for the same duration of time.
Overall, this is a harsh and punitive policy that will have major repercussions on our nonimmigrant student and exchange visitor population. If found to be “unlawfully present,” possible consequences include revocation of status, inability to apply for permanent residence, and being barred from the United States. If you have any questions on whether this new policy will affect you, please do not hesitate to contact our office. The update from USCIS can be found HERE, and the policy memorandum itself can be found HERE.
UPDATE: New NTA Guidance Postponed
After announcing new guidance just last month in connection with the issuance of NTAs, USCIS has now announced that the implementation of this harmful new policy would be postponed “until operational guidance is issued.” The initial NTA memo was put forward on June 28, 2018, and asked USCIS to finalize its operational guidance within 30 days. For now, this guidance has not been finalized, and the implementation of the NTA memo has been delayed. While this is good news, it is still likely that this policy will eventually go forward. We will continue to provide updates on this situation, as they are available.
Possible Changes to Green Card and Citizenship Processes Being Discussed
The current administration has been discussing significant changes to the green card and citizenship processes. These changes would make it more difficult for legal immigrants to obtain citizenship or green cards. The administration seeks to limit the opportunities of those who have used a variety of public welfare programs, such as Obamacare, children’s health insurance, and food stamps. Individuals applying for green cards or citizenship who have benefitted from these programs could be prevented from obtaining legal status in the United States. It is expected that the administration will issue its proposal in the next few weeks. The change would not need congressional approval to be enacted. If implemented, many would consider this the largest change to the immigration system in decades. It is estimated that more than 20 million immigrants could be affected.
This change would have far-reaching effects on immigration in the United States. It would fall heaviest on immigrants working jobs that do not pay enough to support their families, thus causing them to take advantage of public programs. It was first reported that the White House was considering this action in February. Immigration attorneys are prepared to push back hard against this change, as forcing immigrants to choose between a denial and food or health care would create major internal problems for individuals and communities. Unfortunately, the current administration continues to promote anti-immigrant policies.
USCIS Puts Forward Restrictions on Asylum Policy
On July 11, 2018, USCIS released a policy memorandum issuing new guidance on the adjudication of asylum claims. This policy will impose major restrictions on individuals seeking to obtain asylum or to claim refugee status in the United States. It will also allow for the deportation of bona fide asylum seekers. The memo has provided asylum officers with instructions to deny the majority of asylum claims based on domestic violence and gang-based persecution. More information about this policy can be found HERE.
DOS Releases September Visa Bulletin
The Visa Bulleting includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The DOS Visa Bulletin for September 2018 is available HERE. Please note that there has been retrogression in the EB-1, 2, and 3 preference categories for employment-based cases. For the EB-1 preference category: “Limited, if any forward movement can be expected prior to December,” according to the September Visa Bulletin. For the EB-2, 3, and Other Workers preference categories, it is expected that the “final action dates will be returned to those established for August” as of October, the first month of the 2019 fiscal year, according to the September Visa Bulletin.
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