On October 3, 2018, a U.S. District Judge granted a preliminary injunction preventing the government from terminating Temporary Protected Status (TPS) for individuals from Sudan, El Salvador, Haiti, and Nicaragua.All four of these countries had been set to lose TPS over the next year, with Sudan’s set to end next month. The Judge’s order, effective immediately, asserts that the government must maintain TPS and employment authorization for TPS beneficiaries while the Ramos v. Nielsen lawsuit, challenging the government’s decision to end TPS, continues. The ruling, and TPS for these countries, stand as we await the final ruling. See USCIS’s announcement here. If you would like to discuss how this development affects your immigration options, please contact our office.
The U.S. Department of State has released information on how to apply for the 2020 Diversity Immigrant Visa Program, which can be found here. Applications can be made between noon (EDT) Wednesday, October 3, 2018 and noon (EDT) Tuesday, November 6, 2018. Applicants are encouraged to apply as early as possible, as heavy demand toward the end of the application period may result in website delays and possible rejection of the application. This is an online application process only. No applications are accepted by mail.Natives of Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam are NOT eligible to apply for DV-2019 because more than 50,000 natives of these countries have immigrated to the United States in the past five years. Those who apply will be able to check their status at https://dvlottery.state.gov starting May 1, 2019.
If you are eligible for the DV lottery, we recommend you apply. While only 50,000 visas are issued, if you are selected it’s a great way to immigrant to the United States.
Many have worried about the implementation of the new United States Citizenship and Immigration Services (USCIS) policy regarding issuing Notices to Appear for those whose cases have been denied. We have some new guidance.USCIS announced it would begin now to implement the policy memo, which was originally released on June 28, 2018. A Notice to Appear (NTA) is a document that instructs individuals to appear before an immigration judge, which is the first step of removal/deportation proceedings.
USCIS stated that they will send applicants denial letters with adequate notice. If the applicant is no longer in status and they do not depart the United States, they will also receive a Notice to Appear. Generally, the NTA will not be issued immediately, but rather USCIS will wait for the expiration of the motion or appeal period.
It is important to note that this memo does not currently apply to employment-based petitions and humanitarian applications. However, the memo does impact cases, including but not limited to, applications made on Form I-485, Application to Register Permanent Residence or Adjust Status, or Form I-539, Application to Change/Extend Nonimmigrant Status.
The Visa Bulletin includes “Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. The October bulletin is the first of the new fiscal year and typically features advancements in visa categories. The employment-based second and third preference categories have become “current” again for all countries except China and India, and there has been substantial advancement in the first preference category. Notably as well, individuals filing employment-based adjustment of status applications in October may do so based on the more generous DOS “Dates for Filing” chart as opposed to the “Final Action Dates” chart. The DOS Visa Bulletin for October 2018 is available at:https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-october-2018.html
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