U.S. Citizenship and Immigration Services has updated policy guidance relating to adjustment of status under the Cuban Adjustment Act (CAA), enacted in 1966 as a special avenue for Cuban refugees to adjust to lawful permanent resident status in the United States....
USCIS Policy Guidance Changes Definition of “Residing in the United States” for Purposes of Acquiring Citizenship
U.S. Citizenship and Immigration Service (USCIS) has issued policy guidance, effective October 29, 2019, and applicable prospectively to applications filed on or after that date, that defines "residence" and clarifies distinctions between U.S. residence and physical...
Ninth Circuit Dismisses Challenge to Denial of National Interest Waiver for Lack of Jurisdiction
Affirming the district court's dismissal for lack of subject-matter jurisdiction of an Iranian engineer's suit challenging the denial of his petition for a national interest waiver (NIW) related to his application for a work visa, a panel of the U.S. Court of Appeals...
USCIS Changes Direct Filing Addresses for Certain Nonimmigrant Worker Petitions
U.S. Citizenship and Immigration Services (USCIS) has changed the direct filing addresses for certain petitioners filing Form I-129, Petition for a Nonimmigrant Worker, as of September 1, 2019. USCIS said that starting October 1, 2019, "we may reject Forms I-129 that...
Continue to Use “Expiring” I-9 Form Until Further Notice, USCIS Says
U.S. Citizenship and Immigration Service (USCIS) has announced that until further notice, employers should continue using the Form I-9 (Employment Eligibility Verification) currently available on I-9 Central, even after the August 31, 2019 expiration date has passed....
Miller Mayer Immigration Attorney Stephen Yale-Loehr Quoted in Several Publications about the New Indefinite-Detention Rule and Trump’s Immigration Changes
NPR, "New Trump Policy Would Permit Indefinite Detention of Migrant Families, Children" "Federal courts have struck down almost every effort this administration has made to curtail the rights of immigrants. When will President Trump realize that immigrants in the U.S....
Controversial New Rule Allows Indefinite Detention of Minors, Families
The Departments of Homeland Security (DHS) and Health and Human Services announced a final rule, effective October 22, 2019, to terminate the Flores settlement agreement and "ensure the humane detention of families." Many advocates and others have expressed concern....
USCIS Issues Guidance on Discretionary Employment Authorization for Foreign Nationals Paroled Into the United States
U.S. Citizenship and Immigration Service (USCIS) recently issued policy guidance on its discretion to grant employment authorization to foreign nationals paroled into the United States, including those who are otherwise inadmissible. The agency noted that employment...
18 Attorneys General Challenge Sweeping Expansion of Expedited Removal
Eighteen attorneys general have filed an amicus brief challenging a new Department of Homeland Security expansion of expedited removal of undocumented immigrants. The new rule, released in July, allows for any undocumented immigrant who cannot show that he or she has...
New DOJ Interim Rule, Effective Immediately, Makes Significant Changes to EOIR
A new Department of Justice interim rule, effective August 26, 2019, and published on the same day, makes significant changes to several components of the Executive Office for Immigration Review (EOIR) and its lines of authority. Among other things, the interim rule:...
