Show notes
Reviewing Major Immigration Law & Action Events in 2019 w/ Attorneys Nicholas Mireles and John Khosravi Show Notes: CBP CBP Refusing to Review L-1 Renewal Petitions at the Canadian Border USCIS and CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants (https://www.uscis.gov/news/alerts/uscis-and-cbp-extend-form-i-129-pilot-program-canadian-l-1-nonimmigrants-0) How biometric data-sharing with U.S. is barring Mexican workers from Canada (https://www.cbc.ca/news/canada/nova-scotia/temporary-foreign-workers-mexico-maritime-seafood-plants-1.5120724) Rampant migrant illnesses force U.S. Border Patrol to seek help, change procedures (https://www.usatoday.com/story/news/2018/12/31/migrant-illnesses-run-rampant-forcing-u-s-border-patrol-seek-help/2454759002/) Trump ordered 15,000 new border and immigration officers — but got thousands of vacancies instead (https://www.latimes.com/politics/la-na-pol-border-patrol-hiring-20190126-story.html) CBP Announces Change in I-94 Permit Application Process for Travelers at Tecate Port of Entry (https://www.cbp.gov/newsroom/local-media-release/cbp-announces-change-i-94-permit-application-process-travelers-tecate) The Pentagon will deploy another 3,750 troops to Mexican border (https://www.cnbc.com/2019/02/03/the-pentagon-will-deploy-another-3750-us-troops-to-mexican-border.html) Federal judge blocks use of billions of dollars in Pentagon funds to build border wall DROPPED: S. Homeland Security proposes face scans for all citizens leaving or entering airports (https://www.dailymail.co.uk/news/article-7749035/U-S-homeland-security-proposes-face-scans-U-S-citizens.html) S. doubles number of 5-year bans on travellers from Canada (https://www.cbc.ca/amp/1.5381653?__vfz=medium%3Dsharebar&__twitter_impression=true) USCIS Issues Guidance on Adjustment of Status by Aliens Whose Conditional Permanent Residence Has Been Terminated (https://www.uscis.gov/news/alerts/uscis-issues-guidance-adjustment-status-aliens-whose-conditional-permanent-residence-has-been-terminated) Some DHS/USCIS Proposed Fee Increases: I-129(L): $815 (from $460) I-129(O): $715 (from $460) I-131A: $1,010 (from $575) I-193: $2,790 (from $585) I-485 Combo: $2,195 (from $1,225) I-601A: $906 (from $630) I-929: $1,515 (from $230) N-335: $1,755 (from $700) N-400: $1,170 (from $640) Acting Secretary McAleenan Announces End to Widespread Catch and Release (https://www.dhs.gov/news/2019/09/23/acting-secretary-mcaleenan-announces-end-widespread-catch-and-release) Nine Chinese Arizona State University students are detained and denied entry into US (IRAN too) (https://www.dailymail.co.uk/news/article-7431883/Nine-Chinese-Arizona-State-University-students-detained-denied-entry-US.html) CBP Clarifies ID Check Policy on Planes (https://www.usnews.com/news/national-news/articles/2019-07-11/cbp-clarifies-id-check-policy-on-planes) CBP's Airport Facial Recognition Program (https://www.nextgov.com/emerging-tech/2019/05/cbps-airport-facial-recognition-not-surveillance-program/157373/) British marketing manager visiting girlfriend in Chicago is locked up for 24 hours, deported then banned from US for life after immigration officials scour his phone and find month-old text saying 'I am moving to be with you' (https://www.dailymail.co.uk/news/article-7048611/British-marketing-manager-visiting-girlfriend-deported-life-moving-text.html) More lawyers, reporter stopped and questioned at border by U.S. officials (nbcnews.com/news/amp/ncna984256) USCIS Public Charge: Federal Judge Enjoins DHS's Public Charge Rule and Required Use of Related(https://www.natlawreview.com/article/federal-judge-enjoins-dhs-s-public-charge-rule-and-required-use-related-forms) Increased Litigation for Denials and Delays on Naturalization Applications (https://trac.syr.edu/tracreports/civil/544/) Revealed: Thousands of requests by men to bring child brides as young as 14 into United States were approved over the past decade (https://www.dailymail.co.uk/news/article-6581069/US-approved-thousands-child-bride-requests.html) USCIS Implements Two Decisions from the Attorney General on Good Moral Character Determinations (https://www.uscis.gov/news/news-releases/uscis-implements-two-decisions-attorney-general-good-moral-character-determinations) Naturalized Citizens face potential deportation due to family members activities https://amp.theguardian.com/us-news/2019/nov/30/trump-immigration-citizenship-green-cards-face-deportation?CMP=Share_iOSApp_Other&__twitter_impression=true F-1: Federal Court Enjoins Aug. 2018 USCIS 'Unlawful Presence' Policy Memo: Guilford College v. USCIS (https://www.lexisnexis.com/legalnewsroom/immigration/b/insidenews/posts/federal-court-enjoins-aug-2018-uscis-unlawful-presence-policy-memo-guilford-college-v-uscis) International Student Enrollment Drops for Second Year, Report Says (https://www.wsj.com/articles/international-student-enrollment-drops-for-second-year-report-says-11549515660) How to Respond to Social Security No-Match Letters (https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/how-to-respond-to-social-security-no-match-letters.aspx?) Public Charge: 4th Cir. drops Public Charge Injunction. Just 2nd Cir. Left USCIS Expands Guidance Related to Naturalization Requirement of Good Moral Character (https://www.uscis.gov/news/news-releases/uscis-expands-guidance-related-naturalization-requirement-good-moral-character?utm_source=rss-feed&utm_campaign=News%20Releases USCIS Announces Implementation of Electronic H-1B Registration Process Department of Labor On Steroids: Minimum Wage for H‑2A Farm Workers Now Raised On Average to 57% Higher Than State Minimum Wage Rates Employers Have Paid $5 Billion In H-1B Visa Fees Since 1999 (https://www.forbes.com/sites/stuartanderson/2019/04/01/employers-have-paid-5-billion-in-h-1b-visa-fees-since-1999/amp/) IT Consulting Industry Hardest Hit by Jump in H-1B Denials (https://news.bloomberglaw.com/daily-labor-report/it-consulting-industry-hardest-hit-by-jump-in-h-1b-visa-denials) Homeland Security Faces Suit Over H1B Visa Delay (https://news.bloomberglaw.com/daily-labor-report/homeland-security-faces-suit-over-h1b-visa-delay) Asylum and I-918 Form Issue USCIS Proposes More Effective and Efficient Processing of Work Authorization Requests for Asylum Applicants (no more 30-day): (https://www.uscis.gov/news/news-releases/uscis-proposes-more-effective-and-efficient-processing-work-authorization-requests-asylum-applicants?utm_source=rss-feed&utm_campaign=News%20Release) USCIS to Deter Frivolous or Fraudulent Asylum Seekers from Obtaining Work Authorizations (https://www.uscis.gov/news/news-releases/uscis-deter-frivolous-or-fraudulent-asylum-seekers-obtaining-work-authorizations?utm_source=rss-feed&utm_campaign=News%20Releases) US immigration using Google Translate to process social media posts of refugee applicants (https://www.independent.co.uk/news/world/americas/us-immigration-refugee-google-translate-asylum-migrants-facebook-twitter-a9123941.html) DHS Fake Social Media Account to Monitor Your Activity (https://www.am22tech.com/dhs-fake-social-media-account-to-monitor-your-activity/) USCIS To Bar Attys From Migrants Before Removal To Mexico (https://www.law360.com/immigration/articles/1123004/uscis-to-bar-attys-from-migrants-before-removal-to-mexico?nl_pk=3d58be1d-130f-45ab-8328-a9ad142de766&utm_source=newsletter&utm_medium=email&utm_campaign=immigration The US let in ZERO refugees last month for the first time since records began (https://www.dailymail.co.uk/news/article-7680347/The-let-ZERO-refugees-month-time-records-began.html) Matter of H-G-G-, Adopted Decision on TPS (https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2019/Matter_of_H-G-G-_Adopted_Decision_2019-01_AAO_July_31_2019.pdf) USCIS Updates Fee Payment System Used in Field Offices (https://www.uscis.gov/news/news-releases/uscis-updates-fee-payment-system-used-field-offices) USCIS Now Accepting Copies of Negative P Visa Consultations Directly from Labor Unions (https://www.uscis.gov/news/alerts/uscis-now-accepting-copies-negative-p-visa-consultations-directly-labor-unions) USCIS to Close the Moscow Field Office EB-5 Price Hike USCIS workers already dealing with immigration paperwork backlog got asked to volunteer for ICE (https://m.dailykos.com/stories/2019/7/18/1872792/-USCIS-workers-already-dealing-with-immigration-paperwork-backlog-got-asked-to-volunteer-for-ICE) Fee hikes going to ICE Alert: D.O.L. Phasing Out iCert DOL Changing methodology for certifying U and T visas (https://news.bloomberglaw.com/daily-labor-report/trump-wage-chief-adds-visa-hurdles-for-trafficking-victims) F-2a Filing Chart USCIS Clarifies Position on the 90-day rule (8 USCIS-PM J.3 - Chapter 3 - Adjudicating Inadmissibility) "Although referred to by DOS as a "rule" in its Foreign Affairs Manual (FAM), the 90-day rule is not a regulation. It is DOS guidance to its officers, and as such, the 90-day rule is not binding on USCIS officers. However, USCIS officers must examine all of the factors in an applicant's case. After such review, USCIS officers may find that an applicant made a willful misrepresentation, especially if the violation or inconsistent conduct occurred shortly after the consular interview or admission to the United States." https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3#footnotelink-8 Consular/Department of State DOS Adds Social Media Handle Questionnaire to Visa Applications Trump's travel ban has blocked more than 30,000 people from entering US, State Dept official says (https://www.foxnews.com/politics/trump-travel-ban-30000-people-blocked-muslim-state-department) New System make it somewhat smoother US Diversity Visa Applicants Suffer "Passport" Requirement Rule (https://frontpageafricaonline.com/news/liberia-us-diversity-visa-applicants-suffer-passport-requirement-rule/) American-Born Woman Who Joined ISIS Is Not a Citizen, Judge Rules (https://www.nytimes.com/2019/11/14/us/hoda-muthana-isis-citizenship.html) 20 charged in California in crackdown on 'birth tourism' for expectant mothers from China (http://usatoday.com/story/news/nation/2019/01/31/feds-crack-down-birth-tourism-expectant-mothers-china/2734788002/) Judge rules both twin sons of gay couple are Americans after one was denied citizenship following birth to a surrogate in Canada (https://www.dailymail.co.uk/news/article-6732473/Judge-grants-citizenship-twin-son-gay-couple.html) Federal court orders State Department to issue the country's first nonbinary passport https://thinkprogress.org/federal-court-nonbinary-intersex-passport-gender-marker-7ad1abce4e65/ US orders non-essential government staff to leave Iraq immediately amid escalating tensions with Iran (https://www.dailymail.co.uk/news/article-7031269/US-orders-non-essential-government-staff-leave-Iraq-amid-escalating-tensions-Iran.html) Security Alert: U.S. Embassy Caracas, Venezuela (January 24, 2019) - Emergency Services Only (https://ve.usembassy.gov/security-alert-u-s-embassy-caracas-venezuela-january-24-2019/) White House: No TPS Asylum Relief for Venezuelans (https://www.breitbart.com/politics/2019/03/13/white-house-no-tps-asylum-for-venezuelans/) United States changes its B2 visa policy for Cuban citizens (https://www.miamiherald.com/news/nation-world/world/americas/cuba/article228009679.html) E Visa for New Zealand and Israel started Reciprocity Changes: UAE $1,125 (F-1) Australia hike, other France: Gone down in time Israel Visa Reciprocity Update (Length of Stay) L-1/L-2: 48 months (from 60) E-1 (not E-2): 52 months (from 60) FAM Update for 90 Day Rule (https://fam.state.gov/FAM/09FAM/09FAM030209.html (U) Activities that May Indicate A Possible Violation of Status or Conduct Inconsistent with Status (1) (U) In General: (a) (U) In determining whether a misrepresentation has been made, some questions may arise from cases involving aliens in the United States who have performed activities that are inconsistent with representations they made to consular officers or DHS officers when applying for admission to the United States, for a visa, or for another immigration benefit. Such cases occur most frequently with respect to aliens who, after being admitted to the United States, engage in activities for which a change of status or an adjustment of status would be required, without the benefit of such a change or adjustment of status. (b) (U) The fact that an alien's subsequent actions are inconsistent with what was represented at the time of visa application, admission to the United States, or in a filing for another type of benefit does not automatically mean that the alien's intentions were misrepresented at the time of either the visa application or application for admission to the United States. To conclude there was a misrepresentation, you must make a finding that there is direct or circumstantial evidence sufficient to meet the "reason to believe" standard, which requires more than mere suspicion and is akin to probable cause. See In re Jose Manuel Isabel Diaz (BIA Dec. 30, 2013). If the activities happened within 90 days after the visa application and/or application for admission to the United States (typically you are looking at activities after entry into the United States), please see paragraph (2) below regarding the 90 day rule. (c) Unavailable (2) (U) Inconsistent Conduct Within 90 Days of Admission to the United States: (a) (U) If an alien engages in conduct inconsistent with his or her nonimmigrant status within 90 days of visa application or admission to the United States, as described in subparagraph (2)(b) below, you may presume that the applicant made a willful misrepresentation (i.e., you may presume that the applicant's representations about engaging in only status-compliant activity were willful misrepresentations of his or her true intentions in seeking a visa or admission to the United States). You must provide the applicant with the opportunity to rebut the presumption of misrepresentation by verbally presenting the applicant with your factual findings as to why you believe he is ineligible 6C1. (b) (U) Inconsistent Conduct: For purposes of applying the 90-day rule, conduct that violates or is otherwise inconsistent with an alien's nonimmigrant status depends on the nonimmigrant status the applicant has/had and the activities of the applicant in such status, including, but not limited to: (i) (U) Engaging in unauthorized employment on B1/B2 nonimmigrant status. (Note: Certain activities may not constitute unauthorized employment, such as those permissible under 9 FAM 402.2-5(E), and you should clarify an applicant's employment activities when make a 6C1 finding under the 90 day rule); (ii) (U) Enrolling in a course of study, if such study is not authorized for that nonimmigrant classification (e.g., B1/B2 status); (iii) (U) A nonimmigrant in B status, marrying a United States citizen or lawful permanent resident and taking up residence in the United States. (Note: to establish that an applicant took up residence in the United States before/after marrying a U.S. citizen or LPR, post may take into account whether the applicant signed a long-term lease or obtained a mortgage, bills in the applicant's name, whether the applicant obtained a local driver's license, and any other evidence that may support a finding that the applicant took up residence in the United States); or (iv) (U) Undertaking any other activity for which a change of status (NIV to NIV) or an adjustment of status (NIV to IV) would be required, without the benefit of such a change or adjustment. (Note: Simply filing for a change of status or adjustment of status is not in itself sufficient to support a presumption of misrepresentation under the 90 day rule; the alien must also engage in conduct inconsistent w…
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