Articles Posted in Unlawful presence

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Supreme Court Ruling Offers Silver Lining for Cancellation of Removal, the problem with Deficient NTAs

A recent Supreme Court decision may enhance the pool of individuals eligible for cancellation of their removal proceedings. Cancellation of removal is a form of relief granted to individuals unlawfully present in the United States, who have been physically present in the United States continuously for a period of no…

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This Week in Immigration News: Return of Unselected Petitions for H-1B Applicants, Important Information for Children Separated from Parents at the Border, and More

Return of Unselected Petitions for H-1B Applicants FY 2019 Begins H-1B applicants who were not selected in the H-1B visa lottery for fiscal year 2019 will begin to receive their rejected applications from the Vermont Service Center and California Service Center. Our office expects to receive returned packages within the…

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Trump’s Executive Order on Family Separation

On Wednesday June 20, 2018, President Donald Trump signed executive order, “Affording Congress an Opportunity to Address Family Separation,” in response to mounting outrage over the administration’s controversial policy of separating immigrant parents from their children at the border. The executive order clarifies that it will remain the policy of…

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Attorney General Delivers Controversial Opinion Rejecting Domestic Violence as a Valid Ground for Seeking Asylum

Today, Monday June 11, 2018, in an unprecedented move, the Trump administration announced that it would be dropping asylum protection for survivors of domestic violence. The announcement was made by Attorney General Jeff Sessions this afternoon in the case Matter of A-B- 27 I&N Dec. 316 (A.G. 2018), which explained…

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This Week in Immigration News: Re-Registration Period is Now Open for Hondurans with TPS, Redesigned Naturalization Certificates

TPS Updates: Re-Registration Period is Now Open for Hondurans with TPS Current beneficiaries of Temporary Protected Status (TPS) under the Honduras country designation, who wish to maintain their TPS benefits, such as ability to continue working in the United States through the official termination date of the TPS program on…

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USCIS Revises Accrual of Unlawful Presence for F, J, and M Non-immigrants

The United States Citizenship and Immigration Services (USCIS) has released a new policy memorandum that may soon change the way the accrual of unlawful presence is calculated for individuals currently in the United States on an F, J, or M non-immigrant visa type, as well as their dependents accompanying them…

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DHS Formally Announces Termination of TPS Designation for Honduras

Our fears have come true. On May 4, 2018, we reported that the Department of Homeland Security would be making an official announcement terminating the TPS designation for the country of Honduras. Shortly after our report, DHS published a formal announcement terminating the Temporary Protected Status (TPS) designation for Honduras,…

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Trump Administration Mounts Attack against TPS Program: Termination of TPS Designation for Honduras Expected

Temporary Protected Status has come under vigorous attack by the Trump administration. As previously reported, the Secretary of the Department of Homeland Security, appointed by President Trump has been instructed by the administration to scrutinize the TPS program closely to align with the President’s hard line stance on immigration. Within…

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While Congress stays silent, Federal Judges act to Keep DACA Alive

Federal Judge John Bates of the Federal District Court for the District of Columbia has spoken to protect Dreamers from deportation, where Congress has remained silent. In a Tuesday ruling, Judge Bates called the Department of Homeland Security’s decision to rescind the DACA program “arbitrary and capricious,” and with no…

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53 Arrested in Five-Day Immigration Raids Throughout San Diego County

The latest string of immigration raids have come very close to home. Last week, federal agents from Immigration and Customs Enforcement (ICE) took part in a five-day immigration sweep throughout San Diego County with the goal of apprehending and removing criminal immigrants at large. During the sweep 53 undocumented immigrants…

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