Immigration Blog

Eliza Grinberg's picture

DHS Inspector General Finds Persons Ordered Deported/Removed Were Improperly Granted Citizenship

On Sep. 19, the DHS Inspector General (IG) released a report that found that the USCIS improperly granted citizenship to at least 858 persons from “special interest countries” who had been previously ordered deported or removed under another name. The IG explained that the errors were the result of missing fingerprint records.

Alexander J. Segal's picture

October 2016 Visa Bulletin

On September 8, 2016, the Department of State (DOS) released the October 2016 Immigrant Visa Bulletin with application final action dates and dates for filing in the family-sponsored and employment-based immigrant visa preference categories. The October Visa Bulletin is significant in that it is the first Visa Bulletin of the new fiscal year (FY-2017), which comes with a new set of immigrant visa numbers. Subsequent to the release of the Visa Bulletin, the United States Citizenship and Immigration Services (USCIS) announced that adjustment of status applicants in both the family-sponsored and employment-based preference categories would be able to use the dates for filing in October of 2016.

Melsida Asatrian's picture

F1 Students Must Present New Form I-20 to Engage in CPT

The August-September 2016 edition of the USCIS E-Verify Connection newsletter included a reminder that in order to engage in curricular practical training, F1 students must present the redesigned Form I-20, Certificate of Eligibility for Nonimmigrant Student Status. F1 and M1 students have been required to use the new Form I-20 since July 1, 2016. 

Eliza Grinberg's picture

Average National Benefit Center Processing Dates (as of Jul. 31, 2016)

The National Benefits Center (NBC) released its average forms processing date information as of July 31, 2016.  

Alexander J. Segal's picture

CBP Apprehends 56 Undocumented Cuban Migrants in One Week

On Sep. 16, 2016, the CBP announced that it apprehended 56 undocumented Cuban migrants landing along South Florida’s coastline over the previous week. The Cuban nationals will be processed by the CBP and then be issued NTAs before an IJ for further proceedings under the Cuban Migration Agreement of 1995 and the Cuban Adjustment Act of 1966.

Melsida Asatrian's picture

Average EB5 Forms Processing Times (as of July 31, 2016)

On Sep. 15, 2016, the USCIS released its average processing times for three EB5 forms as of July 31, 2016.  The times are as follows:

  • Form I-526, Immigrant Petition by Alien Entrepreneur (17.1 months)
  • Form I-829, Petition by Entrepreneur to Remove Conditions (22 months)
  • Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program (11 months)
Alexander J. Segal's picture

EB5 Program Facing Expiration on September 30

On December 16 of last year, the EB5 immigrant investor program was extended for nine months as part of the omnibus appropriations bill. That extension lasts until September 30, 2016, and at the present moment, there are questions with regard to subsequent extensions for the EB5 immigrant investors program.

Eliza Grinberg's picture

Board Issues Precedent Decision in the Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016)

In the Matter of Ibarra, 26 I&N Dec. 809 (BIA 2016), the BIA held that INA aggravated felony provision for a “theft offense” in sec 101(a)(43)(G) includes extortionate takings. The Board found that a California statute for robbery by force or fear is categorically an aggravated felony theft offense under INA 101(a)(43)(G).

Alexander J. Segal's picture

Election Issues and Immigration Special: Both Candidates Should Provide Medical Records

Presidential candidates have an obligation to the voters to share information regarding their health. A candidate for President is not only asking the American people to entrust him or her with the heaviest responsibility of any elected official in the United States, but is also doing so of his or her own volition. Beyond the often discussed possibility that a President may die in office, information about a candidate’s health may raise more basic questions of his or her fitness to discharge the manifold duties of being President.

Melsida Asatrian's picture

USCIS Urges Prospective H2B Employers to Identify "Returning Workers" for Petitions With Employment Start Dates in FY-2017

In a news release from Sep. 13, 2016, the USCIS urged prospective H2B employers seeking to hire “returning workers” with employment start dates in FY-2017 to identify those workers and provide the H2B Returning Worker Certification. There is uncertainty as to whether Congress will reauthorize the returning worker provisions, set to expire on September 30, 2016.