Immigration Blog

Melsida Asatrian's picture

USCIS Releases New Edition of Form I-601A

On August 31, 2016, the USCIS announced that it released a new version of the Form I-601A, Application for Provisional Unlawful Presence Waiver. The new edition is dated 07/29/16. The USCIS will no longer accept previous editions of the Form I-601A, in part due to the new rules for provisional unlawful presence waivers.

Alexander J. Segal's picture

Donald Trump Makes News on Immigration in the 2016 Campaign

A wile stretch in the immigration debate was capped by Republican Presidential candidate Donald Trump holding an impromptu meeting and press conference with the President of Mexico before issuing a much anticipated speech on immigration policy. I look forward to sharing my detailed thoughts on the news on my blog over the next few weeks.

Alexander J. Segal's picture

BIA Reverses USCIS Policy Against Accepting Sibling-to-Sibling DNA Test Results

On March 29, 2016, the BIA issued a decision titled the Matter of Ruzku, 26 I&N Dec. 731 (BIA 2016). The BIA held that if sibling-to-sibling DNA test results reflect a 99.5% degree of certainty or higher that a full sibling biological relationship exists; the evidence should be accepted and considered to be probative.

Eliza Grinberg's picture

Department of Labor Announces Enhancement to iCERT System

On August 26, 2016, the DOL announced an enhancement to the iCERT system for the submission of applications for temporary labor certification for H2A and H2B positions. The iCERT system will now permit the submission of electronic documentation at the time of filing and while an H2A/H2B application is pending review.

See AILA Doc. No. 16082931 (8/29/16)

Alexander J. Segal's picture

USCIS Announces Guilty Plea in Immigration Conspiracy Involving Fraud in the H1B Program

On Aug 26, 2016, the USCIS announced that it assisted in the investigation that led to the guilty plea of a married couple for conspiracy to defraud the US and visa fraud (among other charges). The couple ran a conspiracy that fraudulently applied for more than 900 illegal immigration benefits under the H1B program.

Alexander J. Segal's picture

Forms for Which a Fee Waiver May be Available

Many United States Citizenship and Immigration Services (USCIS) forms must be accompanied by a required “filing fee,” when filed. If an applicant is required to pay the filing fee, the form will not be accepted without the fee. However, certain applicants may be eligible for what is called a “fee waiver.” Whether an applicant is eligible for a fee waiver will depend on the type of form being filed and whether the applicant can establish that he or she satisfies the terms of the regulations. In this article, we will go over the USCIS forms for which an applicant may seek and be granted a fee waiver, and special rules regarding fee waivers for those forms.

Melsida Asatrian's picture

DHS to Propose New Rule for Granting Parole to Certain Entrepreneurs

On August 24, the DHS provided advance notice of a new proposed rule to expand the use of its discretionary parole authority to offer parole on a case-by-case basis to entrepreneurs seeking to make significant investments in the USA. The authority would come from the DHS’s discretion to grant parole for “significant public benefit.”

Eliza Grinberg's picture

Recent Guilty Plea for False Representation of U.S. Citizenship on the Form I-9

On August 17, 2016, the ICE reported that a Kenyan national pled guilty in federal court to falsely representing himself as a U.S. citizen on an official federal form. The indictment alleged that he falsely and willfully represented himself as a U.S. citizen on the Form I-9. He faces up to 3 years imprisonment, up to a $250,000 fine, or both.

Alexander J. Segal's picture

USCIS Reminds Immigrants that it Never Requests Payments Over Phone or Email

USCIS is reminding people that it never asks for payments over the phone or email. The USCIS requests payments through letters on official stationary. If you receive a request for payment over the phone or email from someone representing him or herself to be from USCIS, it is a scam and can be reported to the FTC.

Alexander J. Segal's picture

USCIS Suggests AOS Applicants May Be Able to Use Filing Dates in Early FY-2017

The American Association of Immigration Lawyers (AILA) reported that in April of 2016, the USCIS indicated that adjustment of status applicants may again be able to use the Filing Date charts at the beginning of FY-2017 (beginning with the October 2016 Visa Bulletin). However, the USCIS was careful to note that this is not a certainty.

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