On September 11, 2017, the U.S. Department of State (DOS) released the Visa Bulletin for October 2017. The October 2017 Visa Bulletin is the first Visa Bulletin of Fiscal Year (FY) 2018. On September 15, 2017, the United States Citizenship and Immigration Services (USCIS) determined that family-sponsored adjustment of status applicants may rely on the dates for filing chart for October 2017, but that employment-based applicants must use the less generous final action date chart. The USCIS’s determination that employment-based adjustment of status applicants must use the final action dates is a shift from both October of FY 2015 and October of FY 2016, when employment-based applicants were permitted to use the dates for filing chart.
On September 5, 2017, acting Secretary of Homeland Security Elaine C. Duke rescinded the 2012 memorandum authorizing Deferred Action for Childhood Arrivals (DACA). We explain the reasoning behind the decision and its implementation in a full article. This is an archived article on the eligibility requirements for DACA prior to the rescission of the DACA memo. Please continue to follow our website for updates on the immigration situation for DACA beneficiaries.
On September 13, 2017, the United States Citizenship and Immigration Services (USCIS) issued a simple chart explaining what the rescission of DACA means for those who have DACA and those who were considering applying or in the process of applying on September 5, 2017. In this blog, we have reproduced the charts for your convenience.
The Supreme Court of the United States stayed a decision of the United States Court of Appeals for the Ninth Circuit regarding the injunction against the implementation of parts of President Donald Trump’s Executive Order 13780, colloquially known as the “travel ban.” On appeal from the United States District Court for the District of Hawaii, the Ninth Circuit had held that President Trump’s Executive Order 13780 could not be enforced against refugee applicants who are covered by a formal assurance by a refugee resettlement agency. The Supreme Court stayed this portion of the Ninth Circuit decision, meaning that refugees who are covered by such a formal assurance are not exempt from the suspension of refugee provisions pending further action by the Supreme Court. In short, this means that refugees with no connection to a person or entity in the United States other than to a refugee resettlement agency will be subject to Executive Order 13780. However, refugees with a connection to a different qualifying U.S. person or entity may be exempt subject to a case-specific inquiry.
On September 5, 2017, the Acting Secretary of Homeland Security, Elaine C. Duke, issued a memorandum rescinding the Deferred Action for Childhood Arrivals (DACA) program. In this article, we will examine the legal justification for the decision espoused in the recommendation of Attorney General Jeff Sessions that DACA is illegal. We will also examine an interesting note in Acting Secretary Duke’s memorandum rescinding DACA that appears to concede one of the points made by Texas in the litigation against the erstwhile Deferred Action for Parents of Americans (DAPA) program.
On September 5, 2017, the Acting Secretary of Homeland Security, Elaine C. Duke, issued a memorandum rescinding the 2012 Deferred Action for Childhood Arrivals (DACA) memorandum, but also providing for a six-month wind-down of DACA. In our full article on the rescission of DACA, we discuss the background of the decision and how it will be implemented. In this supplementary post, we will examine statements from President Donald Trump, Attorney General Jeff Sessions, and Acting Secretary Duke on the decision. We will also examine a statement from Texas Attorney General Ken Paxton, whose lawsuit prompted the Trump Administration to make its decision, and from two key congressional leaders on what may happen next. Finally, we will also examine the critical response of former President Barack Obama.
On July 31, 2017, the former Secretary of Homeland Security, John F. Kelly, left his position to become the White House Chief of Staff. Since then, Elaine C. Duke, who was serving as the Deputy Secretary of Homeland Security, has been serving as Acting Secretary of Homeland Security. On September 1, 2017, Andrew Restuccia and Eliana Johnson of Politico reported that President Donald Trump has not yet interviewed candidates for the position of Secretary of Homeland Security.
On August 30, 2017, the United States Citizenship and Immigration Services (USCIS) announced that it has approved the congressionally mandated annual limit of 10,000 U visa petitions for fiscal year 2017. While the USCIS cannot grant any more U visa petitions in September, the final month of fiscal year 2017, it stated that it will continue reviewing pending petitions for eligibility when more U visas become available starting on October 1, 2017 (the first month of fiscal year 2018).