Immigration Blog

Wendy Barlow's picture

New Citizenship Clause Case Involving American Samoa

On March 27, 2018, the Associated Press published an interesting report on a new lawsuit involving birthright citizenship. A group of plaintiffs led by John Fitisemanu, an American Samoan noncitizen national of the United States residing in Utah, filed suit in the United States District Court for the District of Utah arguing that American Samoans living in Utah derived citizenship at birth through the citizenship clause of the Fourteenth Amendment of the United States Constitution.

Alexander J. Segal's picture

Low Number of Refugees Admitted in First Half of FY 2018

On March 26, 2017, Stephen Dinan of The Washington Times reported that the Trump administration has resettled just over 10,000 refugees during the current fiscal year, which began on October 1, 2017. With the fiscal year half-over, this is on pace to be the lowest number of refugees resettled in any year since the current refugee resettlement system was established in 1980. The record lowest number of refugees resettled in any full fiscal year since 1980 is 27,070 in 2002.

Wendy Barlow's picture

Nielsen v. Preap: Supreme Court Grants Cert in New Mandatory Detention (236(c)) Case

On March 19, 2018, the Supreme Court of the United States granted certiorari in Nielsen v. Preap, Docket No. 16-1363. The case is on appeal by the Government from the decision of the United States Court of Appeals for the Ninth Circuit in Preap v. Johnson, 831 F.3d 1193 (9th Cir. 2016). The Supreme Court will consider whether an alien who has been released from criminal custody but who was then was not immediately taken into immigration custody by the Department of Homeland Security (DHS)is exempt from mandatory detention under section 236(c) of the Immigration and Nationality Act (INA). In this article, we will briefly examine the Ninth Circuit decision and what the Supreme Court’s decision to take the case may mean going forward.

Alexander J. Segal's picture

USCIS Publishes New Form I-864 P, HHS Poverty Guidelines for Affidavit of Support (03/01/18)

The United States Citizenship and Immigration Services (USCIS) released the new edition of the Form I-864P, HHS Poverty Guidelines for Affidavit of Support. The new edition of the Form I-864P is dated 03/01/18. The HHS poverty guidelines took effect for immigration purposes on that same day.

Eliza Grinberg's picture

Vietnam EB5 to Become Oversubscribed in April 2018

In the Visa Bulletin for April 2018, the U.S. Department of State (DOS) explained that the Vietnam Employment Fifth preference (EB5) category will become oversubscribed in May 2018. This will result in the establishment of a final action date for Vietnam EB5.

Alexander J. Segal's picture

Visa Bulletin for April 2018

On March 9, 2018, the U.S. Department of State (DOS) published the Visa Bulletin for April 2018. The April 2018 Visa Bulletin contains filing dates and final action dates for the family-sponsored and employment-based preference categories in April 2018. On March 13, 2018, the United States Citizenship and Immigration Services (USCIS) determined that those seeking adjustment of status in the family-sponsored preference categories must use the filing dates, whereas those seeking adjustment of status in the employment-based preference categories must use the final action dates. In this article, we will examine the relevant charts and news found in the April 2018 Visa Bulletin.

Eliza Grinberg's picture

U.S. Embassy in Mumbai to No Longer Process IR5, IR1, IR2, CR1, and CR2 Cases

Beginning on April 1, 2018, the U.S. Embassy in New Delhi will no longer process IR5, IR1, IR2, CR1, and CR2 cases. Interviews in these cases will now be scheduled at the U.S. Consulate General in Mumbai.

Wendy Barlow's picture

USCIS Launches Pilot Redesigned Processing Times Webpage

On March 22, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it had “launched a pilot to test a redesigned processing times webpage.” In this post, we will examine the pilot and how the USCIS plans to proceed going forward.

Alexander J. Segal's picture

USCIS to Begin Accepting CW1 Petitions on April 2, 2018

The United States Citizenship and Immigration Services (USCIS) issued a reminder that it will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW1) program subject to the fiscal year 2019 CW1 cap on April 2, 2018.

Eliza Grinberg's picture

Kevin McAleenan Confirmed as Commissioner of CBP

On March 19, 2019, the United States Senate confirmed Kevin McAleenan as the new Commissioner of the United States Customs and Border Protection (CBP) by a vote of 77-19. McAleenan had been serving as Acting Commissioner of the CBP since President Donald Trump took office on January 20, 2017. President Trump nominated McAleenan to become the permanent Commissioner of the CBP on March 30, 2017.

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