Immigration Blog

Alexander J. Segal's picture

Affirmative Asylum Scheduling Bulletin for September 2015

USCIS has posted the Affirmative Asylum Scheduling Bulletin for September of 2015. This bulletin displays which asylum applicants have had their interviews scheduled the past few months. The bulletin may give certain affirmative asylum applicants an idea of when an interview may be expected based upon their filing dates.

Alexander J. Segal's picture

Changes to the Visa Bulletin for Family-Sponsored and Employment-Based Immigrant Visas

United States Citizenship and Immigration Services (USCIS) and the Department of State (DOS) announced on September 10, 2015, new procedures for calculating the monthly Visa Bulletin which lists when family-sponsored and employment-based immigrant visa and adjustment of status applicants may file the Form I-485, Application to Register Permanent Residence and Adjust Status. These revised procedures derive from the 2014 executive actions on immigration announced by President Obama and Department of Homeland Security (DHS) Secretary Jeh Johnson.

Alexander J. Segal's picture

Inter-Proceeding Similarities May Support Adverse Credibility Determination Against Asylum Applicant

The Board of Immigration Appeals issued a precedent decision in Matter of R-K-K- 26 I&N Dec. 658 (BIA 2015), which instructed Immigration Judges on how they should evaluate inter-proceeding similarities in different asylum applications with regard to the applicant's credibility.

Alexander J. Segal's picture

Yemen is Now Designated for TPS

The Secretary of Homeland Security has announced his decision to designate Yemen for Temporary Protected Status (TPS) for 18 months. He has made this decision due to the ongoing conflict and resulting humanitarian emergency in Yemen that renders Yemen unable to safety handle the return of its nationals. Provided that they meet the eligibility requirements for TPS and apply within the registration period for Yemen, nationals of Yemen and aliens without nationality who last habitually resided in Yemen may be eligible for TPS.

Melsida Asatrian's picture

Stop-Time Rule After the Matter of Ordaz

An alien who has been placed in removal proceedings and has been living in the United States without legal status for a long time may be eligible for Non-LPR Cancellation of Removal pursuant to Immigration & Nationality Act (the “INA”) § 240A(b)(1). See INA § 240A(b)(1). To be eligible for Non-LPR Cancellation of Removal, the alien must establish, among other things, he/sheAnchor has been physically present in the U.S. for a continuous period of at least ten years immediately prior to filing an EOIR-42B, Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents with the Immigration Court.

Alexander J. Segal's picture

The Citizenship Clause Debate

Thanks in large part to the ongoing debates in the Republican Presidential primary, the concept of “birthright citizenship,” specifically that any person born on U.S. soil is a U.S. citizen from birth, has become a subject of much public debate. For my part, I think that the way the Fourteenth Amendment to the U.S. Constitution has been interpreted for the past 150 years is correct, and furthermore, I am unequivocally opposed to any attempts to change the way that birthright citizenship functions.

Alexander J. Segal's picture

New USCIS Guidance on L1B Adjudication

On August 17, 2015, USCIS released a new Policy Memorandum titled “L1B Adjudications Policy (PM-602-0111),” which builds upon previous agency guidance for adjudicating L1B Intracompany Transferee Visa petitions, especially with regard that the beneficiary possess “specialized knowledge” in order to be eligible.

Alexander J. Segal's picture

Rule on Extra Optional Practical Training for F1 Students with STEM Degrees is Vacated

In a decision with major ramifications for certain F1 students with STEM degrees who are engaging in optional practical training [OPT], the United States District Court for the District of Columbia held in a memorandum opinion in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, decided on August 12, 2015, that a 2008 Department of Homeland Security [DHS] rule extending the length of OPT for certain STEM students is invalid because DHS enacted this new rule without first serving notice and providing an opportunity for public comment.

Alexander J. Segal's picture

The Many Problems of E-Verify

I recently came across a terrific paper that I would like to share with you courtesy of the Cato Institute, “Checking E-Verify: The Costs and Consequences of a National Worker Screening Mandate,” by Alex Nowrasteh and Jim Harper. The article uses ample facts, figures, and other evidence from seeing E-Verify in practice to argue a point with which I agree wholeheartedly: E-Verify is a terrible system.

Alexander J. Segal's picture

New Rules for Work Experience for Special Religious Workers

In a decision issued by the U.S. Court of Appeals for the Third Circuit in Shalom Pentecostal Church v. Acting Secretary DHS, 783 F.3d 156 (3d Cir. 2015), held that United States Citizenship and Immigration Services (USCIS) had exceeded its authority in enacting regulations found in 8 C.F.R. sections 204.5(m)(4) and (11). In response, USCIS released an important policy memorandum on July 5, 2015, titled Qualifying U.S. Work Experience for Special Immigrant Religious Workers. The judicial holding, in conjunction with the memorandum to make USCIS regulations consistent with the Shalom Pentecostal Church decision, make it easier for many of those hoping to gain classification as special immigrant religious workers to meet the work requirements in order to qualify.