The DHS provided advance notice of its new rule expanding provisional stateside unlawful presence waivers. Previously, only the beneficiaries of approved immediate relative petitions could be eligible for a provisional unlawful presence waiver. In the new rule, slated for publication on July 29, 2016, all persons who are statutorily eligible for an unlawful presence waiver may seek a provisional unlawful presence waiver, provided they meet the conditions in the new rules.
The Obama Administration reached an agreement with Costa Rica where Costa Rica will host 200 persons from Honduras, El Salvador, and Guatemala every six months in order for their eligibility for refugee status to be assessed. This is in response to the influx of people from these countries fleeing violence and seeking asylum in the USA.
Beginning on August 21, 2016, USCIS announced that E-Verify users will be able to use a self-service feature to unlock their own user IDs. Users will be able to unlock their IDs by answering security questions used to create their accounts. Under new guidelines, USCIS is required to lock any account that has not been accessed within 270 days.
The DOS has released the August 2016 Visa Bulletin. The USCIS has determined that the Application Final Action Dates must be used instead of the Filing Dates. The Visa Bulletin shows when the beneficiary of an approved IV petition may file for AOS. The Final Action dates can be found on the USCIS website.
On August 1, 2016, the United States Citizenship and Immigration Services (USCIS) will begin deactivating E-Verify user IDs that have not been accessed for at least 270 days. E-Verify users should determine if E-Verify access is still required for all user IDs and ensure that they log in once every 270 days.
The USCIS is now accepting applications for benefits under the Filipino World War II Veterans Parole Program. The FWVP will allow the beneficiaries of family-sponsored petitions by certain Filipinio WWII veterans to be paroled into the United States while waiting for an immigrant visa number to become available.
Depending on the nonimmigrant visa category and the country from which a nonimmigrant visa renewal is sought, certain applicants may be eligible to renew recently expired nonimmigrant visas without a visa interview. We will post a Russian-language article about Russia-specific interview waivers in the near future.
The Supreme Court issued a number of opinions in ending its October 2015 term. In addition to the Court upholding an injunction against the DAPA program, it issued several decisions that may have an effect on removal and deportation defense. The Court also agreed to hear a case regarding gender-based distinctions in laws regarding the U.S. acquisition of citizenship at birth.
An equally divided Supreme Court affirmed the judgment of the Fifth Circuit in upholding a district court injunction against the implementation of President Obama’s DAPA program. This most likely means that DAPA will not be implemented during the final months of President Barack Obama's term in office.
In Voisine v. United States, 579 U.S. __ (2016), the Supreme Court held that a conviction for a misdemeanor crime of domestic violence prohibits possession of a firearm. Courts may interpret the decision to broaden the definition of a “crime of violence,” which would have an effect in the immigration context.
