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.
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.
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.
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.
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.”
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.
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.
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.
The USCIS set a target for 2016 to hold 100 naturalization ceremonies at national parks to commemorate the 100th anniversary of the National Park Service (NPS). On August 25, the USCIS will mark the date of the 100th anniversary of the NPS by holding 16 naturalization ceremonies at national parks for 450 new U.S. citizens.
On June 1, 2016, the USCIS announced that it expanded the capabilities of the virtual assistant (“Emma”) on its website to be able to help users find information on the Spanish-language version of the website. Users who are most comfortable with Spanish may access the Spanish-language version of the USCIS website at uscis.gov/es.
