USCIS provides guidance for Afghan nationals applying for adjustment of status

California Immigration

USCIS stated that Afghan nationals with an approved Form I-360 employed by the U.S. government or ISAF in Afghanistan. Those who plan to file Form I-485 must be physically present in the United States. Moreover, they must provide a U.S. address on Form I-485.  — What applicants and sponsors need to know now USCIS has published guidance and …

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BALCA Holds that COVID-19 Staffing Shortages do not Meet Definition of Temporary in H-2B Program

California Immigration

BALCA COVID-19 Staffing Shortages and Case Processing Delays The COVID-19 pandemic significantly affected many government agencies in theUnited States, including those involved in employment-based immigration.The Board of Alien Labor Certification Appeals (BALCA), which reviews appealsof denied labor certification applications, experienced operational challengesduring the pandemic that contributed to delays in the processing of cases. These disruptions …

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BIA remands for further consideration of eligibility for voluntary departure after deficient NTA

The BIA remanded for evaluation of whether the defendantIn Matter of M-F-O- is statutorily eligible for voluntary departure. This occurredAfter finding that a deficient NTA does not preclude the defendant from establishing the requisite period of constant physical presence.Individuals who believe a decision by an immigration judgedenying asylum or other relief may appeal.The individual will need to showthe immigration judge made …

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USCIS announcements on credit card payments pilot program

credit card payments program. USCIS announced that NSC will accept credit card payments using Form G-1450 for petitioners filing Form I-140, Immigrant Petition for Alien Workers, with Form I-907, Request for Premium Processing Service, or when filing Form I-907 to upgrade a pending Form I-140 to premium processing. The processing time for Form G-1450 varies; …

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Presidential Proclamation Rescinding Regional COVID Travel Bans and Imposing Vaccination Requirement

On October 25, President Biden issued a presidential proclamation titled, “A Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-⁠19 Pandemic”. Effective this Monday, November 8, at 12:01 am (ET), The statement moves away from country-by-country travel restrictions and adopts a policy that relies primarily on vaccination, With limited exceptions.

CBP issues memo on processing of undocumented noncitizens at southwest border land ports of entry

California Immigration

CBP released a memo with updated direction on the management,.And processing of migrant at southwest border points of entry.memo states that asylum seeking humane parole — What the guidance says and what to expect at POEs On November 1, 2021 (guidance updated Jan. 30, 2025), U.S. Customs and Border Protection issued operational guidance for how ports of entry should …

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Circuit court reverses nationwide preliminary injunction against ICE detention in COVID-19 lawsuit

California Immigration

On October 20, the Ninth Circuit Court of Appeals backed the U.S. District Court for the Central District of California’s April 20, 2020, Grant of a preliminary injunction that applied to all custody space in the United States, including ICE detention facilities, and imposed a broad range of duty on the federal government.The court directed that …

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BIA extended the deadline for submission of amicus briefs related to Pereida v. Wilkinson and records of conviction

Extended Deadline on Amicus Briefs, November 19, 2021 The Board of Immigration Appeals welcomes interested members of the public to file amicus curiae briefs discussing the below issue: ISSUE PRESENTED: 1. Does Pereida v. Wilkinson, 141 S. Ct. 754 (2021), authorize an Immigration Judge to rely on any document or record covered by section 240(c)(3)(B) …

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Employment information regarding Afghan special immigrant visa holders and parolees

California Immigration

DOJ has released a fact sheet on the work rights of Afghan immigrants arriving in the United States. SIV holders possess Lawful Permanent Resident status, allowing them to work for any employer indefinitely. For the first 90 days, an unexpired Form I-94 (with “PAR” or “OAR” class of admission) serves as a valid receipt for Form I-9. To continue working, …

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Democrats want immigration deportation shields in economic plan

California Immigration

Senate Democrats have abandoned plans to achieve a pathway to millions of undocumented migrants,As part of President Biden’s agenda, And instead are follow a proposal that would provide temporary protections.The measure would provide temporary exodus parole status to millions of undocumented migrants, Which would allow them to stay in the United States and to apply …

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White house rescinds current regional COVID travel bans and imposes vaccination requirement

Regional COVID Travel Bans. President Biden announced a presidential proclamation, effective November 8, 2021, at 12:01 am (ET), that moves the United States away from country-by-country travel restrictions and adopts an air travel policy that relies primarily on vaccination, with limited exceptions. The White House issued a fact sheet on the new requirements, and DOS released a statement on the …

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Tell Congress to Stop Feeding the Immigration Detention Machine

Feeding Immigration Detention Machine. The Senate released a FY2022 DHS funding bill that includes a cut in the number of ICE detention beds by 5,500, but would still give ICE over $2 billion to detain immigrants in unsafe and deadly conditions, including solitary confinement. Yet, year after year, Congress allocates billions of dollars toward Feeding Immigration Detention Machine that traumatize …

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