Posts by John Hykel
Changes to DACA
The Department of Homeland Security (DHS) today announced a notice of proposed rulemaking (NPRM) that would preserve and fortify the Deferred Action for Childhood Arrivals (DACA) policy. DHS will open a 60-day public comment period for the public to submit comments relevant to the proposed rule. The new rule would fully reinstate DACA. Further, it…
Read MoreUSCIS to Hold Second H-1B Lottery
USCIS announced that the original lottery conducted earlier this year did not result in sufficient numbers of selections to reach the yearly numerical cap. They will be conducting a second lottery among those who filed their registration to fill the cap. Selectees will be notified via their online USCIS account if they are chosen in…
Read MoreUSCIS Extends Employment Authorization Validity for Adjustment of Status Applicants
USCIS has updated its policy for Employment Authorizations granted to Applicants for Adjustment of Status to Permanent Residence. Because they are taking over a year to issue decisions on Adjustment of Status applications, they will now issue initial Employment Authorizations which are valid for 2 years instead of 1 year. This change will only affect…
Read MorePhone Scam Mimicking EOIR Phone Number
The Executive Office for Immigration Review announced today that a phone scam is “spoofing” the phone number for their offices 703-305-1247. The caller claims to represent the Court and requests personal information from the victims. The EOIR will never call individuals from this phone number and will never request personal information over the phone. Never…
Read MoreNew Guidance from the Biden Administration Concerning Removal Proceedings
The Biden Administration has overhauled the guidance for government attorneys in the Immigration Courts concerning Removal Proceedings. They have instructed the attorneys to exercise discretion on any matter involving an immigrant who arrived in the US prior to November 1, 2020. In many of these cases, it is now possible to close or dismiss the…
Read MoreTPS Reinstated for Haitians
On May 22, Secretary of Homeland Security Alejandro Mayorkas announced a new Temporary Protected Status (TPS) designation for Haiti for 18 months. Any Haitian in the US, who can prove that they were present in the US on May 21, 2021 is eligible to apply. I encourage any Haitian interested in acquiring Temporary Protected Status…
Read MoreCourt Strikes Down Trump Asylum Rules
On Friday, January 8, 2021, a ruling was issued in US District Court striking down the proposed rules issued by the Trump administration making it harder to claim Asylum in the United States. The rules sought to redefine how people qualify for asylum and similar forms of humanitarian protection if they face persecution at home.…
Read MoreUSCIS Publishes Notice Extending TPS for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
USCIS has issued an automatic extension for TPS from January 4, 2021 until October 4, 2021. Any person from El Salvador, Haiti, Honduras, Nepal, Nicaragua or Sudan who currently holds TPS status will have there their status extended until October 4, 2021. This includes Employment Authorization.
Read MoreUSCIS Restores DACA Including Work and Travel Authorization
On November 14, 2020, Judge Nicholas George Garaufis of the U.S. District Court for the Eastern District of New York issued an opinion regarding the July 28, 2020 memorandum[1] signed by Acting Secretary Chad F. Wolf.[2] On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement…
Read MoreLiberian Refugee Immigration Fairness Program
Enacted in December, 2019, The Liberian Refugee Immigration Fairness (LRIF) Program allows eligible Liberian Nationals and certain family members a one year window (Until December 20, 2020) to apply for adjustment of status to Permanent Resident (green card). In order to qualify the Applicant must be: A Liberian National; Living in the United States since…
Read More