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USCIS Reopens Deferral Requests

USCIS reopens deferral requests after sending letter denying non-military/DACA requests pending prior to August 7. On August 7, the USCIS sent out letters informing those with existing/pending deferral requests that their cases were denied and that they had 33 days to leave the country. A good number of these that received such letters were legally…

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Castro-Tum Vacated

Castro-Tum decision vacated giving immigration judges general authority to administratively close cases. In an important decision, the infamous Castro-Tum decision, (Matter of Castro-Tum, 27 I&N Dec. 271 (A.G. 2018) was vacated on August 29, 2019, by the Fourth Circuit, in Zuniga Romero v. Barr. This gives immigration judges the general authority to administratively close cases.…

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No ICE Enforcement Related to Hurricane Dorian

The Department of Homeland Security (DHS) announced there will be no ICE enforcement related to Hurricane Dorian. East Coast residents concerned about their immigration status who are also in areas impacted by Hurricane Dorian may breathe a small sigh of relief. The DHS has announced no ICE or CBP related enforcement initiatives will take place…

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Employment Authorization Guidance for Parolees Issued

New employment authorization guidance has been issued by the USCIS, updating the Parolees section of its Policy Manual. Employment authorization guidance for parolees changed on August 19, 2019, when the USCIS updated its policy manual. With the exception of individuals paroled under the International Entrepreneur Rule, parolees seeking employment authorization in the United States will…

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National Standard of Care Announced for Immigrants in Custody

The DHS announced a national standard of care for in-custody immigrant children and families as part of new rule implementing the Flores Settlement Agreement. A new rule implementing the Flores Settlement Agreement establishes a national standard of care for all children and families in Government custody. The national standard of care in part aims to…

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U Visa Resource Guide Released

The U.S. Department of Homeland Security released its U Visa Law Enforcement Resource Guide on or about July 30, 2019. Law Enforcement Agencies (LEAs) and their Certifying Officers/Officials (COs) have a brand new U Visa resource guide to look at when trying to figure out Form I-918B. The DHS’s new guide contains a wealth of…

U-Visa Fraud Case Involves Staged Robbery

At least two individuals staged a robbery in this U-Visa fraud case. U-Visa fraud cases can get weird. A group of men staged a robbery as part of their plans to apply for U-Visas for Jose Pineda-Hernandez, Oscar Pineda-Martinez, and Miguel Bautista-Manuel, which was initially taken as a legitimate robbery and investigated by the Greenville…

USCIS International Field Offices Closure Updates

Updates on the closures of USCIS International Field Offices   Plans have changed regarding the closure of USCIS international field offices. On August 8, 2019, the United States Citizenship and Immigration Service (USCIS) posted this announcement briefing the public on its efforts to improve adjudication efficiencies and shift some of its resources to the southern…

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USCIS Case Backlog Explained in New Testimony

USCIS case backlog explained in USCIS testimony, given jointly before the House Committee on the Judiciary, Subcommittee on Immigration and Citizenship, on July 16, 2019. On July 16, 2019, the USCIS testified regarding the current backlog of 2.4 million cases awaiting adjudication through Fiscal Year 2018. You can read the full written joint testimony of…

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Falls Church Immigration Enforcement a Federal Responsibility

Police Chief Mary Gavin reports Falls Church immigration enforcement is not a local police duty. On July 23, 2019, Falls Church Police Chief Mary Gavin issued a public statement regarding Falls Church immigration enforcement. The Falls Church News-Press reported Chief Gavin’s complete statement, which can be found here. “Our police officers do not take into…