Removal Challenge Allowed In Spite of Missing the Filing Window
An individual trying to reopen their removal matter due to an invalid conviction was originally denied due to missing the filing window. The person did not file the challenge within the 90-day filing period after the removal of the conviction. Waiting beyond the end of the required period originally ended the person’s ability to challenge their removal. However, working with an experienced attorney, an alternate method was found.
USCIS Extends Green Card Validity Extension to 24 Months for Green Card Renewals
Effective Sept. 26, U.S. Citizenship and Immigration Services (USCIS) is automatically extending the validity of Permanent Resident Cards (also known as Green Cards) to 24 months for lawful permanent residents who file Form I-90, Application to Replace Permanent Resident Card.
H-1B FY2023 Insights: Important Considerations as October 1 Approaches
As we draw closer to October 1, the start date for H-1B FY 2023 cap petitions, there are several important considerations to bear in mind. First, if your petition is still pending and has not been adjudicated to a final decision, you may want to consider expediting the process. While it remains pending, it is important you are aware of work authorization and travel considerations that could affect your status. Next, if you requested a change of status and it was approved, that change of status will be automatic as of October 1, which means you must prepare accordingly. Finally, if there have been any changes to the terms and conditions of the H-1B when it was initially filed, you must make sure to notify USCIS by October 1, when those terms and conditions take effect. This entails filing an amendment, which must be filed and received by USCIS before you can work pursuant to those changes.
Audit Finds Incomplete Processing of Migrants by CBP
The Department of Homeland Security (DHS) Office of the Inspector General (OIG) found that U.S. Customs and Border Protection (CBP) failed to issue A-numbers, or alien registration numbers to some migrants. A-numbers are used to track the immigration process for each individual. The OIG audit found that 107 of the 384 observed individuals were not provided with their A-number. The OIG further reported that the Border Patrol agents stated they focused on expediting processing to reduce overcapacity and as a result, failed to issue the number.
Asylum Final Rule Published by DHS
The Department of Homeland Security (DHS) issued an asylum final rule which became effective on February 7, 2022. The updated rule reflects the outcome of a legal effort between Asylumworks et al. v Mayorkas et al. In that legal case, the following rules, issued in June 2020, have been vacated and are no longer in effect: the timeline appeal rule and the broader asylum employment authorization document rule.
USCIS Announces Next Phase of Premium Processing For Some EB-1, EB-2
U.S. Citizenship and Immigration Services (USCIS) announced the next phase of premium processing EB-1, EB-2, becoming available for some qualifying petitioners. Individuals must have a previously filed I-140, Adjustment of Status under E13, E21, or National Interest Waiver.
‘Historic’ Number of Immigration Cases Closed In FY2022
A record number of immigration cases have been closed in the first 11 months of the current U.S. government fiscal year. The 375,000 cases processed used the Biden administration court policies to achieve this result, per the Syracuse University Transactional Records Access Clearinghouse (Trac) site.
The increase in the number of immigration judges and the resumption of previously used case management tools are noted as resources. Per TRAC, the Biden administration updated policies to give greater authority to immigration courts, basically supporting a faster processing period for these cases to address the backlog of 1.9 million cases and work toward reducing it.
The number of cases overall has risen since the Bush administration. Subsequent administrations saw a continued increase in cases and the backlog continued to grow. While the full impact of Biden’s policies has yet to be seen, TRAC states an estimated 50% increase in the number of immigration cases closed in FY2022, to date, compared to FY2019, the previous case closure record year. If the current rate of case closure continues, it’s estimated that over 400,000 cases will be closed by the end of FY2022, or September 30, 2022.
Currently, there are 559 immigration judges. In FY2019, there were 442 judges. The sheer number of judges and their ability to end cases based on their expertise, combined, drive the recent success rate. Some 50,000 cases were tossed due to issues with the U.S. government failing to file a notice to appear to begin the removal process for some immigrants.
However, the growth of cases in immigration courts exceeds what the judges can hear, even at a faster rate. Even though a record number of cases are estimated to be closed by the end of the current fiscal year, the backlog remains.
If you have questions about your immigration-related issue, contact us at ILBSG. We work with our clients in their specific situations to ensure they get the right advice.
How to Read the Visa Bulletin for Family-Based Visa Cases
Understanding how to read the Visa Bulletin is critical to successfully completing the required documentation at the right time. With a focus on the family-based visa, we review the structure, key definitions, and provide examples, too. Of course, if you have questions, contact us anytime
Asylum Case Appeal Denied Based on Government Protection Proof
An asylum bid has been denied in the appellate court, with the Sixth Circuit stating the U.S. Board of Immigration Appeals (BIA) correctly found the applicants did not provide sufficient proof they would not be protected by their home country’s government. The question of the home country’s ability to limit dangerous gang activity is at the heart of the issue. The appellate court found that the BIA ruling, as long as it has a good basis of evidence, is to be upheld.
Asylum-Seekers Claim Delay of Employment Authorization Processing
A group of asylum-seekers is pursuing a summary judgment against the U.S. Department of Homeland Security due to ongoing delays in processing employment authorization. A preliminary injunction issued in 2020 requires DHS to process work authorization requests for asylum-seekers within a 30-day timeline. However, the group claims the requests are not being processed accordingly, causing harm.