The U.S. Department of Justice formally asked the Supreme Court to review the Fifth Circuit’s decision in the Texas lawsuit that blocks implementation of President Obama’s 2014 deferred action initiatives. President Obama seeks U.S. Supreme Court review of Obama executive action granting deferred action. The formal request, called a petition for certiorari, is the first step in the Supreme Court review process. The Supreme Court likely will decide early in 2016 whether it will hear the case this term. If the Court takes the case, it would likely rule on Obama executive action in June 2016.
The Fifth Circuit Court of Appeals upheld the preliminary injunction that temporarily halted President’s Obama Immigration Action that provided deferred action initiatives such as Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA). Both initiatives that were part of Obama Immigration Action on November 2014 would have provided as many as 5 million immigrants with temporary relief from deportation. The decision today means that the initiatives remain suspended. (more…)
The United States Courts of Appeal, Second Circuit, held that an immigrant detained must be afforded a bail hearing before an immigration judge within six months of his or her detention. (Lora v. Shanahan, 10/28/15). The court also held that the detained immigrant must receive bond hearing unless the government establishes by clear and convincing evidence that the immigrant poses a risk of flight or a risk of danger to the community. (more…)
In an effort to help aspiring lawful permanent residents or “green card” holders to become U.S. citizens and also improving customer service, U.S. Citizenship and Immigration Services (USCIS) has announced that the filing fee for Form N-400 can be paid by credit card effective September 19, 2015. Applicants filing Form N-400, can pay N-400 fee with credit card.
Acceptable Credit Cards
You may use Visa, MasterCard, American Express and Discover. You may also use gift cards with Visa, MasterCard, American Express and Discover logos. If you choose to pay N-400 fee with credit card or gift card, you must pay the entire fee using a single card. Please ensure the credit card or gift card has enough money to cover the fee.
How to Pay N-400 Fee with Credit Card
- Complete form G-1450.
- Place it on top of your N-400 application.
- Mail your application package to the correct address
U.S. Citizenship and Immigration Services (USCIS) in coordination with Department of State (DOS), has revised the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process was effective with the October 2015 visa bulletin published on September 25, 2015. The new format of the visa bulletin will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.
Also, the revised process will enhance DOS’s ability to more accurately predict overall immigrant visa demand and determine the cut-off dates for visa issuance published in the Visa Bulletin. This will help ensure that the maximum number of immigrant visas is issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates. The Visa Bulletin revisions implement the November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson.
With the revisions, there will be two separate charts (or priority dates) for people to follow or monitor: (more…)
On Sunday, Republican Presidential Candidate Donald Trump announced his immigration plan on his website and in the media. He is the first Republican candidate to set forth such a detailed plan and agenda on immigration. Donald Trump immigration plan has many flaws and leaves unanswered the process and methodology that will be used to legalize the 12 million illegal immigrants already in the U.S. With regards to Dreamers (those who were brought illegally into the U.S. as minor children) and the DACA benefit granted by President Obama that issued work authorization and an opportunity to attend college, Donald Trump would rescind the DACA benefit. “The executive order gets rescinded,” Trump said Sunday on NBC’s “Meet the Press,” of President Barack Obama’s executive order allowing dreamers to remain in the U.S. With regards to birthright citizenship (more…)
California governor, Jerry Brown, signed a bill that would remove the term “alien” from the California labor code when describing a foreign-born non-U.S. citizen worker. Removing the term “alien” is a step in the right direction and an attempt to remove the derogatory nature of the term “aliens”. (more…)
Judge Dolly M. Gee of Federal District Court for the Central District of California found that two detention centers in Texas that the Obama administration opened last summer fail to meet minimum legal requirements of the 1997 settlement for facilities housing detained immigrant children.
Judge Gee also found that migrant children had been held in “widespread deplorable conditions” in Border Patrol stations after they were first caught, and she said the authorities had “wholly failed” to provide the “safe and sanitary” conditions required for detained immigrant children even in temporary cells. (more…)
Request for Evidence (RFEs) from U.S. Citizenship & Immigration Services Vermont Service Center will no longer be printed on yellow stock paper as of 7/6/15. RFEs issued after 7/6/15 will instead be printed on white paper.
A Request for Evidence (RFEs) is usually issued when additional documents are needed by U.S. Citizenship & Immigration Services (USCIS) on an already filed and pending application. Request for Evidence (RFEs) can be issued (more…)
National Visa Center has reported experiencing technical difficulties with their online system related to the access of electronic immigrant visa application (Form DS-260) as well as the Online Choice of Address and Agent form (DS-261), as well as the ability to make and process immigrant visa fee payments electronically. The State Department has released guidance indicating that it is aware of the Ds-260 problem and is working to fix all the online issues. (more…)