DHS Statement on Asylum Rule

DHS has released the following relating to the recent presidential rule on asylum claims:

President Trump is using the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty. Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

For more information, visit the DHS webpage here: https://www.dhs.gov/news/2018/11/09/dhs-myth-vs-fact-asylum-proclamation-and-rule

DHS FAQs on Asylum Proclamation

DHS has released the following regarding the recent asylum proclamation and rule:

President Trump is using the authority granted to him by the Immigration and Nationality Act to manage and protect the integrity of our immigration system and our national sovereignty. Section 212(f) of the Immigration and Nationality Act states plainly: “Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.” Section 215(a) of the Immigration and Nationality Act similarly states: “Unless otherwise ordered by the President, it shall be unlawful for any alien to depart from or enter or attempt to depart from or enter the United States except under such reasonable rules, regulations, and orders, and subject to such limitations and exceptions as the President may prescribe.”

For more information, see the US Department of Homeland Security’s webpage here: https://www.dhs.gov/news/2018/11/09/dhs-myth-vs-fact-asylum-proclamation-and-rule

USCIS Notice to Appear Policy

Starting Nov. 19, 2018, USCIS may issue NTAs as described below based on denials ofcertain visa applications.

If applicants, beneficiaries, or self-petitioners who are denied are no longer in a period of authorized stay and do not depart the United States, USCIS may issue an NTA. USCIS will continue to send denial letters for these applications and petitions to ensure adequate notice regarding period of authorized stay, checking travel compliance, or validating departure from the United States.

AOS Filing Chart 11/18

If USCIS determines that there are more immigrant visas available for a fiscal year than there are known applicants for such visas, USCIS will state whether you may use the Dates for Filing Visa Applications.

Otherwise, they will indicate that you must use the Application Final Action Dates to determine when you may file your adjustment of status application.

See the following link here for the month of November 2018:

https://www.uscis.gov/visabulletininfo

Visa Bulletin 11/18

The Visa Bulletin provides updated priority date information for family-based and

employment-based green cards.

Immigrants to the US are classified into two categories – those requiring placement on a waiting list and those not through their

relationship to a US immediate relative.

Further, there are numerical quotas on the green cards that require a priority date. If the number of applicants in a year is over the available visa numbers, those applicants are placed on a waiting list and are given a priority date, which estimates when an applicant would get a visa based on the number of previous applicants on the waiting list. Below are preference category information and visa allocations.

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Below is the link for the Visa Bulletin for November 2018.

https://travel.state.gov/content/visas/en/law-and-policy/bulletin/2018/visa-bulletin-for-November-2018.html

For more information, contact ALO at 978-905-9992.

DHS Statement on Recent Mail Bombs

DHS and the U.S. Secret Service are closely coordinating with the FBI on the active investigation and are working with state and local law enforcement to provide updates on the evolving situation. The Department has heightened the security posture at federal facilities around the country and is actively communicating with our National Network of Fusion Centers. I condemn these cowardly acts in the strongest possible terms. Americans will not tolerate these types of threats, and we will not be intimidated.”

USCIS Investigation Unauthorized Law Practice

U.S. Citizenship and Immigration Services  helped initiate an investigation that led to charges and guilty pleas from Veronica Perdomo, 43, for fraudulently practicing immigration law.

At the guilty plea hearing Assistant United States Attorney David C. Stephens advised Judge Cain of the following facts:  Perdomo devised a scheme whereby she, at various times, pretended to be either an employee, officer, or attorney working with or for the Department of Homeland Security, U.S. Citizenship and Immigration Services (DHS/USCIS).  Perdomo would seek out aliens who were either illegally in the United States or were here legally but having problems with their immigration status. For a fee, Perdomo would “assist” these people in dealing with their immigration problems.  In truth and fact she did absolutely nothing to assist them with their problems.  In order to facilitate the scheme and artifice, Perdomo would prepare documents that she claimed were being sent to DHS/USCIS, which actually were simply being piled up in a storage shed behind her home.  Perdomo would then create bogus documents bearing the seal of DHS/USCIS which she claimed were being sent from DHS/USCIS and provide same to her victims to purportedly show that their situations were being addressed.

USCIS I751 Receipt Update

USCIS has completed receipting and data entry for all filings of Form I-751, Petition to Remove Conditions on Residence, received between May 1 and Sept. 9, 2018. Petitioners should receive receipt notices by Oct. 22, 2018. Per USCIS instruction: “If you submitted a Form I-751 to the CSC between May 1 and Sept. 9, 2018, and you have not received a receipt notice, do not file a duplicate Form I-751 unless you have received a rejection notice or have been instructed to do so by the CSC.”

USCIS Reissues Receipts CPR Extensions

USCIS has issued the following press release re: the reissuing of I751 extension receipts.

On Oct. 16, 2018, USCIS began issuing new receipt notices for certain Forms I-751, Petition to Remove Conditions on Residence, to replace previously issued receipt notices containing inaccurate information.  In August 2018, USCIS issued receipt notices for certain pending Form I-751 petitions to extend conditional permanent resident (CPR) status from 12 months to 18 months. These receipt notices were issued to provide an additional six months of CPR status to the I-751 petitioners while they continue to wait for their petition to be adjudicated. Some of the receipt notices contained incorrect information that does not affect the extension of the of the CPR status. Petitioners who received incorrect receipt notices will receive corrected ones shortly. If you have not received a corrected receipt notice by Nov. 15, 2018, please reach out to the USCIS Contact Center.

Travel Ban Review

Nationals of seven countries are currently subject to various travel restrictions contained in the Proclamation, as outlined in the following table, subject to exceptions and waivers set forth in the Proclamation.

Country Nonimmigrant Visas Immigrant and Diversity Visas
Iran No nonimmigrant visas except F, M, and J visas No immigrant or diversity visas
Libya No B-1, B-2, and B-1/B-2 visas No immigrant or diversity visas
North Korea No nonimmigrant visas No immigrant or diversity visas
Somalia   No immigrant or diversity visas
Syria No nonimmigrant visas No immigrant or diversity visas
Venezuela No B-1, B-2 or B-1/B-2 visas of any kind for officials of the following government agencies Ministry of Interior, Justice, and Peace; the Administrative Service of Identification, Migration, and Immigration; the Corps of Scientific Investigations, Judicial and Criminal; the Bolivarian Intelligence Service; and the People’s Power Ministry of Foreign Affairs, and their immediate family members.  
Yemen No B-1, B-2, and B-1/B-2 visas No immigrant or diversity visas

In accordance with P.P. 9645, for nationals of the seven designated countries, a consular officer will determine whether an applicant otherwise eligible for a visa is exempt from the Proclamation or, if not, may be eligible for a waiver under the Proclamation allowing issuance of a visa.