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…

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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…

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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…

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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…

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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…

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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.…

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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.

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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…

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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…

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The October 2020 Visa Bulletin shows that Employment Based Third Preference (EB-3) for individuals born in China and India has a more recent cutoff date than Employment Based Second Preference (EB-2).  For such individuals, it is possible to file for Adjustment of Status to Permanent Resident (I-485) using the cutoff dates for the EB-3 Preference…

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