FR Regulations & Notices
USCIS notice of Temporary Protected Status (TPS) extension and redesignation of Somalia for 18 months, beginning on September 18, 2024, and ending on March 17, 2026. The 60-day reregistration period for existing beneficiaries runs from July 22, through September 20, 2024. (89 FR 59135, 7/22/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 22, 2024.
7/22/24
AILA Announcements
Join the AI in Immigration Law Live Online Course by AILA! Learn how AI is transforming immigration law practice. Enhance your skills and stay ahead in the evolving legal landscape.
7/22/24
Professional Resources
AILA Well-Being Committee Member Jennifer Howards leads us in some quick stretches that you can do at your desk!
Practice Resources
ICE is terminating the 520 free telephone minutes provided for people in detention during COVID-19. AILA members are encouraged to use ICE’s Virtual Attorney Visitation program and reminds members that they can request certain free phone calls under the PBNDS.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 19, 2024.
7/19/24
Practice Resources
The DOS Liaison Committee provides a more detailed look at the new FAM updates related to 212(d)(3) waivers after DOS released its clarifying guidance and updated the FAM.
Cases & Decisions, Federal Court Cases
The court found that it lacked jurisdiction over the BIA’s denial of the petitioner’s motion to remand, and concluded that the BIA did not abuse its discretion in denying his request for an administrative closure or a continuance. (Alkotof v. Att’y Gen., 7/12/24)
Cases & Decisions, Federal Court Cases
The court upheld the BIA’s conclusion that the petitioner had not established past persecution, where she alleged that she was persecuted by hospital staff at a government-run hospital in Guatemala where she would take her daughter, who had a genetic disorder. (Calvo-Tino v. Garland, 7/12/24)
Cases & Decisions, Federal Court Cases
The court concluded that a conviction for carjacking in California under Cal. Pen. Code §215(a) was not a categorical crime of violence, and that the BIA erroneously determined that the petitioner had waived his challenge to the moral turpitude removal charge. (Gutierrez v. Garland, 7/2/24)
Cases & Decisions, Federal Court Cases
The court held that the BIA and IJ failed to conduct the required careful examination of the record to determine whether religion may have been one of multiple central reasons for the gang members’ persecution of the petitioner in El Salvador. (Rivera v. Garland, 7/5/24)
Agency Memos & Announcements
USCIS provides FAQs addressing common questions by individuals in H-1B nonimmigrant status, particularly related to applying for lawful permanent resident (LPR) status, job changes or terminations, international travel, and dependent family members.
Cases & Decisions, Federal Court Cases
The court upheld the BIA’s determination that petitioner could not invoke INA §237(a)(1)(H)’s fraud waiver to waive his charge of removability, because his conditional permanent resident status terminated automatically due to his failure to submit a joint petition. (Bador v. Garland, 7/11/24)
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 18, 2024.
7/18/24
Amicus Briefs/Alerts
AILA and the American Immigration Council submitted an amicus brief to the Sixth Circuit, arguing that there is no jurisdictional bar to a suit challenging USCIS's years-long delay in adjudicating the plaintiff's I-601A provisional waiver application.
Professional Resources
Visalaw.Ai is a cutting-edge AI software platform that empowers immigration lawyers in their everyday work. The platform offers legal research, summarization, drafting, and client engagement tools.
7/18/24
AILA Doc. No. 24071802.
Professional Resources
The world of cybersecurity continues to evolve at the speed of light. AILA provides an article to quickly share with lawyers what is changing, how to better protect your clients and your firm, and what steps you can take to implement security measures for both.
Agency Memos & Announcements
USCIS updated its guidance on children’s acquisition of citizenship in response to public feedback. It also updated guidance based on the U.S. Supreme Court decision in Sessions v. Morales-Santana, 582 U.S. 47 (2017), and clarified other provisions related to the acquisition of citizenship.
Cases & Decisions, Federal Court Cases
The court held that pre-conviction detention credited toward a defendant’s sentence is confinement “as a result of conviction” under INA §101(f)(7), thus precluding a finding of good moral character under the cancellation of removal statute. (Aguilar v. Att’y Gen., 7/10/24)
Cases & Decisions, Federal Court Cases
The court held that the BIA and IJ did not err in denying cancellation of removal to the petitioner, upholding the agency’s conclusion that the hardships his daughter might face were not exceptional and extremely unusual as required by INA §240A(b)(1)(D). (Garcia Carrera v. Garland, 7/3/24)
Amicus Briefs/Alerts
AILA and partners submit an amicus brief to the Fourth Circuit in Baptista v. Garland, explaining the wider implications of the Board's decision for defense attorneys, the immigration attorneys who advise them, and the criminal justice system as a whole.
AILA Blog
As part of our “One Thing” series, Anthony Pawelski explains how “despite the vital role of immigrant healthcare workers, our immigration system is simply not designed to help us build the healthcare workforce we need, especially in medically underserved communities.”
AILA Announcements
Join us for a roundtable on July 26 to discuss practical strategies for man election anxiety. Expert Mike Lubofsky, a therapist and attorney, will discuss mindfulness, stress management, and resilience-building exercises. Enhance your well-being during this turbulent period by connecting with peers.
Professional Resources
AILA provides a sample informed consent form for the new parole-in-place program recently announced by the Biden Administration.
Practice Resources
The Presidents' Alliance, TheDream.US, and Cornell Law School provided information on why Dreamers are eligible for employment-based visa options, the obstacles that DACA recipients and other Dreamers face in accessing such visas, what are D-3 waivers, why they are needed, and more.
Professional Resources
An attorney is prohibited from representing two clients if the conflict of interest is not waivable. This ethics article examines conflicts of interest in a narrow category of cases, namely, when an attorney represents a client on a petition for Special Immigrant Juvenile Status.
Examples & Questions
AILA’s DOL Committee seeks examples of RFIs, audits, or denials in connection with the new ETA Form 9089 now available in the FLAG system.
Agency Memos & Announcements
USCIS issued a reminder that it will start accepting applications on August 19. Applications submitted earlier will be rejected. USCIS also included a list of evidence that could be gathered now.
Agency Memos & Announcements
The White House released additional details related to its June 18, 2024, announcements on a new process to help U.S. citizens with noncitizen spouses and children, as well as additional announcements for DACA recipients, and more.
AILA Governance
Minutes from the AILA Annual Membership Meeting held in person on June 13, 2024.
7/17/24
AILA Doc. No. 24071700.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 17, 2024.
7/17/24
Examples & Questions
AILA seeks examples of applications and/or petitions that may have been erroneously rejected due to recent changes in filing locations and form editions associated with USCIS. This call will remain open until the issue has been resolved.
7/17/24
AILA Doc. No. 24042513.
Examples & Questions
AILA’s CBP Liaison Committee seeks questions for an upcoming meeting with the CBP's Admissibility Review Office (ARO). Questions are due by July 26, 2024.
AILA Blog
In this blog post, AILA members Betsy Fisher and Samantha Sitterley describe a recently developed USCIS process to determine whether a person is stateless; an upcoming AILA Roundtable will delve further into how AILA members can support stateless clients.
Agency Memos & Announcements
DHS issued a directive that establishes its policy on efforts to prevent and address gender-based violence and formalizes its policy on victim-centered, trauma-informed, and culturally sensitive approaches.
AILA Announcements
Learn how AILALink is the perfect tool for electronic access to the books and other research resources you need. Sign up for our next group training at 2:00 pm (ET) on Wednesday, August 14, or sign up for AILALink office hours.
7/16/24
AILA Doc. No. 15082740.
Professional Resources
It may be 2024, but the 2022 Marketplace Study still has much to offer. Check it out today to learn important data to help you make informed career choices and manage your immigration practice.
Practice Resources
AILA provides a practice alert on the International Entrepreneur Rule, under which entrepreneurs granted parole will be eligible to work only for their start-up business. The spouse and children may also be eligible for parole. Recent data showed that the program has been underutilized.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 16, 2024.
7/16/24
Agency Memos & Announcements
USCIS issued policy guidance for noncompliance with the EB-5 Regional Centers, updating Part G, Investors, in Volume 6 of the Policy Manual, to incorporate statutory reforms included in the EB-5 Reform and Integrity Act of 2022, and is effective immediately.
Professional Resources
Managing requires leadership and communication skills. These "soft" skills, though challenging to learn, are essential and can yield significant benefits. It's a misconception that they are unlearnable; with effort, they can be developed and refined. Learn more today.
AILA Announcements
AILA members who share common interests and backgrounds can network and engage in discussions through AILA’s interest groups. These informal affiliations cover a wide range of backgrounds, identities, professions, and interests. AILA recently added three new interest groups. Check out the full list!
7/16/24
AILA Announcements
As a special benefit for AILA members and in light of the new parole-in-place options due to the executive actions to promote family unity and help Dreamers, AILA is providing this free preview of the AILA Waivers Online Course.
Featured Issues
Use this page to find information on the June 18, 2024, announcements regarding a new process for certain noncitizen spouses of U.S. citizens to apply for lawful permanent residence without having to leave the United States and to help certain college graduates more quickly receive work visas.
Practice Resources
In connection with the 2024 fee rule, USCIS released new editions of Forms I-914, I-918, and related forms with an effective date of June 3, 2024, requiring the use of the new form editions in just over 60 days. AILA and partners advocated for an amended grace period and USCIS extended them.
Watch this free recording of AILA leadership, staff, and experts discussing the President’s announcement on using parole-in-place to promote family unity and leveraging INA 212(d)(3) waivers for U.S. college-educated DACA recipients and Dreamers.
Agency Memos & Announcements
After the White House announced actions to allow certain individuals to receive nonimmigrant work visas more quickly, DOS clarified existing guidance to consular officers regarding when they should consider recommending that DHS grant a waiver of ineligibility, where applicable.
Practice Resources
AILA’s DOL Liaison committee provides a practice pointer on the transition of prevailing wages in FLAG, highlights from technical notes, and updated prevailing wage data for CNMI.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on July 15, 2024.
7/15/24
Agency Memos & Announcements
USCIS invited stakeholders to an engagement on expanded customer service options and revised safe address procedures for individuals protected under 8 U.S.C. 1367 confidentiality provisions taking place on July 16.