Agency Memos & Announcements
USCIS launched an Enterprise Change of Address (E-COA) self-service tool with which most individuals with a USCIS online account can update their mailing and physical address with USCIS for pending applications, petitions, or requests in a single place.
10/12/23
AILA Doc. No. 23112246.
Agency Memos & Announcements
USCIS issued updated the Policy Manual to reflect the extension of the current exemption from the temporary need requirement for H-2B nonimmigrant workers on Guam and in the CNMI, as provided in the NDAA for FY2023. The temporary exemption has been extended through 12/30/24.
Federal Court Cases
The district court found that the government did not prove by clear and convincing evidence that naturalization or citizenship was illegally procured by the defendant, a former soldier in the Military Accessions Vital to the National Interest (MAVNI) program. (United States v. Wang, 9/29/23)
AILA Blog
Dominique Pando Bucci gives some insights into what the "administrative processing" term means for those in the queue at the Department of State; a webinar on October 12, 2023, will dive into the issue further for interested AILA members.
AILA Public Statements, Memo & Regulatory Comments
AILA submits comments on the DHS and USCIS notice of proposed rulemaking seeking to modernize the H-2A and H-2B program requirements, oversight, and worker protections as published on 9/20/23.
FR Regulations & Notices
DHS notice of Special Student Relief for Cameroon, effective 12/8/23 through 6/7/25. (88 FR 69939, 10/10/23)
Visa Bulletins
USCIS determined that for November 2023, applicants in all family-sponsored preference categories and all employment-based preference categories must use the Dates for Filing chart.
Visa Bulletins
DOS posted the November 2023 visa bulletin. In addition to final action dates and dates for filing, it contains notes on the diversity visa, the scheduled expiration for EB-4 religious workers, and more.
FR Regulations & Notices
Department of the Treasury notice that for the period beginning 10/1/23 and ending 12/31/23, the U.S. Immigration and Customs Enforcement Immigration Bond interest rate is 3 per centum per annum. (88 FR 69683, 10/6/23)
Agency Memos & Announcements
USCIS issued filing tips and notes that it is currently receiving increased numbers of paper-filed Form I-589 that must be rejected because they are incomplete or improperly filed. As such, it provides filing tips to help prevent these rejections.
10/6/23
AILA Doc. No. 23112234.
Asylum
Agency Memos & Announcements
CBP issued guidance after DHS established Family Reunification Parole for nationals of certain Latin American and Caribbean countries and their qualifying relatives. An Advanced Travel Authorization will be issued by CBP. Qualifying relatives may be of any nationality if other requirements are met.
Examples & Questions
Upon monitoring processing for bundled applications and petitions following the Edakunni Settlement, AILA seeks examples of existing pending delays for H-4 and L-2 dependents. Examples are due by 12/9/23.
Practice Resources
As of November 3, 2023, EOIR requires that the new Recognition & Accreditation forms, EOIR-31, EOIR-31A, be used when applying for DOJ recognition of organizations and accredited representatives. EOIR will return applications submitted after November 3, 2023, that do not use the new forms.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 22, 2023.
11/22/23
Agency Memos & Announcements
DHS announced that it will resume direct repatriations of Venezuelan nationals who do not have a legal basis to remain in the United States.
Liaison Minutes
AILA’s DOS Liaison Committee provides key takeaways, Q&As, and the agenda from its liaison meeting with DOS on October 5, 2023.
Practice Resources
AILA’s DOS Liaison Committee provides an updated alert concerning consular selection for Afghan immigrant visa cases, acceptance and processing of I-730 petitions out of the U.S. Embassy in Islamabad, and incorrectly assessed immigrant visa fees for Afghan immediate relative petitions.
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to the applicant’s ability to relocate. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
11/21/23
AILA Doc. No. 13010149.
Asylum
Cases & Decisions, Federal Court Cases
This issue-specific page lists published asylum cases that relate to persecution on account of political opinion. The page includes published federal court and BIA cases from 2008 to the present. Special thanks to AILA member R. Mark Frey.
11/21/23
AILA Doc. No. 13010147.
Asylum
AILA Public Statements, Correspondence
AILA and the American Immigration Council filed a FOIA request to obtain documents related to ICE and CBP’s implementation of the Family Expedited Removal Management Program (FERM).
AILA Public Statements, Correspondence
AILA, AIC, and the ACLU lead over 80 organizations in a letter to ICE detailing continued barriers to attorney access in immigration detention facilities and provide recommendations on how to better facilitate critical communications between counsel and detained individuals.
Policy Brief
AILA and the CAIR Coalition provide a practice advisory that focuses on the challenges unique to the detention context and how best to address some of the key issues to effectively providing remote representation to detained noncitizens.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 21, 2023.
11/21/23
Federal Agencies, Agency Memos & Announcements
USCIS provided TRIG exemptions granted by fiscal year and exemption type for FY2019 through FY2023, as well as TRIG exemptions granted by fiscal year and application type for FY2019 through FY2023.
10/23/23
AILA Doc. No. 23112012.
Asylum
Examples & Questions
National Immigrant Justice Center (NIJC), the Michigan Immigrant Rights Center, and Winston & Strawn are preparing a class action complaint about Bona Fide Determination (BFD) delays. If you have any examples, please submit them today.
11/20/23
AILA Doc. No. 23112011.
Asylum
Federal Agencies, Practice Resources, Liaison Activity
This practice alert serves to update AILA members on the recent expansion of the Virtual Attorney Visitation (VAV) program, to share resources for communicating with detained clients, and how to escalate access to counsel issues with ICE.
Featured Issue
On 6/1/23, DOL officially implemented the new ETA 9089, Application for Permanent Labor Certification, into the Foreign Labor Application Gateway (FLAG) system. AILA’s DOL Liaison Committee provides a compilation resources relevant to this change.
Agency Memos & Announcements
USCIS invites stakeholders to a webinar on 12/7/23 to discuss the recent TPS extension and redesignation for Cameroon. Questions are due by 11/27/23.
AILA Public Statements, Correspondence
AILA and partner groups urged DOS and DHS to extend the interview waiver authorities set to expire on December 31, 2023, which allows consular officers to waive in-person interviews for certain nonimmigrant visa applicants and decreased wait times for nearly all visa applicants.
Cases & Decisions, Federal Court Cases
Granting in part the plaintiff’s motion for a preliminary injunction, the court found that INA §274B proceedings are unconstitutional because the Attorney General is not allowed to review OCAHO ALJs’ decisions. (United States v. SpaceX, 11/8/23)
Examples & Questions
AILA has monitored a problematic RFE trend related to Form I-864. In order to fully understand the scope of the issue, AILA’s USCIS Case Assistance and HQ (Benefits Policy) Committees request examples, including supporting documentation filed in relation to this form. Submission deadline: 12/01/23.
Examples & Questions
AILA seeks examples and feedback of experiences with the new Online Service Tools, including online biometrics rescheduling, online field office appointment request, text ahead, and online change of address.
11/20/23
AILA Doc. No. 23102001.
Immigration News
Aggregated local and national media coverage of major immigration law news stories being discussed throughout the U.S. on November 20, 2023.
11/20/23