Immigration News

ICE targeting refugees from Central America

The detentions of at least 11 families across the country marked the first day of an effort by the government to find and deport Central American migrants who sought refuge in the U.S. and stayed illegally, immigrant advocates said Saturday.

Unlike a string of immigration raids in the mid-2000s, agents do not plan to conduct workplace raids or other mass enforcement actions, but will instead target addresses for families with deportation orders.

In Norcross, Ga., on Saturday, Joanna Gutierrez said her niece and niece’s 9-year-old son were taken by Immigration and Customs Enforcement agents, who arrived in an unmarked car and presented Gutierrez with a warrant for a man she didn’t know.

Gutierrez says she told the agents they needed a warrant to enter her home. They told her they didn’t, she says, and walked inside, checking every room in the house and waking her children. “They were shaking from fear,” Gutierrez said of the children in a phone interview Saturday night.

After searching the house, the agents showed Gutierrez a photo of her niece, 30-year-old Ana Lizet Mejia. Mejia fled Honduras when her brother was killed by gangs. She entered the U.S. illegally with her son as part of a wave of Central American migrants seeking refuge from violence in the summer of 2014.

We think they are gathering people at the Atlanta field office. We have no idea what’s going on there.- Adelina Nicholls, Georgia Latino Alliance for Human Rights

Mejia had never missed a court date, Gutierrez said, and wore an ankle monitor provided by the court.

“Why abuse a person who is already in the control of the court?” Gutierrez said.

According to an online inmate locater, Mejia and her son are now in custody, though ICEofficials would not […]

Visa Bulletin For January 2016

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringJanuary for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by December 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin. If at any time an annual […]

Visa Bulletin For December 2015

Number 87
Volume IX
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringDecember for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by November 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this […]

Governor Kate Brown welcomes Syrian refugees to Oregon

Gov. Brown: Oregon Will Accept Syrian Refugees
by OPB Staff OPB | Nov. 17, 2015 11:15 a.m.

A Syrian refugee holds her passport at the Turkish Cilvegozu gate border,  Sept. 4, 2013.
Gregorio Borgia

Oregon Gov. Kate Brown announced via Twitter that Oregon will continue to accept refugees fleeing war-torn Syria.Last week, terrorists attacks rocked Paris and left 129 people dead and scores more wounded.

Since the attacks, governors in more than half of the United States have publicly opposed the resettlement of Syrian refugees over security concerns.

But Washington Gov. Jay Inslee bucked that trend Monday, saying that Washington state will welcome Syrian refugees. President Obama’s administration has pledged the U.S. to receive 10,000 people for resettlement over the next year.

Gov. Brown echoed that sentiment Tuesday.

Idaho Gov. Butch Otter did not join his Northwest colleagues in supporting the refugee relocation program, however. He joined several other Republican governors Monday in calling for an immediate stop to the refugee program until vetting rules can be reviewed.

U.S. Court of Appeals for the Fifth Circuit continues delay for DAPA – Is a trip to the Supreme Court next?

Washington D.C. – In a disappointing but unsurprising decision, a divided panel of the Fifth Circuit Court of Appeals today denied the federal government’s appeal of the preliminary injunction that has temporarily stopped President Obama’s latest deferred action initiatives from being implemented. This decision clears the way for the Obama Administration to take this case to the U.S. Supreme Court. The American Immigration Council urges the Administration to act promptly and seek immediate Supreme Court review.

The deferred action initiatives, announced almost one year ago, in November 2014, include Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and an expansion of Deferred Action for Childhood Arrivals (DACA). Together, these initiatives could provide as many as 5 million immigrants with temporary relief from deportation. The decision today means that the initiatives remain suspended.

Last November, after decades of congressional neglect, President Obama took a crucial, courageous and practical step toward reforming our immigration system. Using the executive’s well-established authority to regulate immigration and determine enforcement priorities, he adopted policies that would allow millions of U.S. citizen and lawful permanent resident children to remain with their parents, while at the same time ensuring that the government’s limited enforcement resources could be targeted toward real security threats. The Obama Administration should aggressively challenge the opinion in this case that states have standing—or legal authority—to file suit when they disagree with federal immigration policies. This sets a dangerous precedent.

As Judge Carolyn Dineen King, stated succinctly in her dissent, “a mistake has been made.” It now is up to the U.S. Supreme Court to correct this grave mistake—a mistake that sets not only a dangerous precedent, but one that is bad for families, bad for our communities, and bad for […]

November Visa Bulletin is here!

Visa Bulletin For November 2015

Number 86
Volume IX
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringNovember for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the USCIS website atwww.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin. Applicants for adjustment of status may refer to USCIS for additional information by visitingwww.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by October 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new […]

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?

Will the Guidance on Extreme Hardship Waivers Allow More Individuals to Become Permanent Residents?
Written by Beth Werlin October 8, 2015 in Department of Homeland Security, Executive Action, USCIS with 0 Comments

This week, U.S. Citizenship and Immigration Services (USCIS) issued draft guidance on what constitutes “extreme hardship” for purposes of an immigration waiver. The much anticipated guidance is a component of the Administration’s executive actions on immigration announced in November 2014. Many had hoped that the guidance, and its potential to make waivers available to more people, could help remove obstacles to obtaining legal permanent status in the United States. The guidance is in draft form only and has not gone into effect. USCIS now is seeking the public’s feedback, with comments due by November 23, 2015. Following review of the comments, USCIS will issue a final version.

The immigration laws contain several waivers that allow noncitizens to overcome certain bars to admission (such as having unlawful presence in the United States) where certain family members (called “qualifying relatives”) would suffer “extreme hardship.” The immigration statute, however, does not define the term “extreme hardship.” Over the years, the agency has failed to apply the hardship standard consistently. In a November 20, 2014 memo, Secretary of Homeland Security Jeh Johnson directed USCIS Director Leon Rodriguez to “clarify the factors that are considered by adjudicators in determining whether the ‘extreme hardship’ standard has been met.” In issuing such a directive, his intent was clear: “It is my assessment that additional guidance about the meaning of the phrase ‘extreme hardship’ would provide broader use of this legally permitted waiver.”

Whether the final guidance will achieve the goal of “broader use” of the waiver remains to be seen. The draft guidance, in […]

Changes to the Visa Bulletin for October 2015

Visa Bulletin For October 2015

Number 85
Volume IX
Washington, D.C

View as Printer Friendly PDF

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers duringOctober for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated in this bulletin, individuals seeking to file applications for adjustment of status with U.S. Citizenship and Immigration Services (USCIS) in the Department of Homeland Security must use the “Application Final Action Dates” charts below for determining when they can file such applications. This bulletin may indicate the ability for such individuals to instead use the “Dates for Filing Visa Applications” charts, when USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas. Applicants for adjustment of status may refer to USCIS for additional information by visiting www.uscis.gov/visabulletininfo.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by September 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced […]

USCIS Announces Revised Procedures for Determining Visa Availability for Applicants Waiting to File for Adjustment of Status

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process 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.

This 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 are issued annually as intended by Congress, and minimize month-to-month fluctuations in Visa Bulletin final action dates.

The Visa Bulletin revisions implement November 2014 executive actions on immigration announced by President Obama and Secretary of Homeland Security Johnson, as detailed in the White House report, Modernizing and Streamlining Our Legal Immigration System for the 21st century, issued in July 2015.
What is Changing
Two charts per visa preference category will be posted in the DOS Visa Bulletin:

Application Final Action Dates (dates when visas may finally be issued); and
Dates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, in coordination with DOS, USCIS will monitor visa numbers and post the relevant DOS Visa Bulletin chart. Applicants can use the charts to determine when to file their Form I-485, Application to Register Permanent Residence or Adjust Status.

To determine whether additional visas are available, USCIS will compare the number of visas available for the remainder of the fiscal year with:

Documentarily qualified visa applicants reported by DOS;
Pending adjustment of status applications reported by USCIS; and
Historical drop off rate (for example, denials, withdrawals, abandonments).

About the Visa Bulletin
DOS publishes current immigrant visa […]

DHS Announces Temporary Protected Status for Yemen

DHS Announces Temporary Protected Status Designation for Yemen
Release Date: September 03, 2015

WASHINGTON—Secretary of Homeland Security Jeh Johnson announced his decision to designate Yemen for Temporary Protected Status (TPS) for 18 months due to the ongoing armed conflict within the country. Yemen is experiencing widespread conflict and a resulting severe humanitarian emergency, and requiring Yemeni nationals in the United States to return to Yemen would pose a serious threat to their personal safety. As a result of Yemen’s designation for TPS, eligible nationals of Yemen residing in the United States may apply for TPS with U.S. Citizenship and Immigration Services (USCIS). The Federal Register notice posted today provides details and procedures for applying for TPS.

The TPS designation for Yemen is effective September 3, 2015, and will be in effect through March 3, 2017. The designation means that, during the designated period, eligible nationals of Yemen (and people without nationality who last habitually resided in Yemen) who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period begins today and runs through March 1, 2016.

To be eligible for TPS, applicants must demonstrate that they satisfy all eligibility criteria, including that they have been both “continuously physically present” and “continuously residing” in the United States since September 3, 2015. Applicants also undergo thorough security checks. Individuals with certain criminal records or who pose a threat to national security are not eligible for TPS. The eligibility requirements are fully described in the Federal Register notices and on the TPS Web page at www.uscis.gov/tps.

Applicants may request that USCIS waive any or all TPS-related fees based on inability to pay by filing Form I-912, Request for […]