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USCIS Updates Fee Waiver Requirements

  • By: USCIS
  • Date: 10/25/19

"U.S. Citizenship and Immigration Services has revised Form I-912, Request for Fee Waiver, by removing the means-tested benefit criteria that was previously used as a factor in determining whether an applicant was exempt from paying for filing fees or biometric services. Individuals may still request a fee waiver if their documented annual household income is at or below 150% of the Federal Poverty Guidelines or they demonstrate financial hardship."

Matter of THOMAS and THOMPSON, 27 I&N Dec. 674 (A.G. 2019)

  • By: U.S. Attorney General
  • Date: 10/25/19

Decision by the Attorney General:

(1) The tests set forth in Matter of Cota-Vargas, Matter of Song, and Matter of Estrada will no longer govern the effect of state-court orders that modify, clarify, or otherwise alter a criminal alien’s sentence.

(2) Such state-court orders will be given effect for immigration purposes only if based on a procedural or substantive defect in the underlying criminal proceeding; these orders will have no effect for immigration purposes if based on reasons unrelated to the merits of the underlying criminal proceeding, such as rehabilitation or the avoidance of immigration consequences.

Matter of CASTILLO-PEREZ, 27 I&N Dec. 664 (A.G. 2019)

  • By: U.S. Attorney General
  • Date: 10/25/19

Attorney General decision:

Evidence of two or more convictions for driving under the influence during the relevant period establishes a presumption that an alien lacks good moral character under INA § 101(f), 8 U.S.C. § 1101(f).

Matter of CORDERO-GARCIA, 27 I&N Dec. 652 (BIA 2019)

  • By: Board of Immigration Appeals
  • Date: 10/18/19

(1) The crime of dissuading a witness in violation of section 136.1(b)(1) of the California Penal Code is categorically an aggravated felony offense relating to obstruction of justice under section 101(a)(43)(S) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(43)(S) (2012). Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018), followed.
(2) The holding in Matter of Valenzuela Gallardo, 27 I&N Dec. 449 (BIA 2018), may be applied retroactively

Preliminary Injunction in Children's Asylum Lawsuit (J.O.P. v. DHS, No. 19:1944)

  • By: CLINIC
  • Date: 10/15/19

On October 15, 2019, the U.S. District Court in Greenbelt, Maryland granted a preliminary injunction in J.O.P. v. DHS, No. 19:1944, a lawsuit challenging a May 31, 2019 USCIS policy limiting USCIS asylum jurisdiction over applicants previously determined to be “unaccompanied alien children.” The injunction adopts the terms of the previous TRO issued in this case, providing assurance that USCIS must continue to abide by its 2013 policy until the conclusion of the litigation or further order of the court. Please see CLINIC’s litigation webpage, linked below, for more information about the litigation and case-related documents.

What We Know About DACA Renewals

  • By: Center for American Progress
  • Date: 10/15/19

Through near-monthly public data releases by U.S. Citizenship and Immigration Services (USCIS), as well as data filed as evidence in one of the cases—Regents of the University of California, et al. v. U.S. Department of Homeland Security, et al.—the Center for American Progress has tracked renewal applications and adjudications since January 2018, when renewals reopened. This column highlights some of the key takeaways.

Public Charge Preliminary Injunction (Oct. 11, 2019)

  • By: U.S. District Court, Southern District of New York
  • Date: 10/11/19

Highlights:·

  • Nationwide injunction.
  • Effective date postponed until further Order, with October 15, 2019, to be replaced with another date upon termination of this order, if that comes to pass (meaning any benefits used in the meantime would be adjudicated under the 1999 Field Guidance, not retroactively under the new rule).·        
  • Effective date of the new Form I-944 and the updated Form I-485 are similarly enjoined.·        
  • Judge found we’re likely to succeed on constitutional as well as APA claims.·        
  • From the decision: ““The Rule is simply a new agency policy of exclusion in search of a justification.  It is repugnant to the American Dream of the opportunity for prosperity and success through hard work and upward mobility. Immigrants  have  always  come  to  this  country  seeking  a better  life  for themselves and their posterity.  With or without help, most succeed.”

Courtesy of: The Legal Aid Society of New York

FAQ - Presidential Proclamation on Entry Bar based on Healthcare

  • By: The Legal Aid Society, New York
  • Date: 10/07/19

Individuals who are abroad and seeking to enter the U.S. with immigrant visas to become lawful
permanent residents (LPRs, or green card holders) must show they either (a) will be covered by
approved health insurance within 30 days of entry or (b) have the financial resources to pay for
their reasonably foreseeable medical costs. Otherwise, they are presumed to be a “financial
burden.”

Defending Access to Justice and Due Process: Challenging the Justice Department’s New Interim Rule

  • By: Catholic Legal Immigration Network, Inc.
  • Date: 10/07/19

CLINIC’s website features a new page dedicated to the new changes at EOIR. Click below to visit the page.

Using Form N-648 to Assist Naturalization Applicants with Disabilities

  • By: Immigrant Legal Resource Center
  • Date: 10/07/19

Since August 12, 2019, USCIS only accepts the new edition of Form N-648, dated 5/23/19. Incorporating current guidance, these two practice advisories review the criteria for the N-648, address how medical providers can complete a successful N-648 for naturalization applicants, and cover procedural issues relating to completing and submitting Form N-648. The first practice advisory reviews the statutory and regulatory criteria for the disability exception. The second practice advisory describes how to complete Form N-648 in partnership with a medical professional, as well as the procedure for submitting the form.

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