Posted on

US Citizen Spouses and Children of Undocumented Immigrants Now Eligible for Stimulus Checks & other Immigration News for December 31, 2020

american money laying on a table

US Citizen Spouses and Children of Undocumented Immigrants Now Eligible for Stimulus Checks & other Immigration News for December 31, 2020

american money laying on a table

Peri B. Edelman | December 31, 2020

My clients know that I am there for them day or night. Twice this week, I was emailing with different clients at close to midnight to send me evidence as their respective cases had to be filed before the new year. Of course, the cases were sent to the USCIS timely. This year was challenging due to the pandemic, however, 2021 is a new beginning. Happy New Year!

Here is recent immigration news:

US Citizen Spouses and Children of Undocumented Immigrants Will Finally Get Stimulus Checks

US Citizen Spouses and Children of Undocumented Immigrants are now eligible for stimulus checks under a $900 billion coronavirus relief package signed by President Trump over the weekend. Now, US citizens and green card holders who filed a joint tax return with an undocumented spouse will receive a check for $600, as well as $600 per dependent child. The benefits phase out for individuals making more than $75,000 and couples making more than $150,000.

Department of State Releases January 2021 Visa Bulletin

The first preference category for Mexico and the Philippines advanced slightly, with the new dates set at January 15, 1998 and January 1, 2012 respectively. All other areas remain at September 15, 2014.

U.S. Supreme Court Found that it Lacked Jurisdiction to Decide Census Case

The Supreme Court took no action on President Donald Trump's plan to exclude undocumented migrants from the census figures used to calculate each state's representation in Congress. The Court remanded Trump v. New York, 2020 WL 7408998 (U.S. 2020), one of three cases enjoining the Executive Branch apart from the President from implementing the memorandum policy, to the district court to dismiss for lack of jurisdiction.

EOIR Publishes Final Rule on 15-Day Asylum Application Deadlines and Procedures

The Executive Office for Immigration Review (EOIR) has published a final rule, which takes effect on January 15, 2020, to apply for asylum, withholding of removal, or protection under the Convention Against Torture (CAT). Under the final rule, a migrant in proceedings under 8 CFR § 1208.2(c)(1) or 8 CFR § 1208.2(c)(2) must apply for asylum, withholding, or CAT protection within 15 days of his or her first hearing before an IJ or the opportunity to apply will be deemed waived.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

Posted on

President-Elect Biden Announces New Policies & other Immigration News for December 18, 2020

Immigrants Make America Great Pro Immigrant Protest Signs in Crowd

President Elect Biden Announces New Policies & other Immigration News for December 18, 2020

Immigrants Make America Great Pro Immigrant Protest Signs in Crowd

Peri B. Edelman | December 18, 2020

One of my clients came back from El Salvador last week with a green card after he was living in the United States for more than 22 years without status.

He was only in his home country for 3 weeks to pick up his visa. This happened during the pandemic. Difficult cases are my specialty.

The Trump Administration Lost an H-1B Visa Case for 3rd Time in December

On December 14, 2020, a U.S. District Judge ruled the U.S. Department of Labor (DOL) violated the Administrative Procedure Act (APA) when it claimed a “good cause” exception to publish a rule without public comment to inflate the required minimum wage for H-1B visa holders and employment-based immigrants. The decision ordered the DOL “to reissue any prevailing wage determinations issued on or after October 8, 2020 under the wage methodology” of the now unlawful DOL wage rule.

President Elect Biden Released Two Immigration Policy Plans on Wednesday

In his 100 days, Biden will undo the “horrific” and “cruel and senseless” policies enacted by President Trump like the separation of parents and children at the border, and end for-profit detention centers.

Biden’s immigration plan promises to reform the asylum system, end Trump’s Muslim ban and review Temporary Protected Status for those who have fled a violent country. It would also end the Trump-declared “national emergency” being used to redirect federal dollars to build the border wall.

Final Rule Adopts EOIR Fee Increases

A final rule from the Executive Office for Immigration Review (EOIR) has adopted without change the increased fees in a February 2020 proposed rule. This is EOIR's first revision of its fee schedule since 1986. The fee changes are:

  • Form EOIR-26 (Notice of Appeal From a Decision of an Immigration Judge), from $110 to $975
  • Form EOIR-29 (Notice of Appeal to the Board of Immigration Appeals From a Decision of a DHS Officer), from $110 to $705
  • Form EOIR-42A (Application for Cancellation of Removal for Certain Permanent Residents), from $100 to $305
  • Form EOIR-42B (Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents), from $100 to $360
  • Motion to reopen or reconsider, from $100 to $145 if filed before the Office of the Chief Immigration Judge, and to $895 if filed with the Board of Immigration Appeals

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

Posted on

DACA Rules Revert Back to Pre-Trump Policy & other Immigration News for December 11, 2020

Two DACA children sit together in a field of American Flags

DACA Rules Revert Back to Pre-Trump Policy & other Immigration News for December 11, 2020

Two DACA children sit together in a field of American Flags

Peri B. Edelman | December 11, 2020

In the past week, there has been only good news for immigrants. Trump’s executive actions have not survived judicial actions. Here are the following highlights of the week:

DACA Rules Revert Back to Policy Prior to September 5, 2017

This reproduced verbatim from the news at USCIS.gov

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 signed by Acting Secretary Chad F. Wolf.  On December 4, 2020, Judge Garaufis required the Department of Homeland Security (DHS) to take certain actions to implement his November 14 opinion. As a result, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.

USCIS will take appropriate steps to provide evidence of the one-year extensions of deferred action and employment authorization documents under DACA to individuals who were issued documentation on or after July 28, 2020, with a one-year validity period under the Wolf Memorandum.

New York District Court Orders Initial Master Calendar Hearings Within 10 Days of Detention for Removal

A federal district court ruled that Fifth Amendment procedural due process requires that immigration detainees receive an initial master calendar hearing within 10 days of their arrest by Immigration and Customs Enforcement (ICE) Perez v. Decker, 2020 WL 7028637 (S.D. N.Y. 2020).

This case sparks a great change. It used to take months in some cases to schedule an initial master calendar hearing while a person was detained. Now, a detained immigrant will get a hearing within ten days of being detained.

For more on how my office can help you or your family member with deportation and removal defense, contact my office.

District Court Invalidates New H-1B Rules

On December 1, 2020, a district court set aside a pair of rules changing prevailing wage calculations and tightening other requirements for the H-1B special occupations program. The court in Chamber of Commerce of U.S. v. U.S. Department of Homeland Security, 2020 WL 7043877 (N.D. Cal. 2020), found that the government violated the Administrative Procedure Act USCIS stated that it will fully comply with the court’s decision.

This is sign of relief for organizations who want to hire H-1B non-immigrants.

US Department of Homeland Security (DHS) Extends TPS Document Validity for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan

The Department of Homeland Security (DHS) has extended the validity of employment authorization documents (EADs) of through October 4, 2021, Form I-797 Notices of Action, and Form I-94 Arrival/Departure Records for beneficiaries of the temporary protected status (TPS) designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan. These documents were set to expire on January 4, 2021.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.

Posted on

Increase in Biometric Appointments for Green Cards & other Immigration News for December 4, 2020

Balcony with American Flags Inside Ellis Island Building

Increase in Biometric Appointments for Green Cards & other Immigration News for December 4, 2020

Balcony with American Flags Inside Ellis Island Building

Peri B. Edelman | December 4, 2020

Biometric Appointments are Being Scheduled for Adjustment of Status (Green Card) and Provisional Unlawful Presence Waiver Cases

We came back from the Thanksgiving holiday to dozens of biometric (fingerprint) appointments for Adjustment of Status (Green Card) cases scheduled by the U.S. Citizenship and Immigration Services.

I have noticed that the USCIS is starting to move faster since the election.

This year, the USCIS claims that it modernized biometrics collection and biometrics use to include identity verification, secure document production and records management to protect individuals against identity theft.

President-Elect Biden Views Obama’s Mass Deportations as a “Big Mistake”

Over 3 million individuals were deported under the Obama Administration primarily through expedited removal at the United States/Mexican border. The Trump administration instituted more than 400 draconian immigration executive actions.

President-Elect Biden has said he would govern differently from President Barack Obama, and he has stated that deporting people who had not committed any crime other than crossing the border was a "big mistake".

Biden’s immediate plan on immigration enforcement is to halt deportations for the first 100 days of his presidency.

Board of Immigration Appeals (BIA) Limits Appellate Court TPS Decisions to Adjustment of Status Cases

Different appellate courts have held different decisions in this area.

The Board of Immigration Appeals (BIA) ruled in Matter of Padilla Rodriguez, 28 I. & N. Dec. 164 (B.I.A. 2020), that those foreign nationals are “admitted” into the U.S. only for purposes of adjustment of status to lawful permanent residence and only within the 6th, 8th, and 9th Circuits. (The 3rd and 11th Circuits have held that TPS is not admission for any purpose.) The BIA stated that once TPS terminates, an individual who was not otherwise admitted or paroled into the U.S. remains inadmissible and subject to removal proceedings.

This newsletter is a general information regarding recent changes in immigration law. Every matter is different. If you believe a recent change applies to you, please contact my office. If you know someone who it applies to, please refer them to my office. Thank you.

Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.