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Supreme Court Sides with Undocumented Immigrant Fighting Deportation – Immigration News for April 30, 2021

Woman With An American Flag

Supreme Court Sides with Undocumented Immigrant Fighting Deportation - Immigration News for April 30, 2021

Woman With An American Flag

Peri B. Edelman | April 30, 2021

This was a great week for a few of my clients—5 of them were issued their green cards, and 1 was approved for an H-1B non-immigrant visa. With all the 5 people who were issued their respective green cards, I was their second or third attorney. Their previous attorneys were unsuccessful, and they came to me as their last hope. They are all so happy and can not wait to visit their family in their home countries, and that they have the legal ability to work in the United States.

Supreme Court Sides with Undocumented Immigrant Fighting Deportation

Yesterday, Gorsuch, writing for the 6-3 majority, held that the US government had erred by sending two documents to the immigrant instead of one. He explained that the Illegal Immigration Reform and Immigrant Responsibility Act says that an undocumented immigrant seeking to fight removal can be served with a “Notice to Appear." But here, the immigrant was sent two Notices to Appear with different information. Gorsuch was joined by conservative Thomas, Justice Amy Coney Barrett and the three liberals on the Court in the 6-3 decision.

Biden Recommends Watered Down Immigration Bill to Facilitate Passage

President Biden urged Congress to help bring an “end to our exhausting war on immigration,” saying that if they won’t pass his comprehensive bill, they should at least approve pieces of it “this year.” Those include a citizenship path for immigrants brought illegally to the U.S. as children (DACA) recipients, farm workers and those with Temporary Protected Status (TPS). 

DHS Ends Fines as Penalties for Unlawful Presence

On April 23, 2021, the U.S. Department of Homeland Security (DHS) rescinded the authority for Immigration and Customs Enforcement (ICE) to impose civil financial penalties on noncitizens who fail to leave the U.S. DHS said ICE stopped issuing such penalties on the first day of the Biden administration. The rescission marks ICE's latest action toward focusing its limited resources on those noncitizens posing the greatest risk to national security and public safety in accordance with its guidance on civil immigration enforcement and removal priorities, which were issued on Feb. 18, 2021.

Executive Office for Immigration Review (EOIR) Operations Status

In New York City, hearings in non-detained cases are postponed through and including June 11, 2021. For my cases that were scheduled for April and May 2021, some have already been scheduled, others I am still waiting for the court to reschedule. Please be patient.

Department of Justice (DOJ) Rescinds Trump Administration “Sanctuaries City” Policy

Attorney General Merrick Garland has rescinded a Trump-era 2017 memo limiting $250 million in funding to local police departments if they did not agree to work with Immigration and Customs Enforcement officials.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

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.

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Supreme Courts Appears Unlikely to Allow Holders of Temporary Protected Status to Seek Adjustment of Status – Immigration News for April 23, 2021

Supreme Courts Appears Unlikely to Allow Holders of Temporary Protected Status to Seek Adjustment of Status - Immigration News for April 23, 2021

statue-of-liberty

Peri B. Edelman | April 23, 2021

Supreme Courts Appears Unlikely to Allow Holders of Temporary Protected Status (TPS) to Seek Adjustment of Status

The issue before the Supreme Court is whether approximately 400,000 immigrants who hold TPS from 12 different countries such as El Salvador, Yemen, Honduras, and Syria could adjust their status to legal permanent residence also known as a “green card.” Under TPS, the USCIS has allowed those recipients to stay here due to unsafe conditions is their home countries.

Lower courts are divided about whether those who entered the country illegally meet a requirement of the law whether they were “inspected and admitted or paroled into the United States” which is required to become a legal permanent resident in the United States.

Given the fact the most holders of Temporary Protected Status entered the United States without being “inspected and admitted or paroled into the United States,” the Supreme Court is likely to leave it Congress to change the law.

U.S. Adds 116 Countries to its “Do Not Travel” Advisory List

The U.S. State Department has added at least 116 countries this week to its “Level Four: Do Not Travel” advisory list, putting the UK, Canada, France, Israel, Mexico, Germany, and others on the list, citing a “very high level of COVID-19.” 

 On Monday, the State Department said it would boost the number of countries receiving its highest advisory rating to about 80% of countries worldwide. 

ICE, CBP to stop using “Illegal alien” and “Assimilation” Under New Policy

U.S. immigration enforcement agencies will stop using terms such as “alien,” “illegal alien” and “assimilation” when referring to immigrants in the United States. Now, “alien” will become “noncitizen or migrant,” “illegal” will change to “undocumented,” and “assimilation” will change to “integration.” 

Phony Immigration Attorney Receives Sentence of 20 Years in Federal Prison

On April 13, 2021, Senior U.S. District Judge Virginia M. Hernandez Covington sentenced Elvis Harold Reyes, who portrayed himself to be an immigration attorney and was never an attorney, to 20 years and 9 months in federal prison for mail fraud and aggravated identity theft. Reyes’ sentence was based on a scheme in which he posed as an immigration attorney and filed hundreds of fraudulent asylum applications.

Reyes filed fraudulent immigration applications in the victims’ names, seeking asylum relief and withholding-of-removal protections provided for under the United Nations Convention Against Torture. In doing so, Reyes falsified answers to questions in the asylum applications—fabricating stories about threats, persecution, and the applicants’ fear of returning to their native countries. The victims were not informed of the answers Reyes provided on their behalf. In addition, Reyes did not tell the victims about the legal, administrative, and other immigration-related consequences that might follow from filing for asylum relief or for Convention Against Torture protection.

Unscrupulous consultants and attorneys frequently take advantage of vulnerable immigrants coming to the U.S. Immigrants seeking visas and green cards must avoid these scams to prevent long-term consequences to their immigration status. Many clients have come to my office as victims of these schemes from actual attorneys.  I have been flabbergasted over the years by this behavior.  It is a travesty.   

Former President George Bush Continues to Press for Immigration Reform

Former President George W. Bush said Sunday that Congress should tone down its "harsh rhetoric about immigration" and pass comprehensive reforms, which he bemoaned he could not get through when he was president. The former president made immigration a significant part of his second-term agenda, giving a major 2006 speech laying out his vision for a strict but welcoming immigration system. In 2007, the former president unsuccessfully pushed for an overhaul of the US immigration system and has stated that failure to act on immigration is one of the great regrets of his presidency.  

When I was a young attorney, an acquaintance, who had a significant rank in the Republican party, asked if I would provide Immigration Reform suggestions for the George W. Bush 2000 Presidential platform. A couple of my recommendations were used in that campaign. I was honored to attend the Republican National Convention in Philadelphia in 2000. 

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

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.

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New Lawsuit Challenges Biden Administration Covid-19 Visa Policies – Immigration News for April 16, 2021

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New Lawsuit Challenges Biden Administration Covid-19 Visa Policies - Immigration News for April 16, 2021

Wooden Gavel

Peri B. Edelman | April 16, 2021

New Lawsuit Challenges the Biden Administration Covid-19 Visa Policies

A new lawsuit challenges the State Department’s refusal to issue visas in countries the Biden administration maintains coronavirus-related restrictions on entering the United States. Immigration attorneys argue that the current policy is not advancing public health since entering the United States must show a negative Covid-19 test result prior to flying to the United States. Further, individuals in certain visa categories and individuals with previously issued valid visas are permitted to enter America, while other individuals in other categories are refused visas.

F-1 Students Seeking Optional Practical Training (OPT) Can Now File Form I-765 Online

On Monday, the U.S. Citizenship and Immigration Services announced that F-1 students seeking optional practical training (OPT) can now file Form I-765 Application for Employment Authorization, online if they are filing under one of these categories:

  • (c)(3)(A) – Pre-Completion OPT;
  • (c)(3)(B) – Post-Completion OPT; and
  • (c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering, and mathematics (STEM) students.

OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

Biden Administration Faces Huge Visa Backlogs

As background, in March 2020, citing the Covid-19 pandemic, the State Department suspended routine visa services at embassies and consulates around the world. In April 2020, President Trump issued and twice extended a proclamation suspending the entry of most immigrants who didn't already have valid visas until March 31, 2021. The State Department interpreted the bar on entry as also stopping it from issuing most immigrant visas, according to lawsuits against the agency. Although, by July, former Secretary of State Pompeo began permitting consulates and embassies reopen for limited visa operations, most remained closed for all but emergency services, State Department legal filings show.

In legal filings, the State Department stated that because of illnesses and other issues, after Pompeo gave posts the option to reopen, in August 2020, more than two thirds of the 143 US consular posts didn't schedule a single immigrant visa interview. Even by January 2021, a third of consulates and embassies still were unable to schedule a single visa interview.

In February 2017, according to Rebecca Austin, assistant director of the National Visa Center at the State Department, there was a backlog of 2,312 family-preference visa applications. Over the next three years, that backlog more than doubled and doubled again, reaching 26,737 by Feb. 8, 2020. Then, by February 8 of this year (due to pandemic closures), the backlog has grown to nearly 285,000, she said in a declaration to a federal court in California.

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. To learn more about the immigration help I can provide, visit my Services page. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

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.

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ICE Deportations & Arrests Fall Sharply – Immigration News for April 9, 2021

Two Women Draped In American Flag

ICE Deportations & Arrests Fall Sharply - Immigration News for April 9, 2021

Two Women Draped In American Flag

Peri B. Edelman | April 9, 2021

Deportations and Arrests Fall Sharply

ICE has significantly decreased its arrests and deportations of immigrants in the United States during the Biden Administration, as the new administration redirects enforcement within the U.S. to focus on those with a criminal record. ICE’s detention of immigrations—which was above 56,000 in 2019, fell to 14,000 in March 2021.

U.S. Department of State Issues Update Regarding Public Charge Rule

The Department of State (DOS) has posted an update related to the change in the public charge ground of visa ineligibility. The DOS notes that the U.S. Department of Homeland Security (DHS) has reinstated Form I-864W, Request for Exemption for Intending Immigrant's Affidavit of Support, which allows certain applicants to seek an exemption from the affidavit of support requirement.

These applicants include:

  1. individuals who have earned or can receive credit for 40 quarters of coverage under the Social Security Act (SSA)
  2. children who will become U.S. citizens upon entry to the United States
  3. self-petitioning widow(er)s, and
  4. self-petitioning battered spouses and children

The Justice Department Plans to Speed Up Immigration Court Cases

On April 2, 2021, the U.S. Department of Justice U.S. Department of Justice's Executive Office for Immigration Review (EOIR) issued a new policy. It is permitting non-detained individuals with attorneys to skip master calendar hearings (initial hearing) and go right into the briefing stage of the pleadings.

According to the EOIR, the new process will be available for individuals who notify the court of their representation at least 15 days from a calendar hearing. Instead of conducting that preliminary hearing, an immigration judge will issue a scheduling order, setting deadlines for written pleadings and to provide evidence for or against removal. Immigration attorneys have argued that it is a violation of due process. Currently, the immigration courts have over a 1.3 million case backlog.

Department of Homeland Security Plans on “Going After” Smugglers Fueling Migrant Surge on Mexico Border

The U.S. government plans in the next 90 days on “going after” smuggling and trafficking organizations that the Biden Administration accuses of manipulating migrants into traveling to the U.S.-Mexico border.

The U.S. government plans in the next 90 days on “going after” smuggling and trafficking organizations that the Biden Administration accuses of manipulating migrants into traveling to the U.S.-Mexico border.

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. To learn more about the immigration help I can provide, visit my Services page. Thank you.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

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.

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H-1B Cap Season Update for Fiscal Year 2022 – Immigration News for April 2, 2021

White House In Washington DC

H-1B Cap Season Update for Fiscal Year 2022 - Immigration News for April 2, 2021

White House In Washington DC

Peri B. Edelman | April 2, 2021

H-1B Cap Season Update for Fiscal Year (FY) 2022

On March 30, 2021, U.S. Citizenship and Immigration Services (USCIS) announced it received enough electronic registrations during the initial registration period to reach the FY 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master's cap). USCIS randomly selected from among the registrations properly submitted to reach the cap. USCIS has notified all prospective petitioners with selected registrations that they are eligible to file an H-1B cap-subject petition for the beneficiary named in the applicable selection registration.

Petitioners filing H-1B cap-subject petitions, including those petitions eligible for the advanced degree exemption, must still establish eligibility for petition approval at the time the petition is filed and through adjudication, based on existing statutory and regulatory requirements. It shall be noted that selection in the registration process does not relieve the petitioner from submitting evidence or otherwise establishing eligibility, as registration only pertains to eligibility to file the H-1B cap-subject petition.

DHS Extends Form I-9 Requirement Flexibility

On March 31, 2021, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19. This temporary guidance was set to expire on March 31. As a result of ongoing COVID-19 precautions, DHS has extended the Form I-9 flexibility policy until May 31, 2021.

The Term “Alien” Will No Longer be Used in the Immigration Policy Manual

USCIS officials are planning to remove references to immigrants as “aliens” in the agency’s policy manual and replace it with the term “foreign nationals.”

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.

Disclaimer: This newsletter is a public resource of general information only and may not reflect current legal developments, verdicts or settlements. This website should not be construed as legal advice on any subject matter. The information provided to you at this website is not intended to create and does not create an attorney-client relationship with Peri B. Edelman. Readers are responsible for obtaining such advice from their own legal counsel. Visitors to this website should not act, or refrain from acting, based upon any information available via this website, and should always seek the advice of competent counsel in the relevant jurisdiction. The existence of any particular link is intended solely to provide viewers with information which may be of interest to them. Peri B. Edelman takes no responsibility for the content or accuracy of information contained on a linked site. Please be advised that information conveyed over the Internet may not be secure. Any information sent to the law office of Peri B. Edelman via electronic mail or through this website is not secure and is done so on a non-confidential basis. You're sending Peri B. Edelman or any of the firm’s personnel an email through this site does not create an attorney-client relationship. Peri B. Edelman expressly disclaims any and all liability with regard to actions taken or not taken based upon the content of this website.

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.