Congress Plans to Consider Stand-Alone Immigration Bills - Immigration News for March 5, 2021
When I attended an adjustment of status interview (green card) interview on Monday, an Immigration Services Officer informed me that the New York City office pre-pandemic held 500 interviews per day, and since Summer 2020, it has held 200 interviews per day. Therefore, green card cases in New York City are taking longer to process. Please be patient. If you or someone you know want to file for a green card, now is the time!
Congress Plans to Consider Stand-Alone Immigration Bills, Not Biden’s Comprehensive Immigration Bill
On Tuesday, House Majority Leader announced that the chamber would take up immigration legislation during the week of March 15, following a push for an “immigration week” by the Congressional Hispanic Caucus. Sources take that these bills could find bipartisan support:
Pathway to legal permanent residence and then citizenship for DACA holders also known as “Dreamers.”
Provide legal permanent residence to farmworkers who can provide work history and the opportunity to apply for citizenship after three years.
Expand business immigration through proposed initiatives including raising the cap on employment-based immigrants, not counting spouses and children in employment-based green card limits; and eliminating from immigration caps graduates from U.S. universities with doctoral degrees in STEM fields.
Pathway to legal permanent residence and then citizenship for Temporary Protected Status (TPS) recipients.
Trump Kept out Diversity Visa Recipients to Protect American Jobs. Now, They are Getting Green Cards
Ending a ban on legal immigration imposed last year, President Joe Biden reopened the country last week to thousands of people who won the 2020 Diversity Immigrant Visa Program but couldn’t come to the U.S. because of an order issued by former President Donald Trump. Biden’s stated that Trump’s order, aimed at protecting American jobs during the pandemic, did “not advance the interest of the United States.”
Supreme Court Makes it More Challenging for Some Immigrants to Fight Deportation
On Thursday, the Supreme Court made it harder for longtime immigrants who have been convicted of a crime to avoid deportation. Justice Neil Gorsuch wrote the opinion for a 5-3 conservative majority that ruled against a Mexican citizen who entered the U.S. illegally and has lived in the country for 25 years.
The man, Clemente Avelino Pereida, had been charged in Nebraska with using a fraudulent Social Security card to get a job and convicted under a state law against criminal impersonation. Gorsuch wrote, under immigration law, “certain nonpermanent aliens seeking to cancel a lawful removal order must prove that they have not been convicted of a disqualifying crime.”
Many immigrants who have been convicted of crimes are entitled to a Waiver of Inadmissibility. I have successfully prevailed on hundreds of waivers. Cancellation of removal is a relief from removal (deportation) where an immigrant cannot be convicted of a serious crime.
H-1B Electronic Registration Process Begins on March 9, 2021
Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible for the advanced degree exemption, must first electronically register and then pay the associated $10 H-1B registration fee for each beneficiary. Under this process, prospective petitioners (also known as registrants), and their authorized representatives, who are seeking authorization to employ H-1B workers subject to the cap, complete a registration process that requires only basic information about the prospective petitioner and each requested worker.
The initial registration period for FY 2022 will open at 12pm EST on March 9th and close at 12pm EST on March 25.
DOS Holds Briefing on Current Status of Immigrant Visa Processing at Embassies and Consulates
On Monday, Acting Deputy Assistant Secretary for Visa Services Julie Stufft provided an update on the current status of immigrant visa processing at U.S. embassies and consulates globally. Ms. Stufft provided some statistical information: “In January 2020 there were about 75,000 immigrant visa cases pending at the National Visa Center ready for interviews. Thirteen months later, in February 2021, there were 473,000 - about six to seven times greater.” Further, the numbers do not represent all cases, she noted. For example, cases already at embassies and consulates that have not yet been interviewed, applicants still gathering the necessary documents before they can be interviewed, and petitions awaiting USCIS approval are not included in the total.
Ms. Stufft noted that while Trump’s rule has been rescinded, “there are still restrictions in place on visa issuance and entry into the United States for individuals physically present in those countries, which are China, Iran, Brazil, UK, Ireland, South Africa, and the 26 countries of the Schengen Area.” However, she added, there is a blanket exception to these geographical restrictions for individuals who possess valid FY2020 diversity visas. The Embassies have been scheduling interviews.
Some of my clients have received interview appointments. When your interview appointment is scheduled, the National Visa Center (NVC) and my office will notice you immediately. Mexico is taking a very long time to schedule visa interviews. Again, please be patient.
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.
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