By Cyrus D. Mehta and Kaitlyn Box* On June 7, 2021, the Supreme Court decided Sanchez v. Mayorkas, holding that a grant of Temporary Protected Status (TPS) does not constitute an admission under INA § 245(a) for purposes of adjustment of status. Though overall a disappointing decision, the Court’s opinion may nonetheless leave open some […]
On May 18, 2021, the State Department issued guidance broadening the path for transmission of US citizenship to a child born abroad to married parents. The guidance is reproduced below: Recognizing the advances in assisted reproductive technology the State Department is updating our interpretation and application of Section 301 of the Immigration and Nationality Act […]
In response to the Biden administration’s invitation to comment, I submitted several proposals to reform the immigration system through executive actions so that many can be quickly helped without waiting for Congress to act. You too can submit a proposal by May 19, 2021 at https://www.regulations.gov/document/USCIS-2021-0004-0001 May 19, 2021 Samantha Deshommes Regulatory Coordination Division […]
By Cyrus D. Mehta On May 5, 2021, the majority opinion in the Third Circuit Court of Appeals decision in Sanchez v. Attorney General followed two other circuit courts in holding that an Immigration Judge (IJ) has the authority to administratively close cases. If there is a case that is deserving for an IJ to […]
By Cyrus D. Mehta and Kaitlyn Box* In previous blogs we have discussed the Trump administration’s numerous COVID travel bans that were extended by President Biden, and provided suggestions for overcoming them. On Friday, April 30, 2021, a new COVID-related travel ban was implemented, this time by the Biden Administration. President Biden issued a Presidential […]
By Cyrus D. Mehta and Kaitlyn Box* COVID-related restrictions have caused difficulties for many noncitizens traveling abroad during the pandemic, but lawful permanent residents (LPRs) who traveled overseas in recent months face a unique set of issues. Many LPRs who traveled overseas in the early days of the COVID-19 pandemic quickly became trapped there for […]
By Cyrus Mehta and Isabel Rajabzadeh* Although H-4 and L-2 extensions continue to be delayed since our last blog “Coping with Delays Facing H-4 and L-2 Spouses”, we highlight another issue, which adds further hardship for H-4 and L-2 spouses faced with unjust processing delays. In October 2020, the EB-3 Dates for Filing in the […]
By Cyrus D. Mehta & Isabel Rajabzadeh* In March 2019, the Trump administration implemented a new biometrics requirement for some employment-based and nonimmigrant dependents. H-4 and L-2 dependents must complete biometrics each time an extension of status is filed on Form I-539. This superfluous mandate, paired with the already backlogged queue due to Covid-19 processing […]
By Cyrus D. Mehta and Kaitlyn Box* On March 30, 2021, USCIS announced that it had received sufficient H-1B registrations during the initial period to reach the Fiscal Year 2022 cap, including Master’s Cap registrations. All prospective petitioners whose registrations were selected should now have been notified. These petitioners may file H-1B petitions for the […]
By Cyrus D. Mehta One of the unresolved conundrums in our immigration law is the inability of children of lawful permanent residents to be protected under the Child Status Protection Act (CSPA) when their parents naturalize to US citizenship. The CSPA was enacted to ensure that a child remained under the age of 21 in […]
