Tag: Immigration News

Latest News in US Immigration Developments

Posted by Staff on with 0 Comment

4/19/2024

  1. Recent Developments in U.S. Immigration Laws. Visa Fees for International Artists Surge:
    • In April, the United States Citizenship and Immigration Services (USCIS) implemented a 250% increase in visa fees for international artists touring in the U.S. This move has raised concerns among performers and event organizers, potentially impacting cultural exchange and artistic collaborations.
  2. EB-5 Investor Visa: Balancing Legal Requirements and Financial Commitments
    • Aspiring immigrants considering the EB-5 investor visa face both legal requirements and financial commitments. Navigating this program involves understanding the intricacies of investment thresholds, job creation, and the path to permanent residency in the United States.
  3. Mental Health of Immigrants at the Texas Border
    • Germán A. Cadenas, an expert in immigration and mental health, recently visited the Texas border. His insights shed light on the well-being of immigrants facing challenging circumstances as they seek safety and opportunity in the U.S.
  4. U.S. and China Collaborate on Deportations
    • High-level talks between the U.S. and China aim to address the rising number of Chinese nationals crossing the U.S.-Mexico border without authorization. The negotiations come as the figure surged to 24,000—an elevenfold increase from the previous year.
  5. Legal Battles and Advocacy
    • Detention Lawsuit: A company assisting immigrants in detention was ordered to pay over $811 million in a lawsuit alleging deceptive tactics.
    • ICE Solitary Confinement: Immigration officials are urged to end the misuse of solitary confinement, which violates international norms.
    • Michigan Lawmaker’s Controversial Remark: A Michigan GOP lawmaker falsely labeled March Madness athletes as “illegal invaders” on social media.
    • Haitian Migrants: Advocates express outrage over the treatment of Haitian migrants, but the Biden administration has no immediate plans to change its approach.
    • Abortion Laws and Sexual Violence: Migrant women raped before crossing the border grapple with restrictive U.S. abortion laws.

Conclusion

The landscape of U.S. immigration remains dynamic, with policy changes, legal battles, and human stories intersecting. As the nation navigates these complexities, it is essential to balance security, compassion, and justice.

What is the 30-60-90 day rule for immigration (USCIS)?

Posted by Ammar Alo, Esq. on

After an interesting debate this week, between immigration attorneys on Facebook, I’ve learned that I am a lot more risk-averse than others.

This stems from a question an attorney posted, asking whether it is a good idea to file for Adjustment of Status (Permanent Residence) for parents of a US citizen who arrived in the US as visitors. The problem is not the filing, but the timing of the filing. These clients wanted to file a week after their arrival in the US.

The issue here is whether a USCIS officer deciding their case will assume they had “Immigrant Intent” when they came in as “Visitors”, and whether the officer can charge them with “fraud or misrepresentation”.

For the last 15 years of practice, I have always abided by “30/60/90 day rule”. In essence, we don’t file any Permanent Residence applications within 90 days of a visitor’s arrival in the US, unless there is a VERY good reason, ex. expiring status. This is what most immigration attorneys did.

If a USCIS officer finds “Fraud or Misrepresentation”, the person applying could be permanently barred from entering the US again.

Why risk a finding like this? Why not wait? Why try to fight USCIS, when you could have just waited a few weeks? I believe you are doing clients a disservice when you don’t advise them to wait. Isn’t that our job as attorneys, to give the best advice?

Many of those arguing for not waiting the 90 days cite a case “Matter of Cavazos” from 1980, where the BIA decided that notwithstanding preconceived intent, adjustment of status should ordinarily be granted for immediate relatives absent other negative factors.

While this is true, a USCIS officer could find other “negative factors” when they grill your client at their interview.

My advice to young immigration attorneys out there, wait the 90 days, and don’t get pushed around by eager clients. If they don’t want to wait, and you still take on the case, make it clear in your agreements that they have been advised of the risk, and that you are not responsible if it all goes wrong.