Author Archives: Jeff Khurgel
USCIS Announces Biden Parole in Place Application Date of August 19, 2024
Application Date Announced One month after the Department of Homeland Security (DHS) published a process to consider, on a case-by-case basis, requests for “parole in place” from certain noncitizen spouses of U.S. citizens who have been in the U.S. for at least a decade, further details were announced on July 17, 2024. If parole… Read More »
Parole in Place Protections for Spouses of US Citizens Expected to be Announced on June 18, 2024
The Biden administration plans to unveil a program that will protect undocumented immigrants who are married to U.S. citizens from deportation, paving the way for the largest immigration initiative since the Deferred Action for Childhood Arrivals (DACA) program—as the administration plans tighter border policies. The program, known as “Parole in Place,” is expected to… Read More »
I’ve Received a Notice of Intent to Deny my Immigration Petition (“NOID”) from USCIS, now What?
You’ve submitted a benefit request to USCIS, and in response you’ve received a Notice of Intent to Deny (“NOID”). This is, obviously, worrying, and a well-considered response is needed. Here are seven things to keep in mind as you digest the news of receiving the NOID and plan for what’s next. First, relax and… Read More »
Supreme Court Upholds the Biden Administration’s Immigration Guidelines
On June 23, 2023, the Supreme Court voted to uphold the Biden Administration’s immigration enforcement guidelines, after the policy had come under fire by the states of Texas and Louisiana. In an 8-to-1 vote, the Supreme Court ruled that the states pushing back on the guidelines had no standing to sue. The ruling dismissed… Read More »
New USCIS Policy on Unlawful Presence Bar
On June 24, 2022 USCIS issued new policy guidance pertaining to the unlawful presence bar at Immigration and Nationality Act (INA) §212(a)(9)(B). The new USCIS guidance states that “a noncitizen who again seeks admission more than 3 or 10 years after the relevant departure or removal, is not inadmissible under INA §212(a)(9)(B) even if… Read More »
EB-5 Regional Center Program Authorization Expected Shortly
Congress is expected to pass its Omnibus legislation this week or early next week, and with it, the reauthorization of the EB-5 Regional Center Program. The U.S. House of Representatives is slated to vote on the legislation on Wednesday, March 9. If passed by the House, then the Senate will take up the legislation…. Read More »
EB-5 Litigation Update: Government Drops Appeal of Behring Regional Center LLC v. Mayorkas
On January 5, 2022, the Department of Justice (DOJ) filed on unopposed motion to dismiss DHS’ appeal of Behring Regional Center LLC v. Alejandro N. Mayorkas, et al. (formerly Behring Regional Center LLC v. Wolf, 20-cv-09263-JSC). This is good news and provides clarity for pending I-526 EB-5 immigrant investor petitions that may have been… Read More »
State Department: Visas for Russian Nationals to be Processed in Warsaw
Geopolitical events and the Covid pandemic have all but eliminated the issuance of U.S. visas in Russia over the past 12 months. The U.S. Embassy in Moscow and two U.S. Consulates General in Russia (Vladivostok and Yekaterinburg) have limited staff, and are providing extremely curtailed consular services, focusing mostly on assisting U.S. citizens. As… Read More »
Supreme Court’s Decision in Niz-Chavez v. Garland may Provide Relief to some non-Citizens
The Supreme Court issued a ruling on April 29, 2021 that has resulted in some confusion and controversy for those in deportation or removal proceedings or with a deportation or removal order. However, it may create a possible relief for some non-citizens. The ruling states that for cases in which the immigration court issued… Read More »
Immigration Reform 2021 Takes one Small Step Forward
On August 24, 2021, the House of Representatives passed a budget resolution that includes support for legalization programs for TPS holders, DACA recipients, essential workers, as well as other eligible immigrants. The House resolution passage is a step towards the inclusion of immigration reform budget reconciliation package. In September of 2021, the Judiciary Committees… Read More »