Immigration Attorney, Woburn
September 19, 2019
“Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019,” according to a National Foundation for American Policy (NFAP) analysis.
June 18, 2019
U.S. Immigration and Customs Enforcement (ICE) awarded Friday a 10-month contract for technical equipment and supplies to continue identifying fraudulent familial relationship claims made by individuals entering or attempting to enter the United States using rapid DNA testing.
May 23, 2019
The purpose of the memorandum is to direct relevant agencies to update or issue procedures, guidance, and regulations (as needed) to ensure that ineligible non-citizens do not receive means-tested public benefits.
May 16, 2019
On May 16, 2019, President Trump proposed a merit-based, high-security plan for immigration reform. President Trump proposed that we create a points-based system to increase the proportion of highly-skilled immigration from 12 percent to 57 percent, continue to prioritize the immediate family of new Americans, establish universal criteria for admission to the United States, and replace the existing green card categories with a new visa, the "Build America visa."
May 16, 2019
On May 16, 2019, ICE issued a press release with statistics from the Homeland Security Investigation's ("HSI") brief DNA testing pilot. The article states that "[b]etween mid-April and May 10, HSI special agents interviewed 562 family units who presented indicia of fraud. Of those interviewed, 95 fraudulent families were identified. More than 176 fraudulent documents or claims have also been uncovered."
May 13, 2019
Justice Department and Louisiana Supreme Court Reach Agreement to Provide Language Assistance for Individuals Not Proficient in English
The Department of Justice has reached an agreement with the Louisiana Supreme Court (LSC) that recognizes the LSC’s commitment to work with the Louisiana Judiciary to phase-in a language access program that will provide oral and written language assistance services at no cost to limited English proficient (LEP) individuals in all state court proceedings and operations.
May 8, 2019
For the royal baby in question, the answer is pretty simple and sweet. Under INA §301(g), a child is a citizen at birth if born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years.
May 5, 2019
President Trump said Sunday that he was appointing Mark Morgan, a former Border Patrol chief under the Obama administration, to head Immigration and Customs Enforcement, weeks after the president withdrew his former nominee and said he wanted someone “tougher.”
April 22, 2019
The President ordered the Secretary of State to engage with the governments of countries with a total overstay rate greater than 10 percent in the combined B-1 and B-2 nonimmigrant visas category. In FY 2017, those countries included: Afghanistan, Angola, Bhutan, Burkina Faso, Burundi, Cabo Verde, Chad, Djibouti, Eritrea, Gambia, Laos, Liberia, Mauritania, Nigeria, Sierra Leone, Solomon Islands, Somalia, South Sudan, Sudan, and Togo.
April 19, 2019
USCIS is issuing policy guidance to clarify that violations of federal controlled substance law, including violations involving marijuana, remains a conditional bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law. The policy guidance also clarifies that an applicant who is involved in certain marijuana-related activities may lack good moral character if found to have violated federal law, even if such activity has been decriminalized under applicable state laws.
April 8, 2019
The Court of Appeals for the Sixth Circuit upheld the Board of Immigration Appeal's decision to deny applications for asylum and humanitarian asylum, concluding that Guatemalan citizen failed to demonstrate past persecution and that the Guatemalan government was unwilling or unable to control her persecutors and protect her.
April 4, 2019
Katrina W. Berger, who leads the agency’s Homeland Security Investigations unit in Dallas, said its focus was on a criminal investigation into the company, CVE Technology Group. But she said the authorities could not “turn a blind eye” to the unauthorized workers who were found there.
April 1, 2019
Under a settlement agreement with the Justice Department, the Housing Authority of Victoria, Texas will offer to rehire an improperly terminated worker, provide him back wages, pay civil penalties to the United States, train employees on the requirements of the INA’s anti-discrimination provision, and be subject to departmental monitoring requirements.
April 1, 2019
USCIS has launched an H-1B Employer Data Hub to increase transparency in employment-based visa programs by allowing the public to search for H-1B petitioners by fiscal year (back to FY 2009), NAICS code, employer name, city, state, or ZIP code. This will give the public the ability to calculate approval and denial rates and to review which employers are using the H-1B program.
March 29, 2019
On May 20, USCIS will begin premium processing for FY 2020 cap-subject H-1B petitioners requesting a change of status on their Form I-129, Petition for a Nonimmigrant Worker.
March 27, 2019
Between 2011 and 2017, Anjaneyulu Katam, 46, of Rochester, NY, ran businesses in which he falsified immigration documents for Indian nationals to enter the U.S. and work in tech industries involving computer programming. Katam will forfeit approximately $1,090,490.32 to the Government.
March 26, 2019
The Trump administration launched an office that focuses on identifying immigrants who are suspected of cheating to get their green cards or citizenship and seek to denaturalize these individuals. USCIS Director Francis Cissna announced that the USCIS finally has "... a process in place to get to the bottom of all these bad cases and start denaturalizing people who should not have been naturalized in the first place,” Cissna said. “What we’re looking at, when you boil it all down, is potentially a few thousand cases.”
March 19, 2019
In a 5-4 ruling, the Supreme Court reversed a Ninth Circuit decision in Nielsen v. Preap, holding that the mandatory detention statute, which plainly provides for detention without any hearing "when" an immigrant "is released" from a prior criminal custody, applies even when immigration agents arrest individuals years after their release.
March 19, 2019
USCIS will begin accepting H-1B petitions subject to the FY 2020 cap on April 1, 2019. Premium processing will be offered in a two-phased approach during the FY 2020 cap season, and the new H-1B Employer Data Hub that will be available on uscis.gov on April 1.
March 12, 2019
USCIS Director Francis Cissna said in an email to staffers Tuesday that he is working to transfer those duties – now performed by employees worldwide – to domestic offices and the State Department’s embassies and consulates.
March 8, 2019
A former U.S. Border Patrol Agent ("BPA") was sentenced to 114 months in prison followed by 3 years of supervised release for accepting over $50,000 in cash payments to provide individuals in a drug trafficking organization with CBP sensor locations, the locations of unpatrolled roads at or near the U.S.-Mexico border, the number of BPAs working in a certain area, and the keys to unlock CBP gates and ranch fences along the border.
March 8, 2019
USCIS removed the 12/23/16 version of Form I-539 but will provide a two-week grace period, until close of business on March 21, for that version to be received by USCIS. Starting on March 22, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.
Feb. 28, 2019
For FY2020, H-1B regular cap subject petitions filed with the California Service Center using FedEx, UPS, and DHS delivery service should be mailed to: USCIS California Service Center, Attn: I-129 H-1B Regular Cap, 24000 Avila Road, 1st Floor, Room 1600, Laguna Niguel, CA 92677.
Feb. 27, 2019
Worcester Man Charged With Making False Statement in Naturalization Application
A man residing in Worcester was arrested today and charged in federal court in Boston with making a false statement on an application for naturalization.
Feb. 21, 2019
The court found that the eligibility requirements for U.S. citizenship at birth for children born to married parents, as outlined in the Immigration and Nationality Act, does not require a child to show a biological relationship with both parents if the child's parents were married to each other at the time of the child's birth.
Feb. 15, 2019
USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018.
Feb. 15, 2019
USCIS Strengthens Guidance on Spousal Petitions Involving Minors
U.S. Citizenship and Immigration Services (USCIS) announced today that it is publishing guidance for its officers to consdier when adjudicating spousal petitions involving minors.
Feb. 11, 2019
USCIS to Publish Revised Form I-539 and New Form I-539A
USCIS revised Form I-539, Application to Extend/Change Nonimmigrant Status and will publish the revised form on the USCIS website on March 11, 2019. Starting on March 11, 2019, USCIS will only accept the revised Form I-539 with an edition date of 02/04/19.
Jan. 30, 2019
ICE reports eight individuals were indicted and arrested for conspiracy to commit visa fraud and harboring foreign nationals for profit as part of an undercover operation involving a private university in Detroit that was operated by ICE Homeland Security Investigations agents.