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Bimonthly Immigration Newsletter: October 2016

Photo of a black man standing in an office smilingUSCIS Proposes Rule to Grant Parole to Entrepreneurs

USCIS has recently proposed a new rule that will allow the Department of Homeland Security (DHS) to use its existing discretionary parole authority for entrepreneurs of new start-up companies whose continued presence in the United States would provide a significant public benefit. [read more]



Sample EAD CardUSCIS Clarifies 120-Day Time Period for EAD Renewals

USCIS has a policy that renewals for EADs (employment authorization documents) should not be filed earlier than 120 days before the expiration of the current EAD. However, USCIS has confirmed that the 120-day limit is not an absolute cut-off date. [read more]




Flag of Syria, croppedDHS Extends Employment Policy for Syrian F-1 Students

The Department of Homeland Security has extended the policy that permits Syrian students to work beyond the limits of their F-1 visa. Foreign students in F-1 status often have to show an ability to pay tuition and living expenses before they receive their visa, either through personal funds or a scholarship opportunity. [read more]

 


woman smoking a jointMarijuana Imbibers Beware

An admission of any drug use can cause an immigrant visa to be denied. This is because the immigration law states that an individual is inadmissible to the United States if he or she admits to the elements of a drug crime.  In other words, a conviction is not necessary.  Just admitting to prior drug use is sufficient. [read more]



Seal of the Executive Office for Immigration ReviewLong-Awaited Decision Ameliorates Some of the Sting from Acts Considered “Crimes Involving Moral Turpitude”

The Board of Immigration Appeals (BIA), the appellate-level administrative court for immigration matters, issued its long-awaited decision in Matter of Silva-Trevino III, re-establishing a uniform standard of analysis when determining if a crime is considered a “crime involving moral turpitude” (CIMT) for inadmissibility purposes. [read more]

Photo of 7th circuit court with flag in front of it. Is Using a Fake Social Security Number a Crime Involving Moral Turpitude? The 7th Circuit Doesn’t Think So

A new opinion from the U.S. Court of Appeals for the Seventh Circuit, Arias v. Lynch, disagreed with the Board of Immigration Appeal’s (BIA) finding that using a false Social Security number (SSN) is a crime involving moral turpitude (CIMT) that prevents relief from removal. [read more]



EB-4 Religious Worker, EB-5 Investor, Conrad 30 and E-Verify Programs Extended Until December 9 as Part of Omnibus Spending Bill (Continuing Resolution)

On September 29, President Obama signed H.R. 5325, an omnibus bill that included extending [the] four programs... until December 9, 2016. [read more]


Two passport photos of a man with red curly hair. Passport Photos No Longer Required for Naturalization Applications

USCIS has revised its rules for filing N-400 naturalization applications, stating that applicants no longer need to submit two passport-style photographs with their applications. Fingerprints, photographs, and signature will be taken at scheduled biometric service appointments.
[read more]

 


Woman sitting, talking to a cop with her head in her hands. Parole Will Be Available to U Visa Petitioners and Family Members Who Reside Abroad

Following a recommendation from its ombudsman, USCIS will be implementing a parole policy for U visa petitioners (victims of crimes who have assisted police and prosecutors) and qualifying family members who live abroad. [read more]



Governor Jerry Brown at an outdoor press conference. California Governor Takes Up Two Recently Passed State Legislative Efforts on Immigration

California Governor Jerry Brown recently had two bills related to immigration cross his desk, vetoing one and signing the other. [read more]



Photo of the metal Seal of the US Consulate in Vancouver's on the Embassy fence. News in Brief

The following additional items may be of interest to our readers.