Immigration News Briefs
Federal Judge Blocks ‘Unlawful Presence’ Policy
On May 3, 2019, a federal judge issued a nationwide order temporarily blocking the Trump administration from enforcing an August 2018 U.S. Citizenship and Immigration Services policy memo that makes it easier for international students to accrue “unlawful presence” in the U.S., a determination that can subject them to future three- or 10-year bars on re-entering the country.
A group of four colleges sued to stop the policy, which they argued could snare thousands of well-meaning international students who might face re-entry bans for unintentional violations of their visa status or for administrative errors. U.S. District Court Judge Loretta C. Biggs concluded that the plaintiffs “demonstrated a likelihood of success” on their respective claims that the memo is invalid for failing to conform with notice and comment procedures and that it “substantially conflicts” with the Immigration and Nationality Act.
The Administration has not yet responded to the Court’s ruling and DHS could appeal this ruling.
Involvement with Marijuana Can Have Immigration Consequences
USCIS is issuing policy guidance to clarify that violations of federal controlled substance law, including violations involving marijuana, are generally a bar to establishing good moral character for naturalization, even where that conduct would not be an offense under state law.
Since 1996, some states and the District of Columbia have enacted laws to decriminalize the manufacture, possession, distribution, and use of both medical and nonmedical (recreational) marijuana in their respective jurisdictions. However, federal law classifies marijuana as a “Schedule I” controlled substance whose manufacture (which includes production, such as planting, cultivation, growing, or harvesting), distribution, dispensing, or possession may lead to immigration consequences.
Nearly 100 Charged in Marriage Fraud Scheme
On May 14, 2019, fifty people were in custody following the return of a federal grand jury’s 206-count indictment on April 30 alleging varying roles in a large-scale marriage fraud scheme, according to USCIS. Ninety-six individuals were charged. The indictment remains sealed as to those charged but not as yet in custody.
“These arrests mark the culmination of a comprehensive year-long multi-agency investigation into one of the largest alleged marriage fraud conspiracies ever documented in the Houston area,” said Special Agent in Charge Mark Dawson of Immigration and Customs Enforcement’s Homeland Security Investigations (HSI). “By working together with our partners from various federal law enforcement agencies we have sent a resounding message that we are united in our effort to disrupt and dismantle criminal organizations that seek to circumvent U.S. law by fraudulent means.”
The scam involved the creation of sham marriages in order to illegally obtain admission and immigrant status for aliens in the United States, according to the indictment.
APPLICATION FINAL ACTION DATES FOR June 2019
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
15Feb12 |
15Feb12 |
|
2A |
15Jul17 |
15Jul17 |
|
2B |
15May13 |
15May13 |
|
3rd |
22Dec06 |
22Dec06 |
|
4th |
15Aug04 |
01Apr06 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Jan15 |
22Apr18 |
|
2nd |
19Apr09 |
Current |
|
3rd |
01Jul09 |
Current |
|
Other |
01Jul09 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
DATES FOR FILING VISA APPLICATIONS - June 2019
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Oct12 |
08Oct12 |
|
2A |
08Mar19 |
08Mar19 |
|
2B |
08Aug14 |
08Aug14 |
|
3rd |
22Aug07 |
22Aug07 |
|
4th |
15Apr05 |
01Dec06 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
01Oct17 |
01Sep18 |
|
2nd |
01Jun09 |
Current |
|
3rd |
01Apr10 |
Current |
|
Other |
01Apr10 |
Current |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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