Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification.
With immigration matters figuring so prominently in the news, one might wonder, how did we get here? Many of us might think that things were always difficult, that legal entry always involved a formalized process, and that our own ancestors surely did things “the right way” after the formation of the sovereign United States of America.There were no bars to U.S. immigration until 1875, when the first exclusionary law barred convicts and prostitutes from entry. In the decades that [...]
USCIS Issues New “Notice to Appear” Policy, With Significant Impacts on Applicants for Immigration Benefits
On July 5, 2018, U.S. Citizenship & Immigration Services (USCIS) published new guidance regarding its procedures and policies for issuing Notices to Appear (NTA). An NTA is a charging document that is issued to foreign nationals, placing them in removal proceedings and directing them to appear before an immigration judge. The Department of Homeland Security has long relied upon its enforcement arm, Immigration and Customs Enforcement (ICE) to handle the issuance of NTAs in most cases. [...]
On July 13, 2018, USCIS issued a policy memorandum, providing guidance to adjudicators regarding the discretion to deny an application, petition, or other benefit request without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) if required evidence is not submitted with the initial petition/application package, or if the evidence in the record does not establish eligibility for the benefit sought. This guidance is effective September 11, 2018.This policy memo [...]
On May 10, 2018, USCIS issued a Policy Memorandum offering new guidance to immigration officers on the calculation of unlawful presence for those in student (F nonimmigrant), exchange visitor (J nonimmigrant), or vocational student (M nonimmigrant) status and their dependents, admitted for “duration of status” or until a specific date.Under prior USCIS policy, foreign students and exchange visitors who were admitted for, or present in the United States in, duration of status (D/S) [...]