DACA: All eyes on Texas
Three different judges from New York, California and the District of Columbia have issued three injunctions ordering USCIS to accept applications for DACA renewals. A new challenge to DACA brought by ten U.S. States is currently before a judge in Texas. What happens if the judge issues a nationwide injunction ordering USCIS to stop processing DACA applications, contradicting prior injunctions? Will the Supreme Court take the case? Full details…
U.S. Military: Discharge of ‘MAVNI’ members stopped
The MAVNI program (Military Accessions Vital to National Interest) allows entry in the U.S. military for people who possess certain skills (such as language skills), even if they are not U.S. citizens or Green Card holders. But people under MAVNI were being discharged instead of getting the fast-track path to citizenship they were promised. As first reported by the Associated Press, the Department of Defense issued a Memorandum on July 20th, 2018 stopping the discharges effective immediately.
F, J, and M visas: Tightened rules on ‘unlawful presence’
Any F, J, M visa holders who have completed their studies or programs, or dropped out, or engaged in unauthorized activities are accruing ‘unlawful presence’ in the United States since August 9th, 2018.
What changed?
Now, unlawful presence can be accrued by visa holders under F, J, M ‘duration of status’ (D/S) visas without a formal finding / communication by USCIS or an immigration judge. Under its new policy, USCIS can go back in time and determine retroactively when ‘unlawful presence’ started, which impacts the ability to adjust status (Form I-485) and may trigger 3-year and 10-year bars. Family Green Card applicants living in the United States who are not immediate relatives will be the most impacted. Full details…
September Visa Bulletin: End of the year
September 2018 is the last month of the U.S. Government Fiscal Year. U.S. immigration agencies are concerned about not going over the annual numerical limits for each family preferences. So this September, like many in prior years, we mostly saw regressions or limited/no advancement.
For all countries (except Mexico, the Philippines and India for F4):
- F1: Apr 8, 2011; -5 weeks.
- F2A: Jul 22, 2016; No Movement.
- F2B: Nov 1, 2011; +1 week.
- F3: May 1, 2006; -7 weeks.
- F4: Jan 8, 2005; +2 weeks.
Green Card Priority Date: Time to current
Immigration Planner released its predictions for ‘time to current’ if you file for a family Green Card today: F1 (7.5 years, going down), F2A (2 years, going slightly down), F2B (7 years, going down a bit), F3 (12.5 years, going up), F4 (13.5 years, going up). Get your timeline prediction