Actualizacion de las Politicas de USCIS

USCIS está actualizando las guías de políticas en el Manual de Políticas de USCIS para eliminar las referencias a Información Biográfica (Formulario G-325A). USCIS antes requería que aquellas personas que solicitaban ciertos beneficios de inmigración presentaran el Formulario G-325A junto con su solicitud o petición. USCIS ahora ha incorporado todas versiones del Formulario G-325A dentro de los formularios de USCIS que anteriormente lo requerían por separado. Ahora el Formulario G-325A solo se utiliza para peticiones de acción diferida para ciertos reclutas y familiares designados de cierto personal militar, veteranos, y reclutas. Por lo tanto, USCIS cambió el nombre de dicho formulario a “Formulario G-325A, Información Biográfica (para Acción Diferida)”. La guía actualizada en las Partes A, F, L, M, y O del Volumen 7: Ajuste de Estatus del Manual de Políticas elimina todas las referencias al Formulario G-325A.

Los interesados pueden revisar y enviar sus comentarios sobre la guía de políticas revisada hasta el 7 de noviembre de 2018. Por favor, visite el Alerta de Políticas para más información acerca de esta actualización.

Viste la página Comentario al Manual de Políticas para más información acerca de las revisiones y envío de comentarios de los grupos interesados.

EB-5 Policy Changes Update

Final Rule Announcement Expected November 2018

The U.S. Office of Management and Budget has published its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions, which contains updated timetables for two proposed EB-5 regulations and advance notice of a third. The regulation of greatest concern is RIN: 1615-AC07, “EB-5 Immigrant Investor Program Modernization.”

This regulation has moved into the final rule stage and is expected to be published in November 2018, becoming effective soon thereafter.

Significance of EB-5 Program Modernization Final Rule

If made final in November, the proposed rule could go into effect by the end of 2018. Petitions filed before the effective date of the final rule are expected to qualify under current policy, but once the final rule goes into effect, petitions will be subject to any changes to the EB-5 Program.

Anticipated Program Changes

The exact EB-5 policy changes made by this rule will not be known until a final rule is published, but the rule as drafted in the notice of proposed rulemaking included the following primary changes:

  1. An increase to the minimum investment threshold: from $1,000,000 to $1,800,000 for standard investments and from $500,000 to $1,350,000 for investments in targeted employment areas (TEAs)
  2. A shift in TEA designation authority from individual states to the Department of Homeland Security
  3. A refined definition of “targeted employment area” to include metropolitan statistical areas, counties, cities, single census tracts, and limited groups of census tracts experiencing high unemployment rates
  4. Under certain circumstances, the ability for investors with approved I-526 Petitions to keep their priority dates while filing new I-526 Petitions
  5. The ability for spouses and children of petitioners to file I-829 Petitions even if they are not named on the investor’s petition

Significance of Final Rule Modification

If made final in November, the proposed rule could go into effect by the end of 2018. Petitions filed before the effective date of the final rule are expected to qualify under current policy, but once the final rule goes into effect, petitions will be subject to any changes to the EB-5 Program.

(Information from EB-5 Affiliate Network update)

Non-Criminals Targeted for Deportation

As reported by NBC News, “ICE arrests of noncriminals increased 66 percent in the first nine months of the 2018 fiscal year over the same period a year earlier”.

The article warns that the danger of deportation is now more probable for people with minor offenses, such as traffic violations. It cites the case of Ruben Moroyoqui, a 45-year-old mechanic in Tucson, Arizona, who was simply pulled over while he was picking up some auto parts, asked for his license, and, immediately afterwards, about his immigration status. The police simply handed him over to ICE without ever charging him with any traffic violation, according to his attorney, cited in the article.

Similar cases are presented in the NBC’s piece, with the conclusion that being put in deportation procedures is now more and more the default option not only for drug kingpins or people suspected of high crimes, but for any small offense. The entire article is HERE

As with any news of increased harshness on the part of the authorities against immigrants that have still not resolved their immigration status in the US, we advise that you seek the help of an immigration lawyer immediately, so that you can be informed about your legal rights, should such circumstances occur.

Immigration Services Available for Those Affected by Hurricane Florence or Typhoon Mangkhut

Re-parole or changing immigration status are two of the services offered now by the USCIS to certain immigration applicants.

USCIS has posted a host of immigration services offered to those affected by the last two hurricanes that hit mainland US this month. This is an effort to afford some flexibility to those that might experience hardships in their immigration process due to these events. Please be advised, these are discretionary services and available only upon request to the qualified individuals. Please read the entire list of services and conditions that apply, HERE

Please familiarize yourself with what USCIS considers “Special Situations” and what exceptions you can benefit from should they apply to you, here: https://www.uscis.gov/humanitarian/special-situations

As always, if you feel that you need more clarifications and that your case might benefit your own case or that of someone you know, feel free to contact us as soon as possible.

AILA’s Reaction to AG Jeff Session’s Remarks

WASHINGTON, DC – Today, in a speech to a gathering of newly minted immigration judges, Attorney General Jeff Sessions further revealed his contempt for the fundamental principles of America’s legal system, as well as for those in the legal profession who dare to challenge his narrow view of the world. The Attorney General compared immigration lawyers and federal criminal defense lawyers to “water seeping under an earthen dam,” and perfunctorily concluded that they have no duty or interest in upholding the integrity of the system. These comments are a shocking statement from the nation’s chief law enforcement officer and reflect his disdain for lawyers who take a solemn oath to uphold the law, as well as a complete disregard for the role of independent judges in overseeing our adversarial system. America’s judicial system is the envy of the world, and the lawyers and independent judges who are sworn to uphold its integrity play a critical role in protecting it.

AILA calls on the Attorney General to retract his offensive comments and calls on Congress to pass legislation to create an Article I immigration court, one that is independent from the Department of Justice and that ensures a robust process and an unbiased arbiter.

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The American Immigration Lawyers Association is the national association of immigration lawyers established to promote justice, advocate for fair and reasonable immigration law and policy, advance the quality of immigration and nationality law and practice, and enhance the professional development of its members.

George Paul Tzamaras
Senior Director, Communications and Outreach
American Immigration Lawyers Association
Suite 800
1331 G Street, NW,
Washington, DC  20005-3142
Office:  202-507-7649
Cell:      240-476-4299
E-mail:  gtzamaras@aila.org