New U-visa policy: immigration attorney explains what changes and what stays the same

Last week, USCIS issued a new policy on U-visas. The new policy requires USCIS to determine whether each pending U-visa and each newly filed U-visa is a “bona fide” case. If USCIS decides the case is “bona fide,” the filer (and any derivatives) will be eligible for a work permit while waitin...
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Immigration Court

Immigration Court Update: New ICE Memo Looks to Expand Prosecutorial Discretion

On Friday evening, June 4, 2021, Immigration and Customs Enforcement (ICE) finally dropped its long-awaited memorandum about its priorities for immigration court cases. In the memo, ICE recommitted to using prosecutorial discretion to reduce the number of cases at immigration courts. The ICE memo te...
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Supreme Court decision opens doors for immigrants to possibly cancel their deportation

Today, the Supreme Court issued a decision, Niz-Chavez v. Garland, that will allow many individuals in immigration court to apply to cancel their deportation. The case was about a form of relief called Cancellation of Removal, which allows individuals in immigration court an opportunity to cancel th...
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Three-Member BIA Panel Says IJ Must Determine Citizenship for Asylum

Appeals to the Board of Immigration Appeals (BIA) may seem increasingly futile due to changes by the current administration, but they are necessary and sometimes fruitful. This is especially true for pro se clients. In a recent three-member panel unpublished decision, the BIA held that judges must m...
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