Supreme Court Denies Petition for Cert Before Judgment in DACA Case

On February 26, 2018, the Supreme Court of the United States denied the Government's petition for a writ of certiorari before judgment in Dept. of Homeland Sec., v. Regions of Univ. of Ca, (No. 17-1003). You may see the denial here. 

On January 9, 2018, Judge William Alsup of the United States District Court for the District of Northern California preliminarily enjoined the Department of Homeland Security (DHS) from rescinding the Deferred Action for Childhood Arrivals (DACA) program on multiple grounds [see blog]. On January 12, 2018, Judge Alsup issued a second decision dismissing the Government's motions to dismiss the case. On January 18, 2018, the Department of Justice (DOJ) filed a notice of appeal with the Supreme Court, asking the Court to take the case before final judgment.

Notably, the Supreme Court denied the Government's petition “without prejudice,” and it stated its expectation that “the Court of Appeals will proceed expeditiously to decide this case.” In effect, the denial of cert before judgment means that the litigation will proceed through the normal course, with Government appeals first being heard by a Federal circuit court prior to the Supreme Court. The denial does not commit the Supreme Court to a future outcome if it does ultimately take one or more of the DACA rescission cases on appeal.

The Supreme Court's denial of the Government's petition means that the DACA rescission will not take effect on March 5, 2018, as initially planned. Instead, pending final litigation of the issues, DACA will remain open to certain individuals who have previously had DACA benefits. It is worth noting that a second injunction against the DACA rescission has been issued by Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York [see blog].

We will continue to update the situation on DACA as further information becomes available. To learn more about the DACA rescission memo along with the latest updates, please see our full article [see article]. An individual with questions about how the developments involving DACA may affect him or her should consult with an experienced immigration attorney for case-specific guidance.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

March 2018 Visa Bulletin

Introduction

On February 9, 2018, the U.S. Department of State (DOS) published the March 2018 Immigrant Visa Bulletin [PDF version]. Eleven days later, the United States Citizenship and Immigration Services (USCIS) determined that the beneficiaries of approved family-sponsored immigrant visa petitions must use the filing date charts from the March 2018 Visa Bulletin whereas the beneficiaries of approved employment-based immigrant visa petitions must use the final action date charts [PDF version].

In this article, we will examine the relevant charts from the DOS and USCIS for beneficiaries of approved immigrant visa petitions in March 2018. We will also go through news and notes included with the March 2018 visa bulletin.

To learn more about the subject generally, please see our articles on how to use the Immigrant Visa Bulletin as an adjustment of status applicant [see article] and the differences between final action dates and dates for filing [see article]. Please also see our index of Immigrant Visa Bulletin articles [see article].

Furthermore, we did not publish an article on the February 2018 Visa Bulletin. For reference, you may see the February 2018 Visa Bulletin here: [PDF version].

Family-Sponsored Cases

The USCIS determined that individuals who are seeking adjustment of status based on an approved family-sponsored immigrant visa petition must use the dates for filing on the March 2018 Visa Bulletin. This decision is favorable to family-sponsored applicants because, in most cases, the filing date cutoffs are later than the final action date cutoffs.

In order for the beneficiary of an approved family-sponsored petition to be eligible for adjustment of status in March 2018, his or her priority date must be earlier than the applicable filing date for his or her preference category and chargeability area. In family-sponsored cases, the priority date is generally the date on which the petition was properly filed with the USCIS.

The following chart [see here] contains the filing dates for family-sponsored cases in March 2018.

For reference, the following chart [see here] contains the final action dates for family-sponsored cases in March 2018.

Employment-Based Cases

The USCIS determined that beneficiaries of approved employment-based immigrant visa petitions who are seeking adjustment of status must use the final action dates from the March 2018 Visa Bulletin.

In order for the beneficiary of an approved employment-based immigrant visa petition to be eligible to file for adjustment of status in March 2018, his or her priority date must be prior to the applicable final action cutoff date for his or her preference category and chargeability area. In employment-based cases where labor certification is required, the priority date will generally be the date on which the labor certification application was approved by the U.S. Department of Labor. In employment-based cases where labor certification is not required, the priority date is generally the date on which the petition was properly filed with the USCIS.

The following chart [see here] contains the final action dates for employment-based cases in March 2018.

A final action date of “C” means that any individual with an approved immigrant visa petition in the applicable preference category and chargeability area will be able to apply for adjustment of status (if otherwise eligible for adjustment of status) in March 2018.

Two of the employment-based categories — 4th preference certain religions workers (SR) and 5th preference (IR and R5) — are scheduled to expire on March 23, 2018. If Congress does not take action in time, no individuals in the SR category will be able to be admitted after midnight, March 22, 2018. Furthermore, no visas would be issued overseas or action taken in adjustment of status cases after March 23, 2018, in the IR and R5 categories. If these categories are allowed to lapse, the final action dates will be set to “unavailable.”

Notably, the SR, IR, and R5 categories were allowed to lapse during the brief government shutdown in January. It is likely that Congress will reach an agreement on a broader spending bill prior to March 23, 2018. However, it is of course possible that the authorization for the programs in question may again be allowed to lapse for only a short period. In any event, we expect that these programs will either be reauthorized as part of a broader spending agreement prior to March 23, 2018, or shortly thereafter. Individuals who may be affected by the uncertainty should consult with an experienced immigration attorney for case-specific guidance.

News for Vietnam Employment-Based Fifth Preference Category

The DOS stated that “[c]ontinued heavy applicant demand is expected to result in the Vietnam Employment Fifth preference category reaching the per-country annual limit during March.” In the event that Vietnam reaches the limit, Vietnam Employment Fifth Preference will become subject to a distinct final action date for the remainder of fiscal year 2018.

Special Immigrant Translators

The DOS continues to expect to reach the annual limit of 50 Special Immigrant Visas in the SI category in early 2018. For this reason, DOS maintained a March final action date of April 22, 2012, for the SI category. The DOS expects the SI category final action date to become unavailable in coming months. The final action date for the SQ Special Immigrant Visa category for certain Iraqi and Afghan nationals employed by or on behalf of the U.S. government in Iraq or Afghanistan remains current.

Conclusion

Those who intend to apply for adjustment of status based on an approved immigrant visa petition in one of the preference categories should stay abreast of developments with the Immigrant Visa Bulletin. It also provides those who intend to seek visas through consular processing of a general idea of when their interviews may be scheduled and when final action may be taken on their applications. Those seeking immigrant visas are well-advised to consult with an experienced immigration attorney throughout the entire process.

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Indictments in Alleged P3 Visa Fraud Scheme

On February 9, 2018, the United States Citizenship and Immigration Services (USCIS) announced criminal indictments in a complex visa fraud scheme involving the P3 nonimmigrant visa category [PDF version]. You may also see the press release from the United States Attorney's Office for the Eastern District of New York [PDF version].

On February 8, 2018, a 15-count indictment was unsealed in the United States District Court for the Eastern District of New York against three individuals — Stella Boyadjian, Hrachya Atoyan, and Diana Grigoryan (aka “Dina Akopovna”) for their roles in a multi-year visa fraud scheme involving the P3 visa program. The purpose of their visa fraud scheme was to bring Armenian citizens into the United States for profit. The 15-counts against the defends included “multiple counts of visa fraud and with conspiring to defraud the United States, commit visa fraud and illegally bring aliens into the United States.” Boyadjian and Grigoryan also face money laundering charges that are related to the visa fraud scheme. Boyadijian was also charged with identity theft.

The United States Attorney for the Eastern District of New York, Richard P. Donoghue, described the allegations in the indictment. Donoghue stated that the defendants were alleged in the indictment to have abused the P3 nonimmigrant visa program “by dressing visa applicants in traditional dance costumes and creating fake concert flyers in order to deceive a government program that allows foreign nationals to temporarily enter the United States as artistic performers…” The press release specified that the defendants are alleged to have fraudulently claimed that the foreign nationals they were trying to bring into the United States under the P3 visa program were members of traditional Armenian performance groups.

How did this alleged visa fraud scheme work? The indictment states that Boyadijan ran a non-profit organization based in Rego Park, New York. This non-profit organization was allegedly used to further the visa fraud scheme by Boyadijan and her co-conspirators. The three defendants allegedly submitted false Form I-129 petitions and falsified supporting documents on behalf of applicants to establish their eligibility for P3 nonimmigrant status. The three defendants charged alien applicants fees ranging from $3,000 to $15,000 each to participate in the scheme. After the Form I-129 petitions were approved, the defendants and co-conspirators “acquired fraudulent dance certificates and organized staged photo sessions where foreign nationals wore Armenian dance costumes to make it appear as though they were traditional Armenian musicians, singers[,] and performers.” The defendants then trained the foreign nationals to falsely answer questions in P3 visa interviews and presented the staged photos as evidence in support of their applications. Foreign nationals in the United States in P3 status required to pay additional fees to the defendants in order to be sponsored for extensions of stay. The defendants created “flyers and other documents purporting to hold BAMA-sponsored concerts and events in the United States.”

The press releases mad clear that the indictment includes only allegations, and the defendants are presumed innocent unless and until they are proven guilty.

You may read the indictment of Stella Boyadjian here: [PDF version].

The indictment alleges severe abuses of the U.S. immigration laws. The Acting Assistant Attorney General of the United States Justice Department's Criminal Division, Christian J. Schurman, stated that “[f]raudsters who undermine our immigration system threaten our public safety and our national security…” Furthermore, fraud such as what was alleged in the indictment is an affront to those who follow the rules of visa application process.

Those who are interested in learning about the rules of the P3 visa program and how it is supposed to work may see our full article to learn more about the subject [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com

Second Preliminary Injunction Against DACA Rescission

On February 13, 2018, Judge Nicholas G. Garaufis of the United States District Court for the Eastern District of New York issued a nationwide preliminary injunction against the rescission of the Deferred Action for Childhood Arrivals (DACA) program [PDF version]. This marks the second injunction against the DACA rescission. Judge Garaufis granted the injunction after concluding that the plaintiffs are likely to succeed on the merits of their claims under the Administrative Procedures Act (APA). Specifically, he concluded that the Trump Administration did not opt to rescind DACA as an exercise of discretion or based on a reasoned policy judgment, but instead did so upon concluding that DACA was unconstitutional or unlawful based on reasons that Judge Garaufis did not consider to be persuasive or sound (note: he did not reach the question of DACA's underlying legality). We covered the legal rationale of Attorney General Jeff Sessions for the DACA rescission in a separate post [see article].

Although Judge Garaufis' reasons for granting his injunction were not identical to Judge William Alsup of the United States District Court for the Northern District of California on January 10, 2018, this injunction is identical in scope, requiring the Trump Administration to maintain DACA as it existed prior to September 5, 2017, but not requiring it to consider new applications by individuals who never received DACA benefits or to continue granting advance parole to DACA beneficiaries [see article].

Because the Trump Administration is already complying with the court order from the United States District Court for the Northern District of California which is identical in scope, the preliminary injunction coming from the Eastern District of New York will not change the current situation regarding DACA [PDF version]. As we noted in a separate post, the Trump Administration has asked the Supreme Court of the United States to agree to hear the DACA rescission case on appeal before final judgment is rendered by the district court [see blog]. The Supreme Court has not yet issued a decision, but the issues are likely to end up in the Supreme Court in the near future.

DACA beneficiaries and other individuals affected by the potential DACA rescission should consult with an experienced immigration attorney for case-specific guidance. For the time being, DACA beneficiaries should prepare for the possibility that DACA is eventually rescinded and not replaced with new laws.

Please see our up-to-date post on the DACA rescission to learn more [see article].

Please visit the nyc immigration lawyers website for further information. The Law Offices of Grinberg & Segal, PLLC focuses vast segment of its practice on immigration law. This steadfast dedication has resulted in thousands of immigrants throughout the United States.

Lawyer website: http://myattorneyusa.com