Maggio+Kattar
June 2014

Immigration News + Analysis
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+ Compliance Corner:
USCIS Announces Procedures for DACA Renewals

U.S. Citizenship and Immigration Services (USCIS) has announced procedures for obtaining renewals of deferred action for childhood arrivals (DACA). DACA was first announced in June 2012 by then DHS Secretary Napolitano which allows DHS to exercise its prosecutorial discretion to grant temporary benefits for certain individuals who came to the United States as children.   The memorandum provided for a grant of deferred action, as well as an accompanying employment authorization document, for certain individuals who came to the U.S. prior to the age of sixteen, had lived in the U.S. for at least five years, and who fulfilled certain educational requirements. Click to read more...
Immigrant Strives to Improve Lives of Americans with Disabilities

June is Immigrant Heritage Month. This month is a time to reflect upon the stories of immigrants who have inspired us and remind us that America has been, and continues to be, a land of opportunity that is fueled by the hopes, dreams, ingenuity, tenacity and work ethic of those who have overcome amazing obstacles in their pursuit of a better life in America, and in doing so, have improved the lives of others. Managing Shareholder, Jim Alexander, shares one such story below:

 

Like it was yesterday, I remember Michael Maggio talking about a consultation that he had with a young man named Elver. A citizen of Colombia, Elver was attending school at the American University. Michael was drawn to Elver, I believe, because of Elver's spirit and energy. This is a man of resilience, everlasting optimism and the ability to find joy in every day. He is a universal man with a strong intellect and passion to help others and society in general, through compassionate deeds and eloquent advocacy To read more,click here.
U.S. District Court Rules Grant of Temporary Protected Status Qualifies as "Inspection and Admission"

The United States District Court for the Western District of Washington recently ruled in Ramirez v Dougherty that a noncitizen's grant of Temporary Protected Status (TPS) qualifies as "inspection and admission" into the United States.  Under the Immigration and Nationality Act, "inspection and admission" to the United States are minimum eligibility requirements in order to be eligible for adjustment of status to lawful permanent residency. An applicant who was not inspected and admitted must return to his or her home country to process the immigrant visa, which is a costly, uncertain, and lengthy process.  To read more, click here

Supreme Court Decision Disappoints on Interpretation of Child Status Protection Act
On June 9, 2014, the Supreme Court issued a decision in the case of
Scialabba v. Cuellar de Osorio, that is pivotal to the immigration agency's adjudication of immigrant visa petitions for children turning 21 while their parents immigration process is pending. Specifically, the issue was whether a derivative beneficiary of a visa petition who is over twenty-one years old, even when calculating the appropriate Child Status Protection Act (CSPA) age, is able to retain the priority date of the earlier petition filed on behalf of the primary beneficiary (generally his or her parent). To read more, click here 
U.S. Consulates in Canada Announce No Additional Appointments for Third Country Nationals until Fall
The U.S. Department of State has announced that U.S. Consulates, including the U.S. Embassy, in Canada will not be accepting any new appointments for Third Country National (TCN) visa processing for the months of June, July and August (peak vacation time!). A TCN, in this case, is defined as a non-Canadian national seeking to renew or apply for a U.S. nonimmigrant visa in Canada rather than travelling to his or her home country. To read more, click here.
July Visa Bulletin Provides Welcome Advances for India EB-2 and Philippines EB-3 Applicants
The July Visa Bulletin contains some welcome news for India EB-2 and Philippines EB-3 applicants who are currently in the green card process and waiting for their priority date to become current. The India EB-2 priority date advanced to September 1, 2008 from November 14, 2004 (June 2014 Visa Bulletin) and the Philippines EB-3 priority date is now at January 1, 2009, which continues the forward movement we have seen in this category over the last several months. Although the India EB-2 date of September 1, 2008 is great news for many long-waiting applicants, given that it was stuck in 2004 for a long time, the priority date still has not recovered to its April 2012 Visa Bulletin date of May 1, 2010. To read more click here.
Join Us for the International Physicians and Researchers Conference!

Program Coordinators!   

Physician Recruiters!   

Foreign Medical Graduates!
Join us for the seminar, job fair and a limited number of individual consultations to learn what makes sense for your individual situation (advance registration required). The panels will include physician immigration subject matter experts discussing options and strategies for living and working in the U.S. following conclusion of your medical training, residency and beyond.

 

Saturday, August 23rd at the Andaz Wall Street, 75 Wall Street, New York City

To learn more and/or to RSVP, click here.
Maggio + Kattar provides Immigration News + Analysis as a service to its clients and friends to highlight and provide opinions on changes within the field of immigration and nationality law. The information contained in this newsletter is not intended as legal advice, and persons receiving this information should not act on it without consulting professional legal counsel.

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