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Immigration News Briefs

By Humera Subhani

December 2015

Appeals Court Upholds Delay on DAPA Extension
A federal appeals court has agreed to keep on hold President Barack Obama's executive order on immigration, which comes as no surprise to the immigration law community. The 124 page ruling deals a blow to the administration's Deferred Action for Parental Accountability program, known as DAPA, but there may be just enough time for a formal appeal to the Supreme Court to be resolved ahead of the 2016 election.

In ruling against the government, the U.S. Court of Appeals for the 5th Circuit largely agreed with a lower court judge, who in February issued a “nationwide injunction” that effectively stopped DAPA from taking effect, and concurred that Texas and other states that sued the President over the program had legal “standing” to challenge its constitutionality in federal court.

Writing in dissent, Judge Carolyn D. King questioned whether the court's ruling failed to "articulate a standard or a rule that can be applied by lawyers and judges in future cases," and compared it to a "railway ticket decision––good only for this day and season." King also took issue with the court's untimeliness in deciding the case, which potentially affects the administration's ability to appeal to the Supreme Court.

However, the executive order is not defeated yet. This decision has cleared the way for the Obama Administration to take this case to the U.S. Supreme Court. And on November 10, 2015, the White House announced that it will take aggressive steps to seek Supreme Court review. Prompt action means that the Supreme Court could hear the case this term—likely with oral arguments being held next spring—and issue a decision before the term ends in June 2016. If that happens, it would be possible for the immigration agencies to implement DAPA and expanded DACA before the current administration leaves office. The over 5 million potential applicants for these programs will be counting on a favorable Supreme Court ruling and will be waiting anxiously for this to be implemented next year.

Change in Adjustment of Status Filing for December
USCIS posted an announcement on its website informing adjustment of status applicants that they must use the "Application Final Action Dates" chart in the DOS Visa Bulletin for December 2015 for employment-based filings. USCIS stated that family-sponsored adjustment of status applicants may use the "Dates for Filing Visa Applications" chart in the December 2015 Visa Bulletin. [See tables below]

DHS Notice of Employment Authorization for Nepali F-1 Students
DHS announced the suspension of certain regulatory requirements for F-1 nonimmigrant students from Nepal who are experiencing severe economic hardship as a direct result of the April 2015 earthquake in Nepal. This notice is effective since November 9, 2015, and will remain effective until December 24, 2016. According to the Federal Register, this is for citizens of Nepal who are experiencing severe economic hardship as a direct result of the earthquake in April 25, 2015. The students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F–1 student status. (80 FR 69237).

APPLICATION FINAL ACTION DATES FOR December 2015

FAMILY	India	Pakistan/Bangladesh
1st	01Apr08	01Apr08
2A	15Jun14	15Jun14
2B	01Mar09	01Mar09
3rd	01Jul04	01Jul04
4th	22Mar03	22Mar03

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Jun07	Current
3rd	22Apr04	01Sep15
Other	22Apr04	01Sep15
4th	Current	Current
5th	Current	Current1B

DATES FOR FILING VISA APPLICATIONS - December 2015

FAMILY	India	Pakistan/Bangladesh
1st	01May09	01May09
2A	01Mar15	01Mar15
2B	01Jul10	01Jul10
3rd	01Apr05	01Apr05
4th	01Feb04	01Feb04

EMPLOYMENT	India	Pakistan/Bangladesh
1st	Current	Current
2nd	01Jul09	Current
3rd	01Jul05	01Sep15
Other	01Jul05	01Sep15
4th	Current	Current
5th	Current	Current1B