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Immigration News Briefs

By Humera Subhani Email By Humera Subhani
December 2015
Immigration News Briefs

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

 

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