UK Passport Workers Go on Strike

Hundreds of passport workers in the UK have gone on strike, citing staff numbers and pay as the cause of the dispute. The strike is taking place at all eight of the UK's Passport Office sites - Belfast, Durham, Glasgow, Liverpool, Southport, London, Newport, and Peterborough.  Read More >

What’s Going On With Consular Delays? (Part 1)

The U.S. Department of State Bureau of Consular Affairs is currently experiencing technical problems with its passport and visa system. Consular services are operational, but currently issuing documents at a reduced capacity. This issue is worldwide and is not specific to any particular country, citizenship document, or visa category.   

Applicants may experience delays or may be unable to obtain a U.S. passport, Report of Birth Abroad, or visa. The U.S. Department of State has indicated that routine passport services are not affected at this time.

For more information regarding visa issuance or U.S. passports, please contact William J. Flynn III, Board Certified in Immigration and Nationality Law.

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the minimum. However, there are situations that would allow a nursing position to qualify as a specialty occupation. For example, certain advanced practice registered nurse (APRN) positions that normally require a U.S. bachelor’s or higher degree in a specific specialty.    Read More >

William Flynn Talks to News Radio 970 WFLA on the Status of Immigration Reform

On July 17, Buchanan Ingersoll & Rooney Shareholder William Flynn talked to News Radio 970 WFLA about the influx of Central American children on our Southern border and the impact of this increase on governmental services. Flynn also provides an update on the current status of immigration reform.

Listen to Flynn’s full interview here.  

Florida Driver’s Licenses Issued to Individuals With Approved I-601A Provisional Waivers

The Florida Department of Highway Safety and Motor Vehicles (“FLHSMV”) regularly publishes a list of documents that it will accept as proof of immigration status in connection with an application for a Florida Driver’s License. The list of acceptable documents was recently revised to include individuals who are the beneficiaries of approved I-601A, provisional unlawful presence waiver applications. Read More >

Immigration Court Backlog Reaches All-Time High Due to Influx of Juvenile Immigrants

According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June 2014, the number of cases awaiting resolution before the Immigration Courts has reached 375,503 – an all-time high and an increase of more than 50,000 since the start of fiscal year 2013.  Read More >

Deficient Approval Notices Issued

The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval notices has been resolved. The error occurred at the California Service Center (“CSC”) and the Vermont Service Center (“VSC”). Due to a printing error, defective extension and change of status approval notices (Form I-797) were issued that did not contain an I-94 card attached at the bottom of the document. Read More >

EOIR Seeks to Designate Temporary Immigration Judges

The Executive Office for Immigration Review (EOIR) is an agency within the Department of Justice. EOIR’s immigration judges conduct administrative court proceedings in immigration courts located throughout the nation. They determine whether foreign-born individuals—whom the Department of Homeland Security charges with violating immigration law—should be ordered removed from the United States or should be granted relief from removal and be permitted to remain in this country.    Read More >

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary Protected Status (TPS). In the case, two sisters from El Salvador sought TPS based, in part, on the physical presence of their mother. One of the requirements for TPS is that the foreign national demonstrate continuous physical presence in the US since the most recent designation date for the individual’s home country. In Duarte-Luna, the mother was physically present on the designation date, but the minor children did not arrive in the U.S. until two years later. In some cases, such as those involving abandonment of permanent residence, a parent’s residence can be imputed to minor children. However, the BIA held that physical presence could not be imputed for TPS purposes, as there was a distinction between matters involving “state of mind,” such as one’s residence or domicile, and objective facts, such as physical presence.   

USCIS Issues Guidance on “Extraordinary Circumstances” Under CSPA

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum on evaluating claims of “extraordinary circumstances” for late filings when the applicant must have sought to acquire lawful permanent residence within one year of visa availability pursuant to the Child Status Protect Act (CSPA).   Read More >

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