Palmer Polaski Blog

USCIS is no longer scheduling affirmative asylum cases based on a “first in, first scheduled” basis. Now, cases that have been pending less than 21 days will be scheduled first, working backwards toward older cases. This new scheduling approach is purposefully aimed at deterring “individuals from using asylum backlogs solely to obtain employment authorization by […]

Systemic and crippling court backlogs are a source of frustration for all sides — ICE, immigrants, and immigration judges alike. Administrative closure is a key tool used by immigration judges to prioritize cases and manage their ever-growing case load. It allows a judge to use discretion and allows immigrants to pursue other forms of relief […]

DHS Secretary Nielsen has determined that an extension of the Temporary Protected Status designation for Syria is warranted pursuant to INA §244(b)(1)(A) (ongoing armed conflict) and INA § 244(b)(1)(C) (temporary but extraordinary conditions). The designation has been extended for another 18 months, through September 30, 2019. However, there is a small caveat in the determination: […]

Judge Nicholas G. Garaufis of the federal district court in Brooklyn has stepped into the DACA debate and issued an injunction ordering the Administration to keep DACA in place as it was before the Administration announced termination of the program. However, USCIS has announced that it is not accepting DACA requests from individuals never granted […]

President Trump’s decision to end the DACA program has served as a catalyst to reform the country’s broken immigration system quickly. Over the past five months since the announcement that DACA would be terminated on March 5, popular and political support for DACA gained momentum. The President also expressed a desire for fair treatment of […]

This month, USCIS announced that it will now accept credit card payments for 41 of its fee-based forms being processed at USCIS lockbox facilities. These forms include the I-130 petition for relatives, I-140 petitions for employees, and I-485 green card applications. The Form I-129 is not included, meaning that fees for H-1B, O, P, E, […]

In November, the Senate published its proposed budget for FY2018 Department of Homeland Security funding. Some $53 billion is doled out over 12 major components and agencies that make up one of the largest departments in the U.S. government. While the bill is still pending and will be amended, it captures the mood of the […]

The Office of Inspector General (OIG) conducted an audit of the H-1B program and determined that USCIS employer site visits were being conducted in a sparse and inefficient manner. The purpose of these visits is to determine if the foreign national is working at the jobsite indicated in the petition, if the salary stated in […]

Attorney General (AG) Jeff Sessions has expressed his frustration with the pace of case processing before the Executive Office of Immigration Review (EOIR), and its immigration court. The agency is facing a caseload of 650,000, which has far outstripped the agency’s resources to hear cases in a timely manner. The initial response was to hire […]

On December 5, the Senate confirmed Kirstjen M. Nielsen as the new Department of Homeland Security (DHS) Secretary with a 62-37 vote. She was sworn in the following day. While Secretary Nielsen is the first former DHS employee to hold the position, many senators who voted against confirmation noted that she lacks sufficient management experience.