At the same time that immigration judges are having their discretion restricted, USCIS adjudicators are having their discretion expanded. The governing regulations explicitly provide an adjudicator the discretion to deny a case outright if the record does not establish eligibility for the immigration benefit, or issue a Request for Evidence (RFE) or Notice of Intent […]
Palmer Polaski Blog
Of the more than 2,500 children who were separated from their parents due to the Trump Administration’s “zero tolerance” policy on border crossers, close to 550 children have yet to be reunified and an estimated 463 of their parents are no longer in the United States. In the wake of this disastrous policy, the American […]
Judge Orders DACA Reinstatement: The lawsuit against terminating DACA continues in federal court, where a district court judge ruled that the program must be fully restored. The government has until August 23 to respond or appeal the order. TPS Extensions for Yemen and Somalia: On July 19, 2018, DHS Secretary Kirstjen Nielsen announced that Temporary […]
Just before this year’s H-1B lottery, USCIS published a memorandum that requires petitioners who place their H-1B employees at third-party worksites to provide significantly more evidence to establish the employer-employee relationship. Such evidence could include documentation of specific work assignments, copies of contractual agreements, itineraries, and detailed work statements covering the entire duration of H-1B […]
Palmer Polaski Senior Partner, David Harston was selected as the 2019 “Lawyer of the Year” for Immigration Law in the Denver area. Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this accolade particularly significant. These lawyers are selected based on particularly impressive […]
Denver, Colorado, August 15, 2018 Senior Partner David Harston and Partner Camila Palmer have both been selected by their peers for recognition in the 25th Edition of The Best Lawyers in America, for their work in Immigration Law.
A district court judge recently issued an important decision regarding the one-year filing deadline for asylum applications. By law, an asylum seeker who is present in the United States may apply for asylum but must do so within one year of arrival. The proper place to file (or lodge) the asylum application depends on which […]
As the Trump Administration continues to take a hardline stance toward China in the sphere of free trade and open markets, the Department of State is considering limiting the issuance of F-1 visas to Chinese nationals. A June 11, 2018 proposal is a direct response to China’s alleged intellectual property violations. There has been no […]
While significant attention is given to the U.S.-Mexico border, our northern border with Canada still merits attention and security. DHS recently released its Northern Border Strategy to secure the 5,525-mile border, the longest land boundary between two countries in the world. The terrain on the border varies widely according to location and seasonal weather patterns, […]
USCIS announced that EB-5 investors filing I-829 applications and marriage-based petitioners who file I-751 applications to remove the conditions on their green cards will be able to use the receipt notice as evidence of continued status for 18 months past the expiration date on their conditional green card. This increased validity period (up from 12 […]