USCIS’s new policy regarding “unlawful presence” for foreign students (academic and vocational) and exchange visitors and their dependents is now in effect. This means that foreign students (F-1, J-1, M-1) will begin accruing unlawful presence on the day after the student violates the terms of his or status, such as fails to pursue the authorized […]
Palmer Polaski Blog
Around the same time that USCIS issued its new policy regarding RFEs and NOIDs, USCIS updated its guidance for referring cases to the immigration court through the issuance of a Notice to Appear (NTA), and thus increasing its enforcement actions to a whole host of cases that normally are not automatically referred for proceedings. Service […]
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 […]
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 […]