U Visa Cap Reached

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U Visa Cap Reached for FY 2016

 

For the seventh consecutive year, USCIS has granted the statutory maximum of 10,000 U visas. That means until October 1, the beginning of the 2017 Fiscal Year, USCIS is unable to grant an applicant U visa status. In the alternative, USCIS will place applicants on a waiting list. The waiting list allows an applicant to apply for employment authorization. It basically means that the applications looks like it can be approved, but it cannot be approved at the present time because there are no more U visas available. There does not seem to be any congressional push to increase the statutory limit.

Quotas and statutory limits are a reality of immigration law. There are green card quotas, hence the Visa Bulletin, and there are statutory limits on the number of certain kinds of visas that can be granted. The H-1B statutory cap is one such prominent example.

The U visa is unique, in that it offers relief to a victim of a qualifying crime. It is also unique in the sense that it does not require prior legal status to execute a change of status. The standard is that switching to a visa requires the applicant to maintain status. For example, someone cannot change her status to an E-2 visa if she is out of status. That person must maintain a valid status in order to make that change.

2015 DHS Statistics

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2015 DHS Statistics for Enforcement and Removal

 

The Department of Homeland Security has released statistics for immigration enforcement for Fiscal Year 2015. DHS apprehended 406,595 with a total of 462,463 removals and returns. The Border Patrol made 337,117 apprehensions and Immigration and Customs Enforcement removed or returned 235,413 individuals. 91% of the returned individuals were convicted criminals, which has been a priority in reducing threats to public safety, border security, and national security. The data also indicate that fewer individuals are attempting to cross the border without authorization

ICE Raids in January

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ICE Raids in January

The Washington Post reported last week that the Obama Administration is planning to direct Immigration and Customs Enforcement (ICE) to conduct raids on individuals who have orders of removal against them in absentia. The individuals are mostly from Central America and because their orders are in absentia, their cases for relief have not been heard by an immigration judge. Immigration and Customs Enforcement is an agency with the Department of Homeland Security, and it is responsible for securing the United States internally. Part of those responsibilities include seeking out individuals who are not authorized to be present in the United States.

The individuals targeted for removal have final orders against them, but in absentia means that for whatever reason, the immigration judge placed an order of removal against them when they were not present at their hearings. They may not even know that an order of removal is placed against them. The move by the Obama Administration seems to take a stark contrast to its recent years on the subject of unauthorized migrants. In 2012, an executive order for Deferred Action enabled millions of “Dreamers” to gain temporary legal stay. In 2014, additional executive actions sought to expand Deferred Action to more migrants without status, though their legality is currently being contested in courts. Before those executive actions, however, the Obama Administration was removing individuals at record rates.

Given that the presidential elections are less than a year away and primary season is just about to kick off, each action that the Obama Administration takes on immigration will have consequences in the election and for the candidates.

International Migrants Day

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The UN Celebrates International Migrants Day

“On International Migrants Day, let us reaffirm our commitment to shape diverse and open societies that provide opportunities and lives of dignity for all migrants.”

Ban-Ki Moon and the United Nations celebrates International Migrants Day today. This is the sixteenth celebration of International Migrants Day, and it is in recognition of the increasing number and importance of immigrants and non-immigrants to countries and communities around the world. The United States has prided itself on having thriving immigrant communities, but the rest of the world has been experiencing its own migrant experiences. Western European countries post World War II have been built on the strength of migrant communities, Brazil and Argentina are renown for their immigrant communities, and Canada is a rich mosaic of migrants.

In the United States, 13% of all Americans are immigrants today and that does not include the millions of nonimmigrants who are currently residing in the country as F-1 visa students, H-1B workers, and various other visa holders. Migration can sometimes involve difficult and arduous journeys and International Migrants Day tries to draw attention to the peril of those migrations. It also rallies support against racism and intolerance encourages better public perception of migrants and migration. The State Department lamented the hardship many migrants have faced in trying to escape to better lives. This day is particularly poignant given world events recently.