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Immigration update

The immigration world is changing everyday with new headlines. We attempt to bring together some of the immigration updates that may impact us.

H-4 EAD Rule: The Department of Homeland Security (DHS) has no update regarding H-4 EAD rule. Currently, new H-4 EAD applications and extensions are still being adjudicated as per the final rule effective since May 26, 2015. Although it is anticipated that the rule to rescind H-4 EAD is at the final stages of clearance and DHS is expected to publish formal notice of the proposed rule in the Federal Register. Once the proposed rule is published, there will be a 30-60 days of public comment period, after which DHS will review these comments and will than issue a final rule on the EAD program. Hence, there is still some time before we have an update on recession rule on H-4 EAD.

Domestic violence not grounds for asylum: Immigrants were eligible for asylum on the grounds of domestic violence in their home country. But on June 11, 2018, Attorney General Jeff Sessions ordered immigration judges to stop granting asylum to victims of domestic abuse and gang violence and left it to the policing policies of their respective countries. This decision over turns 2014 ruling of Board of immigration appeals, Matter of ARCG et al, and on a bigger platform, it goes against the United Nation’s declaration on the Elimination of Violence Against Women adopted in 1993.

Receipt notices for Form I-751 & Form I-829: As of June 11, 2018, petitioners filing Form I-751 (Petition to remove conditions on Residence) or Form I-829 (Petition by Entrepreneur to Remove Conditions on Permanent Residence Status) will receive receipt notices (Form I-797) that can be presented along with the Permanent Resident card. This receipt notice will be an evidence of continued status for 18 months past the expiration of the Permanent Residence card. For those with pending petitions as of June 11, 2018, will receive a new receipt notice.