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US Immigration Law Archives

Supreme Court rules in DACA case

Immigrants in Arizona and around the country who have sought protection under the Deferred Action for Childhood Arrivals program will continue to be protected for now. On Feb. 26, the U.S. Supreme Court refused to hear an appeal by the Trump administration to a Jan. 9 injunction from a California federal district court judge that put a stop to the administration's efforts to end the DACA program. Around 700,000 people are protected by this program that provides them with work permits for two years and then requires them to reapply.

Trump administration mulling welfare checks for immigrants

Immigrants in Arizona and around the country who receive SNAP benefits or other forms of financial assistance would find obtaining permanent residence more difficult under a policy being considered by President Trump. Immigration officers could check whether or not green card applicants have received or sought to receive public benefits for either themselves or their dependents under a draft policy from the Department of Homeland Security. The agency says that the rule change is needed to prevent immigrants from becoming burdens on society.

The rate of naturalization rises from 2005 to 2015

Arizonans may be interested to learn that most of the largest immigrant groups in the United States had increased rates of naturalization from 2005 to 2015, according to a study conducted by the Pew Research Center. The largest increase was among immigrants from Ecuador and India. The nations that either showed a decline or no change were Honduras, Cuba and China.

New rules may alter who can work in the United States

Since 2015, those who are the spouses of H-1B visa holders have been allowed to work in Arizona and throughout the United States by holding a H-4 visa. However, this rule may be revoked as per an executive order issued by President Trump in April 2017. It is thought that revoking the rule implemented by President Obama could make it harder to convince H-1B visa holders to remain in the country.

How an undocumented person could obtain legal status

Located near the border to Mexico, Arizona is one of several states where undocumented immigrants may choose to live. Although an undocumented person residing anywhere in the United States may face deportation, there is also a chance that they could get permanent resident status. Anyone who has been in the country for 10 consecutive years or longer may qualify for Cancellation of Removal if certain requirements are met.

A second chance for late DACA applications

In what is likely to be heralded as good news in many sectors of Arizona, hundreds of DACA renewal applicants that were said to have missed the October 5th deadline will have the chance to reapply. It came to light that many did, in fact, submit their applications on time, but unexplained Postal Service slowdowns caused their applications to arrive after the deadline.

Central American immigrants may be forced to leave US

Arizona residents may have heard that the United States is ending the special status currently given to 5,300 people of Nicaraguan origin. This protection is set to end in January 2019 according to the Trump administration. Another 86,000 Honduran residents who receive protection under the Temporary Protected Status will continue under that program until July 2018. However, there is no guarantee that the program will be extended after that.

Immigration rules tighten for military

Some immigrants who live in Arizona, as well as the rest of the country, volunteer for military service. For many, the military provides both career opportunities as well as a path to US citizenship. However, there are changes afoot that will affect immigrant service members and potential service members.

Criteria for EB-1-B to enter the U.S. for a research job

A private research company or university in Arizona that wishes to employ a noncitizen within the country could prepare a EB-1-B application. Only a potential employer can initiate this process. The proposed position cannot be temporary; it must be permanent or tenure track. The U.S. Citizens and Immigration Services reviews this application before granting a researcher or professor a priority worker immigrant visa. To gain approval, an applicant's credentials must be outstanding and meet a minimum of two out of six requirements.

USCIS challenging far more H1-B visa applications under Trump

Immigration was a hot-button issue during the 2016 presidential election campaign, and this was especially true in border states like Arizona. Donald Trump vowed to tighten immigration laws and deport illegal aliens if elected, and data from the U.S. Citizenship and Immigration Services reveals that his administration has taken steps to make securing H1-B visas more difficult for foreign workers. Between January and August, the number of H1-B visa applications rose by only 3 percent compared with the same period in 2016. However, the 85,000 challenges to these applications issued by USCIS represents a 45 percent increase over the number issued a year ago under the Obama administration.

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