Our firm recently attended this year’s American Immigration Lawyers Association (AILA) national conference in New Orleans, which provides the opportunity for immigration attorneys from across the country to gather and discuss the latest and important issues of the day. From new laws, regulations, and executive orders, to ideas on how best to serve the immigrant community, to on-the-ground experience of seasoned attorneys who can provide useful tips and updates related to the immigration process, the conference provided Dayzad Law ample information to share with our clients.

Advance Parole: Many of our clients who hold lawful H or L status also eventually apply for a Green Card. As a part of that process, they are able to apply for Advance Parole, which allows an applicant to travel internationally while their Green Card is pending. However, there have been several reports of applicants traveling abroad on their lawful H or L visas before the Advance Parole application is approved, only to then have their Advance Parole denied as a result. Despite these instances, some Advance Parole petitions are still getting approved, so we believe it is still worth applying for, as there is very little downside to submitting an Advance Parole application, even if it is ultimately denied.

H-1B Premium Processing: USCIS has indicated that H-1B Premium Processing will slowly be phased back in the following order: Extension of Status applications, Cap exempt applications, and then Cap subject applications.  As of posting, we have not yet seen the suspension on any of these categories lifted, but will continue to monitor and alert clients as the upgrade becomes available. Further, Premium Processing for international manager/executive immigrant visa petitions for LPR are still unlikely in the near future.

Important to Maintain Temporary Immigration Status While Green Card Application Pends: Immigration and Customs Enforcement stated it considers people who have pending Green Card applications, but no underlying temporary status, as potential targets for removal.  This makes maintaining H-1B, F-1, L-1, etc. status even more important than ever for our clients.  However, so far there have been no specific reports of removal proceedings for such persons yet.  Moreover, if a visa number is current for a Green Card applicant, the practical worst case effect of being put into removal proceedings would be to adjudicate the application in court rather than through the mail with USCIS.

Accuracy in Consulate Applications Essential: USCIS has recently been cross-referencing DS-160 applications with other types of applications, including Green Card applications, and denying them based on inconsistencies.  Our Travel Visa applicants who opt for “Full Service” should not worry though, because we prepare the form meticulously and have always cross-referenced for internal consistency.

As always, Dayzad Law will continue to monitor any updates or news in immigration law and share what we learn with our clients.