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DACA Just Hit a STOP Sign

7/28/2020

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Unfortunately, the Department of Homeland Security (DHS) announced that they will not accept initial applicants for DACA. Just ten days ago a District Court judge in Maryland ordered U.S. Citizenship and Immigration Services (USCIS) to begin accepting initial applicants.

We have been rushing to apply for our clients since we thought that the Trump administration would try to put the brakes on DACA. We didn't think it would be this soon. There will certainly be litigation about this program in the near future.

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https://www.dhs.gov/news/2020/07/28/department-homeland-security-will-reject-initial-requests-daca-it-weighs-future?fbclid=IwAR2KLxqZ6WzAGigFZFIHCwyAEVnRAgvc90TBytAvVyackj9RmIOD3DNKHGw
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DACA is BACK!!!

7/21/2020

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July 17, 2020, a U.S. District Judge in Maryland ordered U.S. Citizenship and Immigration Services ("USCIS") to begin accepting new applications for DACA (Deferred Action for Childhood Arrivals). I've had several young people over the past few years asking if they could apply for the program. The ability to apply as a first time applicant was suspended in 2017 under the Trump administration.

Following a 5-4 U.S. Supreme Court decision regarding DACA in June 2020, a District Court decided that USCIS must accept new applications!

This is great news! We're offering 10 minute phone consultations for DACA inquiries ONLY for a limited time. Contact us today!
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Student Visas Are Now Back On!

7/15/2020

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Department of Homeland Security announced earlier this month how F-1 student visa holders would meet new restrictions if their intended schools/universities were to hold ONLINE ONLY classes this upcoming semester.

This threw many clients into a panic since the new semester is to begin next month! MIT and Harvard joined in a lawsuit to contest the new policy. Many companies and states also filed lawsuits.

Yesterday, it was announced that the Trump administration is rescinding the policy. Therefore, F-1 student visa holders may remain in the United States even if their school/university is holding classes only ONLINE this semester.

​https://nyti.ms/390knpR
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MIT and Harvard Sue Over the New F-1 Student Visa Policy

7/8/2020

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Surprise! Two prominent U.S. universities filed a lawsuit today in response to the new temporary final order issued by the Department of Homeland Security "DHS" yesterday.

As stated in my last post, foreign F-1 student visa holders enrolled in universities who will have ONLINE ONLY classes this upcoming semester may not remain in the United States. The government's position is that with online only classes, the foreign student does not need to be in the U.S. in order to pursue coursework.

The lawsuit filed by MIT and Harvard argue that this new rule will negatively impact students who are in the middle of pursuing or about to start studies supporting a future career.

This fight isn't over. With classes supposed to start next month, we'll see what happens.
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https://www.wsj.com/articles/harvard-mit-sue-trump-administration-over-international-student-policy-11594214579?st=rquv4nvg8ni0ygb
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BREAKING NEWS: F-1 Student Visa Holders at Risk

7/7/2020

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The Department of Homeland Security issued a new temporary final rule stating that student visa holders who are attending universities that plan to offer ONLINE ONLY class in the upcoming fall semester will not be permitted to remain in the United States.

Even if the university campus is open, but all classes are offered online only, the student will not be able to remain in the U.S. If the university offers and the student enrolls in partial online/in person classes, the student may be able to remain in the U.S. 

This is a developing story. If you have questions, please contact our office TODAY.

https://www.insidehighered.com/news/2020/07/07/department-homeland-security-rule-bans-international-students-online-only#.XwTwCXwdMqs.link

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    Sara Goldberg is an immigration attorney in Houston, Texas, representing clients from all around the world.

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