Judge Orders Denaturalization As a Result of Operation Janus

On January 5, a judge of the U.S. District Court for the District of New Jersey entered an order revoking the naturalized U.S. citizenship of Baljinder Singh aka Davinder Singh, and canceling his Certificate of Naturalization.

Singh’s denaturalization is the first arising out of a growing body of cases referred to the Department of Justice by United States Citizenship and Immigration Services (USCIS) as part of Operation Janus. The action against Singh was filed contemporaneously with two other Operation Janus cases.

A Department of Homeland Security initiative, Operation Janus, identified about 315,000 cases where some fingerprint data was missing from the centralized digital fingerprint repository. Among those cases, some may have sought to circumvent criminal record and other background checks in the naturalization process. These cases are the result of an ongoing collaboration between the two departments to investigate and seek denaturalization proceedings against those who obtained citizenship unlawfully.

USCIS dedicated a team to review these Operation Janus cases, and the agency has stated its intention to refer approximately an additional 1,600 for prosecution.

Baljinder Singh aka Davinder Singh, 43, a native of India, arrived at San Francisco International Airport on Sept. 25, 1991, without any travel documents or proof of identity. He claimed his name was Davinder Singh. He was placed in exclusion proceedings, but failed to appear for his immigration court hearing and was ordered excluded and deported on Jan. 7, 1992. Four weeks later, on Feb. 6, 1992, he filed an asylum application under the name Baljinder Singh. He claimed to be an Indian who entered the United States without inspection. Singh abandoned that application after he married a U.S. citizen, who filed a visa petition on his behalf. Singh naturalized under the name Baljinder Singh on July 28, 2006. Singh has been residing in Carteret, New Jersey.

Following the judge’s order, Singh’s immigration status reverted from naturalized citizen to lawful permanent resident, rendering him potentially subject to removal proceedings at the Department of Homeland Security’s discretion.

Geygan & Geygan, Ltd.

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Judge enjoins administration on terminating DACA

Federal judge, William Alsup, Tuesday, 01/09/2017, barred the Trump administration from terminating the DACA program, which shielded more than 700,000 people from deportation.

The U.S. District Judge ruled that the program must stay intact while litigation is played out. The judge further ordered that until a final judgment is reached, the program must continue and those already approved for DACA protections and work permits must be allowed to renew them before they expire.

Those who have never received DACA protections, however, will not be allowed to apply.

The plaintiffs in the suit included, among others, attorneys general from California, Maine, Maryland, Minnesota and the University of California
Xavier Becerra, California’s attorney general, filed a motion seeking the preliminary injunction in November, saying that the move is in violation of the U.S. Constitution and causes “irreparable” harm to DACA recipients.

Becerra said in a statement late Tuesday that the ruling is a “huge step in the right direction.”
“America is and has been home to Dreamers who courageously came forward, applied for DACA and did everything the federal government asked of them,” he said. “They followed DACA’s rules, they succeeded in school, at work and in business, and they have contributed in building a better America.”

Geygan & Geygan, Ltd.

8050 Hosbrook Road
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United States (US)
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International Entrepreneur Rule Is Being Implemented

U.S. Citizenship and Immigration Services (USCIS) December 14th, 2017, it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.

Although the IER was published during the previous administration with an eective date of July 17, 2017, it did not take eect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IERs eective date until March 14, 2018. This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS final rule to delay the eective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule.

The IER was published during the previous administration to provide an unlimited number of international entrepreneurs a new avenue to apply for parole, enter the U.S., and use American investments to establish and grow startup businesses. Parole is a discretionary grant made by the Secretary of Homeland Security and is granted only on a casebycase basis for urgent humanitarian reasons or significant public benefit. The rule established new criteria to guide the adjudication of parole applications from certain foreign entrepreneurs, providing them with temporary permission to come to the country. The rule did not aord a path to citizenship, which only Congress can do.

Geygan & Geygan, Ltd.

8050 Hosbrook Road
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United States (US)
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New Appointment Scheduling System For E-visas For Canada

On December 5, Mission Canada implemented a new appointment scheduling system for E-visas. This is strictly a processing change that will allow them to receive and review E-visa applications before the applicant schedules an in-person interview (as opposed to the old system, which permitted applicants to schedule an appointment before submitting an application or supporting documentation). We anticipate that the new system will speed up processing time and help us provide better customer service to you and your clients.

Under the new system, E-visa applications will be sorted into two processing streams based on the time needed to review the required documentation.

New Cases and Renewals – First-time applicants and those wishing to renew the registration status of their E-visa company will be offered a “deferred interview” appointment. While applicants will still need to first create an appointment profile and pay the required visa application fee online at https://ais.usvisa-info.com, the interview will be deferred until applicants have electronically submitted their application and supporting documents to the U.S. Consulate in Toronto via evisacanada@state.gov. Once their application has been reviewed, which requires at least 10 business days, we will send applicants instructions on how to make an appointment for an in-person interview. Applicants will be unable to schedule an appointment until then. Only applications in the queue for “New Cases and Renewals” will be considered for company registration or re-registration.

Employees of Registered Companies and Dependents – Employees of currently registered E- visa companies, and qualifying family members of current E-visa holders, may schedule the next available appointment in Calgary, Montreal, Ottawa, Vancouver or Toronto.

For additional information about the E-2 visa, please see our free download here.

Geygan & Geygan, Ltd.

8050 Hosbrook Road
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DHS Notice on Termination of TPS for Nicaragua

DHS published a notice in the Federal Register of the termination of Nicaragua’s designation for Temporary Protected Status (TPS) and also of the six-month extension of Honduras’ TPS designation. Nicaragua’s current TPS designation will expire on January 5, 2018, and there will be a 12-month transition period before it terminates on January 5, 2019. Honduras’ TPS designation was automatically extended for six months through July 5, 2018, during which time DHS will decide whether to extend it, redesignate, or terminate it. The 60-day re-registration period for both Nicaraguan and Honduran TPS beneficiaries will run from December 15, 2017, through February 13, 2018.

Geygan & Geygan, Ltd.

8050 Hosbrook Road
Cincinnati, Ohio 45236
United States (US)
Phone: 5137911673
Fax: 5137911683
Email: ThomasJr@geygan.com
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