Da Silva Law Group

01/08/2026

H.R.1 Annual Asylum Fee With EOIR

Asylum FEE UPDATE -

Source: Catholic Legal Immigration Network, Inc.

On Jan. 2, 2026, the Executive Office for Immigration Review (EOIR) issued a policy memorandum rescinding and cancelling Policy Memorandum 25-36 regarding the Annual Asylum Fee (AAF) under H.R. 1 following ongoing litigation in ASAP v. USCIS. The new EOIR policy memorandum clarifies that the AAF will be waived for asylum applications that were pending for one year or more between July 5, 2025, and Sept. 30, 2025, and that were administratively final as of Sept. 30, 2025. The AAF will apply to applications that have been pending for one year or more as of Oct.1, 2025. Applicants will not be required to pay the AAF until an Immigration Judge (IJ) issues a written order setting a payment deadline with instructions for payment and consequences of nonpayment. EOIR emphasizes that it lacks authority to require IJs to set a specific deadline. Applicants whose cases are denied for failure to pay the AAF may challenge the decision through a motion to reopen or reconsider, an appeal to the Board of Immigration Appeals, or a petition for review in federal court, and not through a claim under the Administrative Procedure Act. EOIR also specifies that IJs should not issue oral notices or orders in addition to the written AAF payment order.

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12/08/2025

Da Silva Law Group T. (781) 223-6100
"USCIS PM Halts All Asylum Applications and All Benefit Applications from "High-Risk" Countries"

USCIS issued a policy memorandum (PM-602-0192) placing a hold, pending comprehensive review, on all asylum applications for all applicants and all pending benefit applications for people from the 19 countries named in Presidential Proclamation 10949. It also directs re-review of all approved benefit requests for people from those countries who entered the U.S. on or after 1/20/21.
-AILA

03/06/2025

Know Your Rights: Important Information for Immigrants Facing ICE Raids

At Da Silva Law Group, we recognize the concerns many immigrants have regarding ICE raids. Being informed about your rights is crucial for navigating these challenging circumstances.

Helpful Pamphlet

We’ve attached a pamphlet that you can print and carry with you as a helpful resource.

We Are Here to Support You

Our skilled immigration attorneys are committed to safeguarding your rights. We are bilingual and speak Portuguese and Spanish, ensuring clear communication for our clients. If you have any worries about ICE raids, please don’t hesitate to contact us.

**Get in Touch**
📞 T. 781-223-6100

Stay informed and empowered. You are not alone in this journey.

01/21/2025

Trump Announces ICE RAIDS to begin

Immigration Troubles?

DA SILVA LAW GROUP
Immigration & Criminal Defense Attorneys
Advogados/Abogada/Attorneys
T. (781) 223-6100

11/19/2024

Immigration Attorney Michele Da Silva
Da Silva Law Group
Falamos Português / Hablamos Español
T. (781) 223-6100

Know Your Rights When Interacting with U.S. CBP Agents Within 100 Miles of the U.S. Border

As the threat of mass deportations looms under the Trump administration, it’s crucial to be aware of your rights when in contact with U.S. Customs and Border Protection (CBP) agents, especially within 100 miles of the U.S. border.

The Fourth Amendment of the U.S. Constitution protects people from random and arbitrary stops and searches. Although the federal government claims the power to conduct certain kinds of warrantless stops within 100 miles of the U.S. border, important Fourth Amendment protections still apply. This hel...

07/04/2024

03/12/2024

DA SILVA LAW GROUP
CRIMINAL & IMMIGRATION ATTORNEYS
T. 781-223-6100

USCIS Streamlines Employment Authorization Document
March 12, 2024

USCIS has begun implementing a streamlined process for Form I-765, Application for Employment Authorization, to provide Employment Authorization Documents (EADs) more efficiently to eligible refugees after they are admitted into the United States. This streamlined process shortens the wait time for an EAD to approximately 30 days instead of several months. All individuals admitted into the United States as refugees on or after Dec. 10, 2023, will receive EADs pursuant to this new process.

With this new process, USCIS will digitally create a Form I-765 for arriving refugees and begin adjudicating it as soon as they are admitted into the United States. After USCIS approves a refugee’s Form I-765, refugees will generally receive their EAD within one to two weeks. USCIS will mail their EAD via U.S. Postal Service Priority Mail to their address of record. The time frame for a refugee to receive their EAD card may vary, depending on delivery times.
Please allow a total of 30 days before inquiring.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail a Social Security card to the refugee.
USCIS recognizes that documents such as an EAD and Social Security card are critical to a newly arrived refugee’s ability to integrate into the United States.

This process does not apply to following-to join refugees admitted into the United States based on an approved Form I-730, Refugee/Asylee Relative Petition. Additionally, refugees seeking a replacement or renewal EAD will still need to complete and submit Form I-765.

Source:

USCIS has begun implementing a streamlined process for Form I-765, Application for Employment Authorization, to provide Employment Authorization Documents (EADs) more efficiently to eligible refugees after they are admitted into the United States.

10/17/2022

Immigration Changes in the horizon to take effect on December 23, 2022 which may affect your eligibility for benefits such as a green card.

By Attorney Michele Da Silva
Da Silva Law Group
The Office of the Citizenship and Immigration Services Ombudsman has shared information on the USCIS final rule on public charge ground of inadmissibility. The new rule will go into effect on Dec. 23, 2022 and will apply to applications postmarked on or after that date.

Prior to Dec. 23, 2022, USCIS will continue to apply the 1999 Interim Field Guidance on public charge inadmissibility, as it has done since March 9, 2021.

What you need to know:

Under the final rule, USCIS will determine if someone is likely to become a public charge based on the following:
• Age, health, family status, financial status (including assets and resources), education, and skills;
• Whether a sponsor has submitted Form I-864, Affidavit of Support Under Section 213A of the INA, for you (when required); and
• Whether an individual has received or is receiving:
o Supplemental Security Income (SSI);
o Cash assistance for income maintenance under Temporary Assistance for Needy Families (TANF);
o State, tribal, territorial, or local cash benefit programs for income maintenance (often called “General Assistance”); or
o Long-term institutionalization at government expense.
USCIS will NOT consider the following when making a public charge determination:
• Benefits received by an individual’s family members;
• Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs benefits;
• Children’s Health Insurance Program (CHIP) benefits;
• Medicaid (other than long-term institutionalization at government expense);
• Housing benefits;
• Any benefits related to immunizations or testing for communicable diseases; or
• Other supplemental or special-purpose benefits.
Under U.S. immigration law, public charge inadmissibility does not affect or apply to some applicants. That means the new rule will not affect certain individuals if they are:
• Already a lawful permanent resident (in most cases);
• A refugee;
• An asylee;
• Applying for or re-registering for Temporary Protected Status;
• A special immigration juvenile; or
• Applying for or have T, U, or Violence Against Women Act (VAWA) status.

The good news is that for most individuals who have used MassHealth, assistance for their children, Medicaid for hospital and doctor assistance, the expected new policy should not be an issue of inadmissibility.

For all things immigration, contact Da Silva Law Group at 781-223-6100. We have offices in Boston, Framingham and New York City.

10/08/2022

DACA update from USCIS
ALERT: Important Update on Deferred Action for Childhood Arrivals

On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.

At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Consistent with the court’s order [PDF] and the ongoing partial stay, we (USCIS) will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests.

The FAQs at Additional Information: DACA Decision in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021) (“Texas II”) are still applicable.

We will provide additional updates as more information is available.

USCIS