<![CDATA[Smal Immigration Law Office - Blog: USA Immigration Law Updates]]>Thu, 12 Jun 2025 16:44:06 -0500Weebly<![CDATA[USCIS Changes Validity Period for Medical Exam Form I-693 Signed on or after Nov. 1, 2023]]>Thu, 12 Jun 2025 19:20:43 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-changes-validity-period-for-medical-exam-form-i-693-signed-on-or-after-nov-1-2023
06/11/2025

USCIS updated Volume 8 of the USCIS Policy Manual to clarify that a Form I-693, Report of Immigration Medical Examination and Vaccination Record, signed by a civil surgeon on or after Nov. 1, 2023, is only valid while the application the Form I-693 was submitted with is pending.

If the application a Form I-693 was submitted with is withdrawn or denied, that Form I-693 is no longer valid. This guidance is effective immediately and applies to applications pending or filed on or after June 11, 2025.
​
Under this updated policy, if an alien submitted Form I-693 with their Form I-485, Application to Register Permanent Residence or Adjust Status, and then they withdrew their Form I-485 or we denied it, then if they submit a future Form I-485, they must submit a newly completed Form I-693 signed by a civil surgeon.]]><![CDATA[June 9, 2025 Travel Ban and Restrictions on Certain Countries]]>Mon, 09 Jun 2025 04:04:21 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/june-9-2025-travel-ban-and-restrictions-on-certain-countriesOn June 4, 2025, President issued a Presidential Proclamation restricting the entry of foreign nationals from 19 countries—imposing complete restrictions on 12 countries and “partial” restrictions on 7 countries. The legal standing of such a ban is grounded in the Supreme Court’s holding in Trump v. Hawaii, which upheld the President’s broad authority to restrict the entry of foreign nationals.

The Proclamation is not as broad and likely affects fewer travelers and organizations than anticipated. To underscore this, current visa holders are not affected by the travel restrictions announced.

When does Proclamation become effective?

The Proclamation will go into effect at 12:01 AM EST on June 9, 2025. This allows critical time for impacted individuals to prepare, and anyone impacted by this Proclamation who is presently overseas should make plans to return to the United States immediately. Return travel should be planned for no later than the end of the day on Sunday, June 8, 2025.

The Proclamation applies to individuals who are outside of the United States when it takes effect and do not have a valid visa as of the effective date.

Countries Affected by Complete Travel Ban

For countries facing a “complete” suspension, entry to the United States by both immigrants and nonimmigrants is fully suspended. The impacted countries are:

1. Afghanistan               7. Haiti
2. Burma                        8. Iran
3. Chad                          9. Libya
4. Republic of Congo  10. Somalia
5. Equatorial Guinea   11. Sudan
6. Eritrea                      12. Yemen

The Trump administration explained that it was imposing broad travel restrictions on entry by individuals from these countries because of risk factors including limited vetting capabilities, information sharing policies, and other country-specific concerns – including terrorism, visa overstay rates, and cooperation (or lack thereof) in accepting back nationals removed from the U.S. As a result, organizations or family members sponsoring nationals from these countries should reconsider the timing of their travel to the United States for the foreseeable future—unless they qualify for one of the exceptions to the travel restrictions that are discussed later in this article.  

Countries Affected by “Partial” Travel Ban

For countries facing a “partial” suspension, entry to the United States of immigrants and nonimmigrants in the B-1/B-2, F, M, and J classifications is suspended.

Consular officers are also instructed to reduce the validity of other nonimmigrant visas to the extent permitted by law:

1. Burundi              5. Togo
2. Cuba                   6. Turkmenistan
3. Laos                   7. Venezuela
4. Sierra Leone

Countries on both the “complete” and “partial” restrictions lists will be periodically reviewed under the terms of the Proclamation to determine if any of the suspensions or limitations imposed should be continued, terminated, modified, or supplemented.

The initial review will take place within 90 days of the Proclamation, with subsequent reviews occurring every 180 days. As a result, employers sponsoring individuals from these countries and visa applicants from these countries should closely monitor changes in federal immigration policy that may allow for future changes to their US visa and entry eligibility.

What Exceptions Apply to Those Subject to Travel Restrictions?

While the Proclamation appears broad in scope, it is important to highlight the many exceptions to the policy change—it does not apply universally to individuals from the named countries. The exceptions implemented by the Proclamation closely track those provided for during the first Trump Administration, and significant exceptions include:
  1. Lawful permanent residents of the United States
  2. Dual nationals of a designated country traveling on a passport of a non-designated country (for example, a dual national of the UK and Chad may be able to travel using their UK passport)
  3. Diplomats holding A/G/NATO visas
  4. Athletes or members of an athletic team (including coaches and immediate relatives), traveling for the World Cup, Olympics, or other major sporting event designated by the Secretary of State
  5. Certain family-based immigrant visas and adoption visas
  6. Afghan and U.S. government special immigrant visa holders
  7. Religious minorities in Iran
  8. Individuals whose entry is determined to be in the national interest involving the Department of Justice, as determined by the Attorney General
  9. Individuals whose entry is determined to be in the national interest as determined by the Secretary of State
What Are National Interest Exceptions?

With respect to this final exception, following the travel bans imposed by the first Trump Administration, a robust system of National Interest Exceptions (NIEs) was developed by the Department of State to vet visa applications on a case-by-case basis to determine if visa issuance would serve a United States national interest. Although a Department of State implementation policy is not part of the current Proclamation, the similarities between the present Proclamation and the final travel bans upheld by the courts during the first Trump administration suggest that a similar vetting process may unfold in the coming weeks.

Of particular note, the prior framework for NIE issuance included the following categories of travelers:
  • Individuals providing vital support or executive direction for critical infrastructure
  • Individuals providing vital support or executive direction for significant economic activity in the United States
  • Individuals who are critical to U.S. law enforcement or intelligence efforts
  • Individuals traveling to support U.S. government interests, such as diplomatic missions or military cooperation
  • Individuals whose presence is urgently needed by a U.S. employer or agency
  • Athletes, artists, or other public figures participating in a high-profile event deemed to be in the national interest
  • Individuals with humanitarian grounds that intersect with national interest, such as medical professionals during health emergencies

The NIE process required an application to a U.S. Embassy or Consulate supported by extensive information to establish the importance of travel to the United States, including detailed letter(s) explaining the need for travel to the United States within the established parameters. Organizational sponsors and visa applicants should begin to explore creative arguments, buttressed by corroborating evidence, that illustrate how a traveler’s presence in the United States will advance key interests.

Even if robust NIE policies are implemented by the State Department, impacted individuals should expect delays in the review and adjudication of visa applications.  Delays and increased scrutiny are likely to occur globally and not be limited to applicants from directly impacted countries. 

It may take the State Department some time to develop a global policy implementing this Proclamation and disseminate this policy to consular posts; as such, employees should be particularly encouraged to monitor U.S. State Department websites for information regarding the implementation of this Proclamation and to determine if reciprocal restrictions are imposed for travel into other countries.  



]]><![CDATA[US Dept of State temporary paused issuance of F-1 student visas while creating vetting social media protocols]]>Thu, 29 May 2025 17:03:57 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/us-dept-of-state-temporary-paused-issuance-of-f-1-student-visas-while-creating-vetting-social-media-protocolsThe State Department has ordered U.S. embassies to temporarily stop scheduling new student visa F1 appointments, because the administration works to expand social media screenings for F1 visa applicants.
The pause will last "until further guidance is issued" in the next few days.

The State Department is preparing for an "expansion of required social media screening and vetting," and all student visa applicants could be subject to social media checks, according to the cable.
This extra screening would have "significant implications" for embassies and consulates' operations, making a pause on new appointments necessary, the cable said.

Госдеп США временно приостановил интервью на студенческие визы и выдачу F-1 виз из-за того, что они готовят новые правила как они будут изучать аккаунты студентов онлайн в разных социальных сетях, Facebook, Instagram, и т.п. 

Обещается, что в течение дней новые правила будут опубликованы и выдача виз восстановится.

Информация тут.

#F1 #studentvisa #F1Visa #f1visainterview #foreignstudents

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]]><![CDATA[Where to find Pro Bono or Free Legal Services for Immigrants in Nebraska]]>Thu, 22 May 2025 20:51:51 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/where-to-find-pro-bono-or-free-legal-services-for-immigrantsIf you are an immigrant and looking for free or reduced fee legal help, you can inquire in your state Bar Association for local referrals. In different states, there are various resources available to you at no fee or reduced fee, based on your income. There are Hotlines and Free Legal Aid clinics for low-income individuals all over the country.

In addition, the Executive Office for Immigration Review (EOIR), Office of Policy, Public Resources Program (PRP) administers the List of Pro Bono Legal Service Providers or the “List." 

The List contains information on non-profit organizations and attorneys who can help without a fee.  The List also contains information on pro bono referral services that refer individuals in immigration court proceedings to pro bono counsel.

Here is the EOIR List. 

MEANING OF "PRO BONO LEGAL SERVICES" 
Pro Bono legal services are “those uncompensated legal services performed for indigent aliens or the public good without any expectation of either direct or indirect remuneration, including referral fees (other than filing fees or photocopying and mailing expenses).” 8 C.F.R. § 1003.61(a)(2).  

RESOURCES IN NEBRASKA:

Free Legal Aid of Nebraska
https://www.legalaidofnebraska.org/
https://www.legalaidofnebraska.org/how-we-help/resources/immigrants/

Phone 402-348-1069

Phone (Toll-Free)1-888-991-9921

Nebraska Access
https://nebraskaccess.nebraska.gov/websites/legalaid.asp

Nebraska Free Legal Answers
https://ne.freelegalanswers.org/

Nebraska Low Income Legal Assistance
https://www.nefindalawyer.com/guide/59727ff7f36a56002e00039a/Low-Income-Legal-Assistance.html

Immigration Clinic in Lincoln, NE
https://law.unl.edu/immigration-clinic/

Catholic Charities of Omaha
https://ccomaha.org/immigration-legal-services/
For appointments at the St. Juan Diego Center please call 402.939.4615.

CLIA Center for Legal Immigration Assistance
https://www.clianeb.org/become-a-client

​National Immigration Legal Services Directory for Nebraska:
https://www.immigrationadvocates.org/nonprofit/legaldirectory/organization.393089-Immigrant_Legal_Center_ILC
Phone:
(402) 898-1349
Toll-free:
(855) 307-6730

NILAH Nebraska Immigration Legal Assistance Hotline
https://ciraconnect.org/contact-us/
Phone 1-855-307-6730 ​

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]]><![CDATA[DHS revoked Harvard University's ability to enroll F-1 students. Students forced to transfer or lose status]]>Thu, 22 May 2025 20:03:00 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dhs-revoked-harvard-universitys-ability-to-enroll-f-1-students-students-forced-to-transfer-or-lose-statusToday, on May 22, 2025, the DHS revoked Harvard University's ability to enroll international students, and is forcing existing students to transfer to other schools or lose their legal status.

Homeland Security Secretary Kristi Noem ordered the department to terminate Harvard University’s Student and Exchange Visitor Program certification. “This administration is holding Harvard accountable for fostering violence, antisemitism, and coordinating with the Chinese Communist Party on its campus,” said Secretary Noem. The DHS sent a mass email alleging that "Harvard University Loses Student and Exchange Visitor Program Certification for Pro-Terrorist Conduct".

Harvard enrolled nearly 6,800 international students in the 2024-2025 school year, amounting to 27% of its total enrollment, according to university statistics.

In 2022, Chinese nationals made up the biggest population of foreign students with 1,016, university figures show. After that were students from Canada, India, South Korea, the UK, Germany, Australia, Singapore and Japan.

Harvard's response:

“The government’s action is unlawful," the university said in a statement. "This retaliatory action threatens serious harm to the Harvard community and our country, and undermines Harvard’s academic and research mission.”

Read more here and here.

To be continued.

If you are a foreign student enrolled in Harvard, you may need to transfer to another university in order to remain in lawful nonimmigrant F-1 student status. Contact your DSO for guidance and updates.


May 23, 2025 UPDATE:

Today, a U.S. federal judge temporarily blocked the current administration from revoking Harvard University's ability to enroll foreign students.
The court order provides temporary relief to the thousands of international students who were faced with being forced to transfer under a policy that the Cambridge, Massachusetts-based university called a "blatant violation" of the U.S. Constitution and other federal laws, and said would have an "immediate and devastating effect" on the university and more than 7,000 visa holders.

"Without its international students, Harvard is not Harvard," the 389-year-old school said in its lawsuit filed earlier on Friday in Boston federal court. Harvard enrolled nearly 6,800 international students in its current school year, equal to 27% of total enrollment.

To be continued.



​]]><![CDATA[ICE Issues Unemployment Warnings to F-1 Students on OPT]]>Thu, 22 May 2025 16:02:12 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/ice-issues-unemployment-warnings-to-f-1-students-on-opt
​Immigration & Customs Enforcement (ICE) recently began sending warning notices to certain F-1 students engaged in Optional Practical Training (OPT), calling out that they have been enrolled in the OPT program for more than 90 days but have not reported any employment status.

The notices provide impacted students with 15 days to update their Student and Exchange Visitor Information System (SEVIS) record. If no action is taken, the student’s SEVIS record could then be terminated to indicate a violation of status has occurred for failure to timely report OPT employment or for exceeding the permissible period of unemployment during OPT. The notice further warns that failure to take corrective action may result in the initiation of removal proceedings.

Optional Practical Training
Optional Practical Training is an employment authorization program available to certain F-1 students and is designed to allow students to gain work experience that is related to their field of study in the United States. Pre- or post-completion OPT is available for a period of 12 months to eligible students. Students who have completed certain Science, Technology, Engineering, and Math (STEM) degree programs designated by the Department of Homeland Security (DHS) are eligible for an additional 24-month extension of their OPT (i.e., STEM OPT).

During periods of post-completion OPT, maintenance of F-1 status is dependent upon employment. As such, the OPT and STEM OPT programs each include limits as to how long F-1 students may be unemployed during their OPT period. During the 12-month post-completion OPT period, the unemployment limit is 90 days. During the STEM OPT period, the unemployment limit is 150 days, including any unemployment time accrued during the post-completion OPT year. Both unemployment limits are calculated in the aggregate.

Enforcement Background
During the first Trump Administration, the Student and Exchange Visitor Program (SEVP) took several actions to notify designated school officials (DSOs) and F-1 students of the potential for enforcement related to OPT unemployment limits, including a 2020 letter to students that was nearly identical to the recent May 2025 notifications.

The current notifications to F-1 students regarding potential reporting or unemployment violations of OPT also come on the heels of widespread SEVIS terminations earlier this year, many of which were successfully challenged in court – resulting in the restoration of impacted SEVIS records. Following these actions, SEVP has signaled its intention to focus on SEVIS terminations, asserting that SEVP can terminate SEVIS records where there is evidence of failure to comply with the terms of nonimmigrant status or due to a Department of State visa revocation.

What Action Should Impacted Students Take?
F-1 students, including those engaged in OPT or STEM OPT, should work carefully with their DSO to ensure compliance with all F-1 program requirements. Students in receipt of a notification indicating a potential violation of employment reporting or unemployment limits should take prompt corrective action where possible to protect against further enforcement actions by ICE. Students should also work closely with their DSOs and international offices to remain up to date regarding additional developments that may impact F-1 status and OPT.
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]]><![CDATA[DHS says it will pay immigrants in the US illegally $1,000 to leave the country and pay for the tickets]]>Fri, 09 May 2025 05:21:37 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dhs-says-it-will-pay-immigrants-in-the-us-illegally-1000-to-leave-the-country-and-pay-for-the-ticketsPushing forward with its mass deportation agenda, new administration said on Monday that it would pay $1,000 to immigrants who are in the United States illegally and return to their home country voluntarily.

The Department of Homeland Security said in a news release that it would also pay for travel assistance — and that people who use an app called CBP Home to tell the government they plan to return home will be “deprioritized” for detention and removal by immigration enforcement.

The DHS said it had already paid for a plane ticket for one migrant to return home to Honduras from Chicago and said more tickets have been booked for this week and next.

"Any illegal alien who uses the CBP Home App to self-deport will also receive a stipend of $1000 dollars, paid after their return to their home country has been confirmed through the app. ....Even with the cost of the stipend, it is projected that the use of CBP Home will decrease the costs of a deportation by around 70 percent. Currently the average cost to arrest, detain, and remove an illegal alien is $17,121.   The first use of travel assistance has already proven successful. An illegal alien that the Biden Administration allowed into our country recently utilized the program to receive a ticket for a flight from Chicago to Honduras. Additional tickets have already been booked for this week and the following week. "

​It’s often worse for people to leave the country and abandon their case in immigration court, if they’re already in removal proceedings. If migrants are in removal proceedings and don’t show up in court they can automatically get a deportation order and leaving the country usually counts as abandoning many applications for relief including asylum applications.]]><![CDATA[USCIS Begins Scrutinizing Social Media - Student, Faculty, and Researcher Visas Revoked]]>Fri, 09 May 2025 05:08:31 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-begins-scrutinizing-social-media-student-faculty-and-researcher-visas-revokedThe new administration has recently revoked more than 525 student, faculty, and researcher visas for a variety of reasons, or no reason. The administration has cited “antisemitic activity” as one justification for scrutinizing international students’ social media postings and other communications. The actions have raised First Amendment concerns.

On April 9, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it is “considering aliens’ antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests.” USCIS said this new policy will immediately affect those applying for lawful permanent resident status, foreign students, and “aliens affiliated with educational institutions linked to antisemitic activity.”

USCIS said it will “consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests,” effective immediately.

The efforts to deport foreign students and others have not been confined to addressing antisemitism. The Trump administration has claimed vast authority to do so, including under the little-used Alien Enemies Act of 1798. “All of these tools that exist in the [immigration] statute have been used before, but they use them in a way that causes mass hysteria, chaos and panic with the hope that students won’t get proper legal advice and they’ll just, through attrition, leave the country,” said Jeff Joseph, president-elect of the American Immigration Lawyers Association.

In many cases, the Department of Homeland Security issues orders for students to leave the country immediately, throwing their lives into chaos and interrupting their studies and research. The new administration has terminated many Student and Exchange Visitor Program registrations without notice, placed students out of lawful nonimmigrant F-1 status, and ended their EAD employment authorizations under OPT Optional Practical Training and Curricular Practical Training.

Even permanent residents have been targeted. Reportedly, a variety of reasons are cited as justification, including traffic violations resolved years earlier. 

Meanwhile, some colleges and universities are attempting to address the revocations under threats of having millions in funding yanked. Legal challenges have already been filed in some cases. The situation is complex and evolving.  ]]><![CDATA[Temporary Restraining Order Granted in Case Challenging Terminations of F-1 Students’ SEVIS Records]]>Fri, 09 May 2025 05:05:39 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/temporary-restraining-order-granted-in-case-challenging-terminations-of-f-1-students-sevis-recordsIn a case challenging terminations of a group of more than 130 F-1 students’ Student and Exchange Visitor Information System (SEVIS) records, a federal judge in Georgia granted a temporary restraining order on April 18, 2025.

The order, effective immediately, directs the government to “reinstate Plaintiffs’ student status and SEVIS authorization, retroactive to March 31, 2025.”

​An attorney for the plaintiffs, said, “Never before has an action like this taken place, ever, and what we see as a result is the terror in these students. This is designed to scare people into leaving, and kudos and bravo to these students for standing up for what their parents sent them here to do, which is to gain a good education.”

A hearing for a preliminary injunction is scheduled for April 24, 2025. The case is similar to other suits filed in California, Pennsylvania, Michigan, Washington, and Texas.]]><![CDATA[USCIS Updates Policy to Recognize Only Two Sexes: Male and Female]]>Fri, 09 May 2025 04:59:49 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-updates-policy-to-recognize-only-two-sexes-male-and-femaleOn April 2, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that under a Trump administration executive order, it has updated the USCIS Policy Manual to state that it only recognizes two biological sexes: male and female.

Under this guidance, USCIS considers a person’s sex as “that which is generally evidenced on the birth certificate issued at or nearest to the time of birth. If the birth certificate issued at or nearest to the time of birth indicates a sex other than male or female, USCIS will base the determination of sex on secondary evidence.”

USCIS said it will not deny benefits solely because the benefit requestor “did not properly indicate his or her sex.” However, USCIS noted that it “does not issue documents with a blank sex field,” so “if a benefit requestor does not indicate his or her sex or indicates a sex different from the sex on his or her birth certificate issued at the time of birth (or issued nearest to the time of birth), there may be delays in adjudication.”

USCIS said it “may provide notice to benefit requestors if it issues a USCIS document reflecting a sex different than that indicated by the benefit requestor on the request.”

This guidance applies to benefit requests pending or filed on or after April 2, 2025, USCIS said, adding that the guidance in the Policy Manual “is controlling and supersedes any related prior guidance.”]]><![CDATA[Judge Stopped Deportation After a Foreign Student F1 Visa Revocation Weeks Before Graduation]]>Sun, 20 Apr 2025 22:16:01 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/judge-stopped-deportation-after-a-foreign-student-f1-visa-revocation-weeks-before-graduation​A federal judge has temporarily halted the abrupt cancellation of a student visa for Krish Lal Isserdasani, a 21-year-old international student from India who is just weeks away from earning his computer engineering degree from the University of Wisconsin–Madison.

The decision, issued Tuesday by U.S. District Judge William Conley, came after Isserdasani’s visa was unexpectedly revoked by U.S. Immigration and Customs Enforcement (ICE) on April 4. The cancellation would have forced him to leave the country by May 2—eight days before his scheduled graduation. The move left Isserdasani, who has studied in the U.S. since 2021, stunned and scrambling for answers.
Isserdasani’s attorneys say he received no prior notice or explanation from ICE or the U.S. State Department before being informed of the cancellation by UW–Madison’s International Student Services office. The court determined that this lack of due process violated his legal rights.

“Given the amount of Isserdasani’s educational expenses and potential losses from having to leave the United States without obtaining his degree, the court concludes that Isserdasani credibly demonstrates that he faces irreparable harm,” Judge Conley wrote in his ruling.

The visa cancellation stemmed from a disorderly conduct incident in November 2024 outside a Madison bar. Although Isserdasani was cited in connection with the argument, he was not convicted, nor was he given the opportunity to contest the visa termination. His name appeared in a criminal record database, which appears to have triggered the cancellation—one of over 1,000 visa revocations for international students across the U.S. since January, according to immigration lawyers tracking the cases.

“This ruling is a step toward ensuring fairness and legal protection for international students facing arbitrary actions,” said one of Isserdasani’s attorneys, speaking after the court’s decision.

UW–Madison confirmed that Isserdasani is among at least 26 international students at the university—and 40 across the University of Wisconsin system—whose visas were revoked in recent months. Many of these students were reportedly targeted over minor offenses or for participating in political activities, raising broader concerns about a systemic crackdown on international students under the Trump-era immigration agenda.
Though the administration has defended the revocations as necessary for national security and public safety, critics argue the policy lacks transparency and disproportionately harms students with no history of criminal behavior or intent to violate immigration laws.

Judge Conley’s order provides temporary relief, allowing Isserdasani to remain in the U.S. as his legal team challenges the visa revocation in court. A preliminary hearing is scheduled for April 28.

Isserdasani, who has maintained a strong academic record and was preparing for job interviews in the U.S. tech sector, expressed relief at the court’s ruling. His legal team is now focused on ensuring he can complete his degree without the looming threat of deportation.

The case has spotlighted growing concerns about the treatment of international students in the U.S. and the chilling effect such sudden policy changes can have on educational institutions that rely on global talent.
“This isn’t just about one student—it’s about protecting the integrity of our immigration system and the promise of opportunity that American universities offer,” said a spokesperson for the American Council on Education, which has been monitoring the uptick in student visa revocations. As legal proceedings continue, advocates hope the case will serve as a catalyst for broader reform in how student visas are managed and reviewed by federal agencies.
​Read here.]]><![CDATA[DHS USCIS Began Screening Social Media of F1 Students and Green Card Applicants for Antisemitism, Extremism]]>Wed, 16 Apr 2025 05:30:14 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/dhs-uscis-began-screening-social-media-of-f1-students-and-green-card-applicants-for-antisemitism-extremismOn April 9, 2025, USCIS began considering non US citizens antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status (aka Green Card), foreign students (F-1 visa) and other foreign nationals affiliated with educational institutions linked to antisemitic activity.
Consistent with President's executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, DHS will enforce all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

Under this guidance, USCIS will consider social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests. This guidance is effective immediately.

​Please read more at USCIS website.

]]><![CDATA[New Requirement for Noncitizens in USA: Always Carry Proof of Registration on Your Person]]>Wed, 16 Apr 2025 05:21:48 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-requirement-for-noncitizens-in-usa-always-carry-proof-of-registration-on-your-personRecently, President issued Executive Order 14159, Protecting the American People Against Invasion, in which he directed the Secretary of Homeland Security to take all appropriate action to identify “unregistered illegal aliens” residing in the United States.

The Department of Homeland Security (DHS) clarified who is subject to the registration requirement, and established a new form G-325R and online process by which unregistered foreign nationals may comply with this requirement.

WHO IS ALREADY REGISTERED? Therefore, don't need to register.
Certain categories of foreign nationals are considered registered:
  • Lawful permanent residents (also known as green card holders);
  • Foreign nationals who have applied for lawful permanent residence and provided their fingerprints;
  • Foreign nationals who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • Foreign nationals issued an employment authorization document (also known as an EAD card);
  • Foreign nationals who were issued a Form I-94 or Form I‑94W (paper or electronic), even if the period of admission has expired;
  • Foreign nationals issued Border Crossing Cards;
  • Foreign nationals placed into removal proceedings; and
  • Certain foreign nationals who have been paroled into the United States.

Most foreign nationals who are authorized to work in the United States will have automatically been registered. For example, employees admitted to the United States in H-1B or L-1 status should have been issued a Form I-94 record (item 5 above). The Form I-94 can be accessed online, printed, and carried as proof of registration. Individuals granted an EAD card (item 4 above) will also have been automatically registered.
​
Foreign nationals not falling into one of the above categories may be required to apply for registration via the method described on the USCIS webpage on Alien Registration.

These who have to register include:
  • Foreign national children who turn 14 years of age in the United States, regardless of whether they were previously registered. The application for registration must be submitted within 30 days of the child’s 14th birthday.
  • Canadian visitors not issued a Form I-94 when entering the United States, typically at a land port of entry. This applies only if the visit to the United States is for a period of 30 days or more. Canadian citizen travelers may reference the U.S. Mission to Canada webpage on this topic.
  • Foreign nationals who entered the United States without inspection and admission (illegally or EWI), and who are not otherwise registered.

​CARRYING PROOF OF REGISTRATION IS REQUIRED
All registered foreign nationals must carry proof of registration on their person at all times in the United States. The available proof of registration will depend on the category under which the foreign national is registered, as listed above. For example, lawful permanent residents should carry their permanent resident cards (green cards).

Non-immigrants, such as H-1B and L-1 visa holders, should carry a physical copy of the Form I-94 record or the nonimmigrant visa in the passport.
NOTES
  • Confirm Registration Status: Verify registration status by checking documentation against those listed on the USCIS webpage for Alien Registration.
  • Print and Carry Proof of Registration: Carry proof of registration at all times in the United States.
  • Set Reminders for Children Under 14: Create reminders to register any children who will turn 14 years of age while living in the United States.
  • Report Address Changes: Report changes in residential address within 10 days of moving.
  • Monitor for Legal Changes: Monitor the USCIS webpage on Alien Registration for updates or changes to registration requirements.
]]><![CDATA[G-325A Registration Alert: Effective April 11 2025]]>Sun, 13 Apr 2025 02:07:51 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/g-325a-registration-alert-effective-april-11-2025Effective April 11, 2025, USCIS will begin enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer. 

As a reminder, the following individuals do not need to register:

Many authorized immigrants and nonimmigrants are not required to apply for registration and fingerprinting under the ARR, because they already satisfied the requirement through applying for a U.S. visa or ESTA travel authorization; others are categorically exempt. The following individuals are not required to apply for registration under the new ARR policy:
  • Foreign nationals who remain in the U.S. for fewer than 30 days;
  • Nonimmigrants and those already considered to be registered, including:
  • Citizens of Visa Waiver Program (VWP) participating countries granted ESTA travel authorization;
  • Lawful Permanent Residents;
  • Non-U.S. citizens paroled into the United States under INA212(d)(5) even if the period of parole has expired;
  • Non-U.S. citizens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
  • Non-U.S. citizens whom DHS has placed into removal proceedings;
  • Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);
  • Non-U.S. citizens issued an employment authorization document;
  • Non-U.S. citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied; and
  • Non-U.S. citizens issued Border Crossing Cards.

​The following individuals do need to register:
  • All non-U.S. citizens, who will remain in the U.S. for more than 30 days and who did not complete the registration process in connection with a visa or ESTA admission, including:
  • Canadian visitors who entered the United States at land ports of entry and do not have an I-94 record;
  • Non-U.S. citizen children below the age of 14 who have not previously registered and who will remain in the U.S. for 30 days or more, will need to register (these children will be issued proof of registration but are not required to complete fingerprinting until they turn 14);
  • All non-U.S. citizen children, regardless of previous registration, who turn 14 years of age in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday;
  • Persons who entered without inspection EWI and who have not been fingerprinted in connection with any pending application for immigration benefits;
  • Permanent residents who obtained their green cards when under the age of 14 are required to register and complete fingerprinting through a Form I-90 once they reach the age of 14. The I-90 Form should be used for this type of registration rather than Form G-325R; and
  • Non-U.S. citizens who submitted one or more benefit requests to USCIS and who do not yet have Alternate Proof of Registration as listed below, including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued an employment authorization document or other acceptable proof of registration, must register with Form G-325R.
]]><![CDATA[CBP electronic device searches on the border: visa, green card, US citizen trevelers]]>Sun, 13 Apr 2025 02:04:02 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/cbp-electronic-device-searches-on-the-border-visa-green-card-us-citizen-trevelersAs the U.S. government heightens its focus on national security, international travelers—especially visa holders and lawful permanent residents—are experiencing increased scrutiny at ports of entry.
U.S. Customs and Border Protection has broad legal authority to inspect and search electronic devices — including phones, laptops, tablets, USB drives, and external hard drives – at the border. These searches do not require a warrant, probable cause, or even individualized suspicion, and can be conducted as part of routine screening at any U.S. port of entry. CBP’s authority extends to both incoming and outgoing travelers at any U.S. port of entry.
Here’s a summary of what to expect at the border, your rights and responsibilities, and how to prepare.
Recent Executive Order: Heightened national security screening
On January 20, the White House issued Executive Order 14161: Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats. This Executive Order directs federal agencies, including CBP and U.S. Citizenship and Immigration Services, to implement more rigorous screening procedures for individuals seeking entry into the United States.
Key implications for travelers include the following:
  • Expanded data collection. The E.O. authorizes enhanced vetting measures and broader analysis of personal data, including social media activity and electronic records.
  • More detailed questioning. Travelers may face additional scrutiny related to travel purpose, background, or affiliations.
  • Longer processing times. Enhanced screening could result in delays at ports of entry.
Travelers should assume that both device content and online presence may be reviewed during inspection. Accuracy, consistency, and preparedness are essential.
CBP device searches
CBP categorizes searches into two types:
No. 1: Basic search
  • Officers may ask you to unlock your device and may manually examine its contents.
  • Officers may browse through your photos, documents, contacts, call logs, emails, messages, downloaded apps, and browsing history.
  • Officers cannot access cloud content unless it's already downloaded onto the device or auto-synced.
  • You may be asked to put the device in airplane mode to prevent cloud-based data retrieval.
No. 2: Advanced search
  • If flagged for further scrutiny, CBP may connect your device to a specialized forensic tool to copy, review, and analyze data.
  • This could include hidden files or deleted content.
  • CBP may retain the device temporarily (typically for no more than five days, though extensions are possible) for off-site analysis.
Social media scrutiny
In addition to CBP’s authority to search devices, U.S. immigration agencies are expanding efforts to review the digital footprints of applicants and travelers. A recent notice proposes that the USCIS begin collecting social media identifiers from individuals applying for immigration benefits—including green cards, naturalization, asylum, and refugee status. This proposed rule reflects a growing trend toward incorporating social media review into vetting and background checks.
Travelers and visa applicants should consider doing the following:
  • Review your profiles. Ensure your personal, employment, and location details match your immigration records.
  • Adjust your privacy settings. Limit public access to sensitive content, while maintaining a professional presence.
  • Be thoughtful about online posts and interactions. Avoid creating content that could be interpreted as inconsistent with your immigration status or entry purpose.
  • Delete inactive or outdated accounts. Especially those that may contain conflicting personal details or old user names.
If you refuse to provide access
  • U.S. citizens cannot be denied entry for refusing to unlock a device. However, non-citizens—including visa holders and lawful permanent residents—can be refused admission or face delays.
  • It is important to note, in some cases, that CBP may seize the device, escalate questioning, or refer the case to other agencies.
Know the limits of your legal recourse
CBP’s border search policies—including those on electronic devices—are governed by internal directives and longstanding federal law. These policies are designed to guide CBP operations but do not create or confer any personal rights, privileges, or legal remedies for travelers. In other words, travelers generally cannot sue CBP for following these policies unless a separate legal violation can be shown​.
Traveling with electronics
To protect your privacy and reduce the risk of delays or data exposure, you should do the following:
Before you travel:
  • Back up your device, and travel with minimal data.
  • Log out of social media and email apps; disable biometric access (for example, Face ID, fingerprint).
  • Consider using guest profiles or temporary “travel devices.”
  • Turn off cloud syncing, or remove apps that store sensitive information (for example, Slack, Dropbox, Signal).
  • Encrypt your device, and use strong alphanumeric passwords.
  • Consider storing critical work files or privileged content in secure cloud storage (and sign out of those services).
During travel:
  • Cooperate respectfully if asked to unlock a device, but avoid volunteering access to apps or platforms.
  • If detained or questioned extensively, ask to speak with legal counsel or your company’s HR contact.
After re-entry:
  • Monitor for signs of data access or tampering if your device was taken or searched.
  • Consider changing passwords and enabling multi-factor authentication on sensitive accounts.
  • Notify your legal or compliance team if any privileged, confidential, or regulated data may have been accessed.
Additional tips
  • Be prepared to explain your travel purpose, employer, and visa status clearly and concisely.
  • Ensure device data does not conflict with your stated purpose of entry.
  • Avoid saving politically sensitive material or participating in online discussions that could be misinterpreted.
Filing a complaint
If you believe your device was mishandled or your rights were violated during a CBP search, you can file a redress request through the Department of Homeland Security Traveler Redress Inquiry Program, known as “TRIP” for short. TRIP is a formal avenue for travelers to inquire about or resolve issues related to CBP inspections, delays, or treatment at the border. Complaint or redress requests can be submitted here.
Unfortunately for international travelers—particularly visa holders and lawful permanent residents—electronic device searches are no longer rare exceptions but a routine part of CBP’s screening authority. Travelers should assume that anything accessible on a personal device could be subject to review.]]><![CDATA[Vetting of Visa Applicants, Green Card Holders, Students, Exchange Visitors by DOS]]>Thu, 10 Apr 2025 05:17:08 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/vetting-of-visa-applicants-green-card-holders-students-exchange-visitors-by-dosThe new administration is subjecting visa applicants and even permanent residents (green card holders) to additional vetting and has placed a “temporary pause” on certain green card applications “to do more vetting.” For example, the green card applications of parolees, asylees and refugees.

Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:
  • An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
  • An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
  • An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

​The cable states that evidence that an applicant:
…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.
The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review. Some students on visas or even with green cards have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.
​]]><![CDATA[USCIS Plans to Require Applicants to Provide Access to Social Media Accounts]]>Thu, 10 Apr 2025 05:14:04 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-plans-to-require-applicants-to-provide-access-to-social-media-accounts
On March 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to require applicants for various immigration benefits to provide access to their social media accounts. USCIS said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”

The agency said the collection of information was “necessary to comply with section 2 of the Executive order (E.O.) entitled ‘Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,’ which directs the implementation of uniform vetting standards and requires the collection of all information necessary for a rigorous vetting and screening of all grounds of inadmissibility or bases for the denial of immigration-related benefits.” The Department of State already asks for social media information in conjunction with visa applications filed outside of the United States.
USCIS said comments are will be accepted until May 5, 2025.]]><![CDATA[Tips for International Travelers Entering the United States in 2025]]>Thu, 10 Apr 2025 05:09:33 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/tips-for-international-travelers-entering-the-united-states-in-2025
Travel to the United States has gotten trickier in recent months. Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:
  • Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.
  • Consider not entering the United States now if your country is on a proposed “red” list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
  • Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises you not to give up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.
  • If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.
  • Keep your immigration attorney’s contact information handy, along with contact information for a local friend. If it appears that you might be going into a secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.
  • Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.
  • Check your home country’s travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.
If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers.]]><![CDATA[Permanent Resident LPR or Green Card Holder Losing a Green Card Through Abandonment as a Result of International Travel]]>Thu, 10 Apr 2025 04:52:21 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/permanent-resident-lpr-or-green-card-holder-losing-a-green-card-as-a-result-of-international-travel-in-2025In 2025, lawful permanent residents LPRs or green card holders have increasingly faced denial of reentry to the United States after returning from international travel. Once considered routine, travel for permanent residents is now subject to heightened scrutiny at U.S. ports of entry. 

Recent reports from national media outlets point to an alarming pattern. One story showcased several incidents in which LPRs returning from trips abroad—some as short as two weeks—were flagged for extended secondary inspection or denied admission outright. Officers cited concerns that the individuals had “abandoned” their U.S. residence.
Another report described increased use of discretionary authority by U.S. Customs and Border Protection (CBP) to assess abandonment, with some returning residents placed in removal proceedings on the spot.
Another account similarly described a surge in detentions of green card holders at airports and land ports of entry.
CBP officers, empowered by broad statutory discretion, have been using travel history, employment records, and even statements made under pressure during inspection to question continued eligibility for LPR status. The agency’s justification centers on fraud prevention and national security, though the cases reported often involve longtime residents with deep ties to the United States.

Legal Basis for Denial of Reentry for Abandonment:

Under U.S. immigration law, lawful permanent residence is not considered abandoned solely because of international travel. However, the Immigration and Nationality Act permits CBP to treat a returning LPR as an “arriving alien” subject to inspection if they meet certain criteria, including: absence from the United States for more than 180 days, engagement in illegal activity abroad, departure while in removal proceedings, attempted entry without valid documents, or voluntary abandonment of U.S. residence.
​
USCIS Policy Manual, Volume 12, Part D, Chapter 2, outlines the standards for evaluating abandonment of permanent residence. According to this guidance, abandonment may be found when the LPR resides primarily abroad, fails to maintain ties to the U.S., or does not file U.S. taxes as a resident. The legacy Adjudicator’s Field Manual (AFM), Chapter 52, reinforces that CBP officers are tasked with assessing whether the LPR maintained the intent to permanently reside in the U.S.

The decision is discretionary and can be based on any conduct or documentation that contradicts that intent.
While absence from the United States for over one year without a reentry permit is an automatic basis for denial of entry as a returning resident, even shorter absences can trigger scrutiny. The key determinant is not time alone but the totality of circumstances surrounding the travel and residence patterns.

CBP officers at ports of entry often rely on available documentation, statements made during inspection, and computer-accessible records such as past entry-exit data, employment history, and federal tax filings. If the officer suspects abandonment, options include admitting the LPR and referring the case for deferred inspection or removal proceedings, paroling the individual into the U.S. with conditions, or issuing an expedited removal order under §235(b) of the Immigration and Nationality Act (INA).

In some recent cases, officers have requested travelers to voluntarily surrender their green card by signing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Once signed, this form is considered a formal admission that the individual no longer wishes to retain LPR status.

Elderly LPRs in a High Risk Group:

Among those disproportionately impacted by the current enforcement trend are elderly green card holders—particularly parents of U.S. citizens who were sponsored for permanent residence through family-based petitions and now divide their time between the U.S. and their countries of origin. This group is especially vulnerable to abandonment allegations, not because of bad faith, but because of the natural structure of their lives: many are past working age, rely entirely on their U.S.-based children for financial and housing support, and spend portions of the year abroad due to caregiving obligations, cultural ties, or property matters.
These individuals often lack the types of evidence commonly associated with permanent residence, such as employment records, tax filings, utility bills in their name, or active financial accounts. When questioned at ports of entry, this absence of documentation can work against them—even if they are returning to a home they have lived in for years.

Moreover, in situations where lawful permanent residents are spending approximately half the year in the U.S. and the other half abroad, using their green card as a form of long-term visitor visa, CBP may reasonably argue that the individual is not permanently residing in the U.S. In such scenarios, the lack of a fixed U.S. domicile, especially without documents establishing residence and integration, is often used as a basis for a finding of abandonment. Even if the green card holder is living with a U.S. citizen child and dependent on them for all expenses, the perceived “temporary” nature of their U.S. presence can be scrutinized if not supported by concrete evidence of intent to reside permanently.

Reentry Permits and the Value of Documenting Intent: What Helps and What Not

For green card holders who anticipate being outside the United States for extended periods—especially those with legitimate obligations or unpredictable delays abroad—a reentry permit can be a vital safeguard. Issued after a successful Form I-131 application and biometrics appointment in the U.S., the reentry permit signals to CBP that the holder intends to maintain permanent residence despite a temporary stay abroad. While not an absolute guarantee of reentry, it can be a decisive factor in demonstrating intent and rebutting claims of abandonment.

It is important to note that reentry permits are typically issued for an initial validity period of up to two years. While the law does not prohibit the issuance of additional permits, they become increasingly difficult to obtain after the initial grant. In most cases, subsequent reentry permits are issued for just one year at a time, and the applicant must demonstrate a continued compelling reason for remaining abroad. The total maximum duration of time an LPR may spend outside the U.S. using successive reentry permits is generally limited to five years, although even that is not guaranteed. USCIS assesses each application on a case-by-case basis, and the burden is on the applicant to show that their ties to the United States remain intact and that the time abroad is truly temporary.

What Can You Do to Reduce Risk

Many LPRs adopt a documentation strategy to preserve evidence of continued U.S. residence. These materials, when maintained and organized, may help establish a record of permanent ties: a valid U.S. driver’s license or state-issued ID with a current address, copies of lease agreements, mortgage documents, or property titles, utility bills showing regular payments from a U.S. residence, IRS tax return transcripts confirming taxes filed as a U.S. resident, W-2 forms or pay stubs, U.S. bank account statements reflecting regular use, health insurance coverage under U.S.-based policies, letters from physicians or care providers explaining travel due to medical or caregiving needs, and affidavits or letters from U.S. citizen family members explaining living arrangements and ongoing support. Some individuals also prepare a brief travel summary or retain copies of communications related to the reason for international travel, such as a family emergency, property issue, or legal matter abroad. One example  illustrates both the risks and the safeguards that can help. We represented a widowed elderly client who had lawfully resided in the United States for over a decade as a green card holder. With no close family in her home country and no sentimental ties remaining there, she planned a short visit to sell her ancestral home and finalize the closure of her affairs abroad. She intended to return to the U.S. in three months and had booked her return ticket accordingly. However, during her visit, she learned that new local regulations required all homes to be renovated to a new minimum standard before sale. Navigating these renovation requirements as a single elderly woman without nearby support proved challenging. Construction delays mounted, and what was intended as a short trip stretched to nearly a full year. Despite her extended stay, she returned just shy of the 12-month mark with detailed documentation showing her intent to return within three months, the unforeseen regulatory hurdles, the construction delays, her original return ticket and multiple changes to her return date, and proof that she continued to maintain a residence and health insurance in the U.S. Because she had prepared carefully and could clearly show that her extended absence was not voluntary, she was ultimately readmitted without being referred for removal. Her case underscores how even unanticipated challenges can be navigated successfully with thoughtful planning, transparency, and evidence of ongoing ties—and why advance planning with tools like reentry permits is especially important for those who expect their time abroad may exceed six months or become unexpectedly prolonged.

Lawful permanent resident status provides substantial protections and opportunities, but it is not insulated from discretionary reexamination. CBP officers possess wide authority to question the continuity of residence, and current enforcement patterns show that certain categories of LPRs—particularly the elderly, those with extended travel histories, and individuals who reside with family without maintaining financial independence—are especially vulnerable to abandonment determinations. In light of these developments, many LPRs now adopt more deliberate planning and documentation practices before traveling. While the law has not changed in text, its application at the border is evolving—and lawful permanent residents who lack conventional evidence of ties to the U.S. may find themselves at greater risk than ever before. Those navigating complex travel situations or seeking guidance on reentry planning should consider consulting a qualified immigration attorney for assessment and strategy tailored to their circumstances.
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]]><![CDATA[USCIS Provides Updated Guidance on Venezuela TPS After 03-31-2025 Court Order]]>Thu, 10 Apr 2025 04:47:36 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-provides-updated-guidance-on-venezuela-tps-after-03-31-2025-court-orderUSCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting the DHS’s recission of TPS for Venezuelans. Employers should stay updated on the progress of the litigation.

Expiration dates under the Jan. 17, 2025, extension are as follows:
  • The 2021 designation currently expires Sept. 10, 2025. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
  • The 2023 designation is extended through Oct. 2, 2026. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
Accordingly, employees with Venezuela TPS must be re-verified by Apr. 3, 2026. Employers should enter an expiration date of Apr. 2, 2026, on Supplement B of the I-9 form.

​https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela]]><![CDATA[H-1B Visa Cap Gap New 2025 Rule Expands Work Authorization for F-1 Students]]>Wed, 02 Apr 2025 05:33:53 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/h-1b-visa-cap-gap-new-2025-rule-expands-work-authorization-for-f-1-studentsOn December 18, 2024, the Department of Homeland Security (DHS) introduced the H-1B Modernization Rule, which took effect on January 17, 2025, and is still in effect. This rule brings a significant change to the F-1 cap-gap extension, offering greater flexibility for foreign F-1 students transitioning to H-1B status.

What Is the F-1 Cap-Gap Extension?
The F-1 cap-gap extension is a regulatory provision that bridges the gap between the expiration of an F-1 student’s Optional Practical Training (OPT) or STEM OPT and the start of their H-1B status. Under the previous rule, this extension ended on October 1st. However, with the new 2025 rule, the extension can now continue until as late as April 1st of the following calendar year, providing up to six additional months of valid status and work authorization.

Who Qualifies for the Extended Cap-Gap?
To be eligible for this extension, F-1 students must:
  1. Be the beneficiary of a timely filed H-1B petition requesting a change of status (not consular processing); and
  2. Be in a valid period of OPT/STEM OPT at the time the application is received by USCIS.
Benefits for Employers and F-1 Students
This extension reduces the need for finding interim solutions for employment authorization or navigating periods of unpaid leave.]]><![CDATA[Countries on a New Proposed Travel Ban or Restrictions List]]>Sun, 16 Mar 2025 17:23:40 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/countries-on-a-new-travel-ban-or-restrictions-listNew Administration is considering implementing travel restrictions for the citizens of as many as 43 countries, it has been reported.
A draft list of recommendations has been drawn up by security officials, placing the countries into three different categories — red, orange and yellow — according to The New York Times, citing unnamed U.S. officials.
The red list comprises 11 countries whose citizens would face a complete ban, while the other two lists of countries would face various degrees of visa restrictions, according to the newspaper.
An official told The New York Times that the draft list is subject to change and had not yet been approved by the Trump administration, including by Secretary of State Marco Rubio.

Read more here:  We will publish the updates when the final document is released.

As of today, the draft lists the following countries:

Red List

The draft memo lists 11 countries on the red list whose citizens would be completely banned from entering the U.S. These countries include:
  • Afghanistan
  • Bhutan
  • Cuba
  • Iran
  • Libya
  • North Korea
  • Somalia
  • Sudan
  • Syria
  • Venezuela
  • Yemen

Orange List

The draft orange list includes 10 countries whose citizens would face additional restrictions, but not an entire ban from entering the U.S.
Affluent business travelers could be permitted entry, but not individuals traveling on immigrant or tourist visas, according to The New York Times. Citizens from these countries would also be required to undergo mandatory in-person interviews.
Countries on this list include:
  • Belarus
  • Eritrea
  • Haiti
  • Laos
  • Myanmar
  • Pakistan
  • Russia
  • Sierra Leone
  • South Sudan
  • Turkmenistan


Yellow List

The draft yellow list includes 22 countries, which would have 60 days to address deficiency concerns or risk being moved to another category.
Some of the issues these countries would have to address include failing to share information about incoming travelers with the U.S., inadequate security practices for issuing passports, and selling citizenship to people from banned countries.

The lists will be updated. These is just a draft and not the law yet.

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]]><![CDATA[Alien Registration Form G-325R and Evidence of Registration for Non-Citizens in USA]]>Thu, 13 Mar 2025 14:16:38 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/alien-registration-form-g-325r-and-evidence-of-registration-for-non-citizens-in-usaThe U.S. Department of Homeland Security (DHS) published Interim Final Rule (IFR) on March 12, 2025 requiring non-US citizens to register and be fingerprinted, if they have never been registered or fingerprinted, if they intend to remain in the U.S. for more than 30 days. The main purpose of the new requirement is immigration enforcement and removal. 

DHS has also provided the procedure for completing the registration requirements. Form G-325R is available for filing online. Effective date is April 11, 2025.

The rule is based on the statutory requirement in the Immigration and Nationality Act (INA), Section 262, which requires all non-US citizens to register with the DHS and be fingerprinted. However, until now, there was no formal process to comply with the rule apart from mandatory fingerprinting while applying for a visa at U.S. Consulates/Embassies abroad and submitting certain applications for benefits or status to U.S. Citizenship and Immigration Services (USCIS).

With the IFR, the DHS has now specified the procedure to comply with the registration requirement for non-US citizens who are not nonimmigrants or Lawful Permanent Residents (“green card” holders). Nonimmigrants and green card holders can skip to the “What Should I Do?” section at the bottom of this Alert for specific instructions.

Non-US citizens not otherwise registered must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s name and identifying information (though not immigration status), as well as each parent’s name, date and place of birth, and current residence. Registrants can upload any supporting documentation they wish to provide through the system or provide any free text information they wish to provide.

Once Form G-325R is submitted, the IFR states that USCIS will provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting.

Non-US citizens are required to submit the form within 30 days of the publishing of this rule, so by April 12, 2025. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.

Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. Proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.

Aliens who have already registered include:
  • Lawful permanent residents;
  • Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
  • Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
  • All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
  • Aliens whom DHS has placed into removal proceedings;
  • Aliens issued an employment authorization document;
  • Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
  • Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:
  • Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
  • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
  • Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Foreign nationals who must register include:
  • All non-US citizens who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
    • Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
    • Non-US citizen children below the age of 14 years of age who have not been registered and remain in the United States for 30 days or longer. Therefore, parents with children on H-4, F-2, O-3, and similar dependent statuses are now required to register their children, though the children will not need to submit fingerprints until they reach age 14.
    • Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
  • Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
  • Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R. 
  • Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.

Non-US citizens who have previously been registered and do not need to register:
  • Any non-US citizen or visitor from Canada in the U.S. for 30 days or less
  • All non-US citizens over age 14 who entered the United States with a nonimmigrant (temporary) visa or using ESTA after 2004, as they were registered and fingerprinted through their application for a visa and/or upon arrival in the United States. At all times, nonimmigrants should carry a printout of their Form I-94, Arrival-Departure Record from the CBP website as evidence of registration.
  • All green card holders (immigrants) who were over 14 years of age when they received their green cards have been registered and fingerprinted as part of the green card application process. Lawful Permanent Residents must carry their Permanent Resident (“green”) Card with them at all times as evidence of registration.

Penalties for Failure to Register and Failure to Carry Proof of Registration:
Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5000 or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.

What Should I Do?

Whether you are impacted by the new registration requirement depends upon your immigration status in the United States:
  • If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), you should consult with an attorney.
  • If you have a currently valid nonimmigrant status (F-1/F-2, H-1B/H-4, ESTA entry, etc.): Your nonimmigrant status, as evidenced by your I-94 printed from the CBP website, meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry a copy of your I-94 printout and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
  • If you are a Lawful Permanent Resident (including Conditional Permanent Resident) or “green card” holder: Your permanent resident status, as evidenced by your “green card,” meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
  • If you are the parent of a child under age 14 who is either in nonimmigrant status (F-2, H-4, O-3, etc.), or who is a “green card” holder, you must register your child under this new procedure. You should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. Once your child turns age 14, you should update their registration on Form G-325R (for nonimmigrants) or file Form I-90 to replace the child’s green card and be fingerprinted (for green card holders). If you have questions about the registration process for your children, you should contact an attorney.
  • If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), should consult an attorney.

STEP-BY-STEP GUIDE FROM USCIS:

Step 1: Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information.
Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
Step 2: Submit Form G-325R
Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

​Step 3: USCIS review of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).
Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.
See our Preparing for Your Biometric Services Appointment for more information about what to expect.
A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.
Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.


Read more about Alien Registration requirement here.
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]]><![CDATA[New CBP Home App Offers a Self Deportation Option]]>Mon, 10 Mar 2025 15:51:17 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-cbp-home-app-offers-a-self-deportation-optionToday, Secretary of Homeland Security announced that the Department of Homeland Security (DHS) is launching the CBP Home app with a self-deportation reporting feature for foreigners illegally in the country. DHS advises that people should use the CBP Home mobile phone application to submit their intent to depart as indicated below.

​The CBP One app was updated into CBP Home app.

​From the official DHS' announcement:

Self-deportation is the safest option for illegal aliens, while preserving law enforcement resources. Not only is it safer, but it also saves U.S. taxpayer dollars and valuable Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) resources to focus on dangerous criminal aliens.
This self-deportation functionality is part of a larger $200 million domestic and international ad campaign encouraging illegal aliens to “Stay Out and Leave Now.”
All CBP One applications will automatically update to the CBP Home app. The new app is also available free across mobile application stores.
A Statement from Secretary Kristi Noem:
“The Biden Administration exploited the CBP One app to allow more than 1 million aliens to illegally enter the United States. With the launching of the CBP Home app, we are restoring integrity to our immigration system.
“The CBP Home app gives aliens the option to leave now and self-deport, so they may still have the opportunity to return legally in the future and live the American dream. If they don’t, we will find them, we will deport them, and they will never return.”

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]]><![CDATA[City of Omaha, Nebraska Immigration Policies in 2025]]>Mon, 10 Mar 2025 15:37:29 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/city-of-omaha-nebraska-immigration-policies-in-2025City of Omaha, Nebraska 2025 immigration policies were announced by the Mayor and the Chief of Police in this video address: https://www.youtube.com/watch?v=XBHJUXlMIdE

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