Smal Immigration Law Office
​
  • Home: About Us
  • Services: Practice Areas
  • Contact Us
  • IN RUSSIAN
  • Blog: USA Immigration Law Updates
  • Our Websites & Social Media
  • Our Customers' Reviews
  • Disclaimer
  • Useful Links

DHS and DOJ Finalize Rule for Asylum Seekers at the Border After Title 42 Ends on May 11 2023

5/10/2023

0 Comments

 
Rule places a condition on asylum eligibility for those who circumvent lawful pathways 

WASHINGTON – Today, after receiving and considering over 50,000 public comments in response to a Notice of Proposed Rulemaking issued earlier this year, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) finalized a new rule to further incentivize individuals to use lawful, safe, and orderly pathways to enter the United States. The rule builds upon efforts to combine lawful pathways with consequences for failure to use them, by placing certain limiting conditions on asylum eligibility for those who fail to use those pathways. This rule goes into effect once the Title 42 public health Order terminates, on Thursday, May 11, 2023 at 11:59pm ET.    
 
The rule presumes those who do not use lawful pathways to enter the United States are ineligible for asylum and allows the United States to remove individuals who do not establish a reasonable fear of persecution or torture in the country of removal. Noncitizens can rebut this presumption based only on exceptionally compelling circumstances.    
 
The presumption will not apply to a noncitizen if they, or a family member traveling with them, received appropriate authorization to travel to the United States to seek parole; presented at a port of entry, pursuant to a pre-scheduled time and place using the CBP One app; established that it was not possible to access or use the CBP One app due to a language barrier, illiteracy, significant technical failure, or other applicable exception; or sought and were denied asylum or other protection in at least one other country. Individuals may also rebut the presumption by demonstrating exceptionally compelling circumstances. Unaccompanied children are exempted from this presumption.
 

Last week, the Government of Mexico announced that they will continue to accept returns, on humanitarian grounds, of migrants from Cuba, Haiti, Nicaragua, and Venezuela who are processed under Title 8 authorities at the U.S. border. Individuals removed under Title 8 are subject to a five-year bar on admission and potential criminal prosecution should they seek to reenter unlawfully.      
 
In January 2023, DHS announced new border enforcement measures to improve border security, limit irregular migration, and create additional safe and orderly processes for people fleeing humanitarian crises to lawfully come to the United States. This included a new parole process for Cubans, Haitians, and Nicaraguans, scheduling an appointment to present at a port of entry through the CBP One app, and efforts to surge personnel and other resources to the southwest border.  
 
DHS has been preparing for the end of the Title 42 public health Order for nearly two years. In February 2022, DHS formally stood up the Southwest Border Coordination Center, which leads the planning and coordinating of a whole-of-government response to the anticipated increase in border encounters. In April 2022, Secretary Mayorkas issued the DHS Plan for Southwest Border Security and Preparedness, laying out a six-pillar plan to manage an increase in encounters once the Title 42 public health Order is no longer in effect. DHS updated the plan this past December and shared additional details regarding preparations last week.  
0 Comments

CBP Eliminated Entry Stamps in Passport: Only I-94 Form Records Admission

10/20/2022

0 Comments

 
U.S. Customs and Border Protection (“CBP”)or CBP announced the elimination of admission or entry stamps in the passports of foreign nationals arriving in the U.S. This measure is already in effect for some airports, in other airports CBP is still issuing entry stamps. 

A passport entry stamp is an inked impression CBP makes in the foreign national’s passport at the port of entry upon the foreign national’s admission to the U.S. The stamp contains the location of entry point, the date of entry, the class of entry (B-2, H-1B, F-1, etc.), and the duration the foreign national is permitted to stay. In that regard, the passport entry stamp was a useful reference reflecting the tracking of a foreign national’s travel history and immigration status. The same information contained on the passport entry stamp is also reflected on a foreign national’s official admission record, the Form I-94. However, there are often discrepancies between the stamp in the passport and the Form I-94. The Form I-94 is not issued to the foreign national upon entrance, but is instead maintained and available online: https://i94.cbp.dhs.gov/I94/#/home

CBP is eliminating the passport entry stamp to streamline the entry process. Foreign nationals will now only have the Form I-94 to reference as proof of their lawful immigration status. 

It is advisable to access and review the Form I-94 soon after entry to the United States, so that needed corrections can be actioned in a timely manner.


Picture
Pillars of Creation
0 Comments

USCIS Issues INA 212(a)(9)(B) Policy Manual Guidance Re Applicability of 3-year and 10-year ULP Bars.

7/5/2022

0 Comments

 
On June 24, 2022, USCIS updated its Policy Manual. New policy is intended to make it easier for people to obtain a green card without having to apply for an inadmissibility waiver.

Purpose

U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy
Manual on inadmissibility under section 212(a)(9)(B) of the Immigration and Nationality Act
(INA), specifically, the effect of returning to the United States during the statutory 3-year or 10-
year period after departure or removal
(if applicable).

Under this new policy guidance, a noncitizen who again seeks admission more than 3 or 10 years after the relevant departure or removal, is not inadmissible under INA 212(a)(9)(B) even if the noncitizen returned to the United States, with or without authorization, during the statutory 3-year or 10-year period.

Background

In 1996, Congress provided specific grounds of inadmissibility related to a noncitizen’s accrual of
unlawful presence in the United States, including inadmissibility under INA 212(a)(9)(B).

A noncitizen is inadmissible under INA 212(a)(9)(B) if the noncitizen accrues more than 180 days of
unlawful presence, departs or is removed (whichever applies), and again seeks admission within 3-
years or 10-years, respectively, after the departure or removal. This INA provision does not speak to
the effect of returning to the United States during the statutory 3-year or 10-year period without first
obtaining a waiver of inadmissibility.4 There are neither regulations, precedent federal court
decisions, nor published5 administrative decisions on the issue. However, more recently, two federal
district courts have issued decisions on this issue, concluding that the statutory 3-year and 10-year
periods run from the date of departure or removal (whichever applies) without interruption. 

USCIS is issuing this guidance to explain the effect of returning to the United States during the statutory 3-year or 10-year period after departure or removal (whichever applies) on inadmissibility determinations under INA 212(a)(9)(B). USCIS has not previously issued guidance on this specific issue in a policy memorandum, the Adjudicator’s Field Manual, or the Policy Manual.7 USCIS is now issuing this policy guidance to memorialize clear, express, and public-facing policy guidance in the Policy Manual regarding the impact of returning to the United States during the statutory 3-year and 10-year periods of inadmissibility under INA 212(a)(9)(B). This policy guidance, which is consistent with two recent district court decisions and an unpublished BIA decision on this issue, will ensure efficient and consistent adjudication in such cases, and enable the government to preserve significant resources.

This guidance contained in Volume 8 of the Policy Manual is effective immediately and applies prospectively to USCIS inadmissibility determinations made on or after June 24, 2022. The guidance contained in the Policy Manual is controlling and supersedes any prior related guidance on the topic. In addition, some noncitizens may be eligible to file a motion to reopen8 their previously denied application with USCIS using a Notice of Appeal or Motion (Form I-290B).

For more information, see the Unlawful Presence and Inadmissibility webpage.

Policy Highlights

• Explains that USCIS does not consider a noncitizen who has accrued more than 180 days of unlawful presence and has departed or been removed (whichever applies) inadmissible under INA 212(a)(9)(B) unless the noncitizen again seeks admission to the United States within the statutory 3-year or 10-year period after departure or removal (whichever applies) following accrual of the requisite period of unlawful presence.

• States that the statutory 3-year or 10-year period begins to run once the noncitizen departs or is removed (whichever applies) and continues without interruption from that date until 3 or 10 years after such departure or removal.

• States that a noncitizen’s location during the statutory 3-year or 10-year period and the noncitizen’s manner of return to the United States during the statutory 3-year or 10-year period are irrelevant for purposes of determining inadmissibility under INA 212(a)(9)(B). 

Untimely Motions to Reopen for Certain USCIS DenialsOn June 24, 2022 USCIS published new policy guidance in the USCIS Policy Manual concerning the effect of returning to the United States during the statutory three-year or 10-year period after departure or removal. Under this policy guidance, a noncitizen who again seeks admission more than three years or 10 years after the relevant departure or removal is not inadmissible under INA 212(a)(9)(B), even if the noncitizen returned to the United States, with or without authorization, during the statutory three-year or 10-year period.
Generally, under 8 CFR 103.5(a)(1)(i), a motion to reopen filed by an applicant or petitioner must be filed within 30 days of the decision that the motion seeks to reopen. However, on or before December 27, 2022, you may file an untimely motion to reopen your previously denied application with USCIS on Form I-290B, Notice of Appeal or Motion, and in accordance with the form instructions and filing fee, if:
  • You returned to the United States during the statutory three-year or 10-year period;
  • You filed your application with USCIS after the expiration of the statutory three-year or 10-year period; and
  • We denied your application on or after April 4, 2016, solely based upon inadmissibility under INA 212(a)(9)(B) and your return to the United States during the statutory three-year or 10-year period.
You should write “Return to United States during three-year or 10-year statutory period” to assist with identification and to prevent rejection for untimely filing. We will accept untimely motions to reopen that meet the requirements above. Any individual in litigation on this basis may work through the government’s representative in litigation. If your case is reopened, it will be adjudicated under the new policy guidance
Read more here. 

More Information about Unlawful Presence and the BarsYou can find more information on unlawful presence in AFM Chapter 40.9.2 (PDF, 1017.74 KB). You can also find additional information about grounds of inadmissibility in the USCIS Policy Manual.
Read here.

Whether an unlawful presence ground of inadmissibility applies to you depends on the immigration benefit you are seeking.
​Depending on the immigration benefit you are seeking, the law may exempt you from the ground of inadmissibility.
If you are inadmissible due to one or more of the unlawful presence grounds of inadmissibility, you generally cannot obtain a visa from the U.S. Department of State, enter the United States at a port of entry, or obtain an immigration benefit such as adjustment of status (Green Card) in the United States without first obtaining a waiver or another form of relief (such as consent to reapply for admission).
You can find information about some of the waivers or forms of relief on the following form pages:
  • Form I-192, Application for Advance Permission to Enter as a Nonimmigrant
  • Form I-601, Application for Waiver of Grounds of Inadmissibility
  • Form I-601A, Application for Provisional Unlawful Presence Waiver
  • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal


​Read new policy at USCIS website. 
memo_ulp_inadmissibility_3_10_bar-ina212a9b_06242022.pdf
File Size: 416 kb
File Type: pdf
Download File

Picture
0 Comments

Admission after Authorized Travel for TPS Makes Them Eligible for Adjustment Under INA 245a

7/3/2022

0 Comments

 
Big news for TPS:

On July 1, 2022, USCIS updated its policy regarding eligibility for adjustment of status of certain recipients of TPS.  USCIS clarified that TPS beneficiaries who travel abroad temporarily, with the prior consent of the USCIS (new travel authorization form I-512T), and who return to the USA in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are considered “inspected and admitted” and therefore eligible to apply for a green card through a process known as adjustment of status under INA 245(a) and INA 245(k). This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS. USCIS  introducув a new form, TPS Travel Authorization (Form I-512T) for authorizing such travel. A TPS applicant has to be eligible to apply for a green card, in one if the categories, this didn't change.

Briefly in Russian:

1 июля 2022 USCIS опубликовал официальный меморандум, который изменил стырые правила по ТПС. Теперь человек в статусе ТПС, может получить разрешение на поездки за границу, новую форму, которую вводят специально для ТПС, и по возвращении в США, ему или ей будет разрешен официальный въезд в США на основании инспекции офицером на границе. С этим официальным разрешением на въезд, человек сможет подать на грин карту через процесс известный как adjustment of status, даже если до этого они въехали без визы и проживали нелегально в США. Естественно, человек должен иметь основания для подачи на грин карту, в соответствии с законом.

To be eligible for adjustment of status under INA 245(a), a noncitizen must have been inspected and admitted or inspected and paroled into the United States, unless exempt from this requirement. On June 7, 2021, the U.S. Supreme Court upheld the interpretation that a noncitizen who enters the United States without having been inspected and admitted or inspected and paroled, and who is subsequently granted TPS, generally does not meet this requirement.1 USCIS is updating its guidance to reflect the decision of the Supreme Court. USCIS is also updating the effect of authorized travel by a TPS beneficiary on eligibility for adjustment of status under INA 245(a). On August 20, 2020, USCIS adopted a decision by the Administrative Appeals Office in Matter of Z-R-Z-C- as agency policy.

Matter of Z-R-Z-C- held that treating TPS beneficiaries who were paroled upon returning from travel authorized under INA 244(f)(3) as parolees for purposes of eligibility for adjustment of status under INA 245(a) was contrary to the language of the statute, as such noncitizens should not be considered to have been paroled, despite the issuance and use of parole documents for reentry into the United States. The adoption of this holding as the agency’s policy position significantly changed the agency’s position on the effect of authorized travel and return to the United States by TPS recipients. Matter of Z-R-ZC- also held that being “inspected and admitted” after TPS-authorized travel does not constitute being inspected and admitted for purposes of adjustment of status under INA 245(a).  

USCIS has reviewed its interpretation of the relevant statutory authority3 and the effect of TPS authorized travel on eligibility for adjustment of status, and on July 1, 2022, rescinded its designation of Matter of Z-R-Z-C- as an adopted decision.

USCIS is updating its guidance to clarify that TPS beneficiaries who travel abroad temporarily, with the prior consent of the U.S. Department of Homeland Security (DHS), and who return in accordance with that prior authorization, may be inspected and admitted into TPS upon return, with certain exceptions. TPS beneficiaries whom DHS has inspected and admitted into TPS after such authorized travel are “inspected and admitted” for purposes of adjustment of status under INA 245(a) and INA 245(k).

This is true even if the TPS beneficiary was present without admission or parole when initially granted TPS.

USCIS is also updating its guidance relating to how it authorizes TPS beneficiaries to travel pursuant to the Miscellaneous and Technical Immigration and Nationality Amendments of 1991 (MTINA).

USCIS is introducing a new form, TPS Travel Authorization (Form I-512T) for authorizing such travel and will no longer be using Authorization for Parole of an Alien Into the United States (Form I512L) for this population. Presenting with a valid Form I-512T allows a U.S. Customs and Border Protection (CBP) officer at a port-of-entry to admit the named bearer into TPS.

USCIS is also removing guidance and reserving the affected Policy Manual section regarding the effect of TPS and TPS-authorized travel on whether a naturalization applicant was lawfully admitted for permanent residence, as required under INA 318.

The removed guidance did not reflect the 2021 Supreme Court decision that conferral of TPS was not an admission, and it applied the rescinded policy in Matter of Z-R-Z-C- to TPS beneficiaries who returned from authorized travel. Guidance reflecting these changes will be issued subsequently. USCIS is also updating its guidance relating to when adjustment of status applications are in the jurisdiction of USCIS, as opposed to the jurisdiction of the Executive Office for Immigration Review (EOIR).

The update also clarifies that jurisdiction is based on whether or not DHS places a noncitizen into removal proceedings as an “arriving alien.” This guidance, contained in Volume 7 of the Policy Manual, is effective immediately and applies prospectively to applications adjudicated on or after July 1, 2022. The guidance in Part B, Chapter 2, Section A, Subsection 5, Temporary Protected Status, also applies retroactively to past travel in all cases arising under the jurisdiction of the U.S. Court of Appeals for the Fifth Circuit under the recent decision Duarte v. Mayorkas, 27 F.4th 1044 (5th Cir. 2022), as well as in individual cases arising elsewhere where USCIS has determined that retroactive application is appropriate, as explained in the guidance. The guidance contained in the Policy Manual is controlling and supersedes Adjudicators Field Manual Chapter 54.4(a)(3)(A), TPS Advance Parole Procedures, and any other related prior guidance on the topic.

Policy Highlights:

• Incorporates the Supreme Court’s decision in Sanchez v. Mayorkas.

• Reflects the rescission of Matter of Z-R-Z-C- as an adopted decision.

• Clarifies that if a TPS beneficiary is inspected and admitted into TPS following a return from authorized travel, this meets the requirements of INA 245(a) and 245(k) for adjustment of status.

• Provides that USCIS may deem past travel under advance parole to have been an admission into TPS in certain cases.

• Clarifies the circumstances under which USCIS or EOIR have jurisdiction over adjustment of status applications following a TPS beneficiary’s inspection and admission into TPS after a return from authorized travel.

• Clarifies that jurisdiction over an adjustment application by a noncitizen in removal proceedings is based on whether or not DHS placed the noncitizen into those proceedings as an “arriving alien.”

• Removes and reserves guidance discussing TPS when considering whether a naturalization applicant was lawfully admitted as a permanent resident as required under INA 318. Summary of Changes Affected Section: Volume 7 > Part A > Chapter 3 > Section D, Jurisdiction

• Makes revisions throughout to clarify basis for jurisdiction and to incorporate new policy on effect of TPS-authorized travel. Affected Section: Volume 7 > Part B > Chapter 2 > Section A, “Inspected and Admitted” or “Inspected and Paroled” • Revises Subsection 5 (Temporary Protected Status), in its entirety. Affected Section: Volume 12 > Part D > Chapter 2 > Section C, Effect of Change in Law 

• Removes text under Subsection 2 (Case Law), Temporary Protected Status and Admission or Parole into the United States for Adjustment of Status, and reserves section.

Citation

​Volume 7: Adjustment of Status, Part A, Adjustment of Status Policies and Procedures, Chapter 3, Filing Instructions [7 USCIS-PM A.3]; Part B, 245(a) Adjustment, Chapter 2, Eligibility Requirements [7 USCIS-PM B.2]. Volume 12: Citizenship and Naturalization, Part D, General Naturalization Requirements, Chapter 2, Lawful Permanent Resident Admission for Naturalization [12 USCIS-PM D.2]. 

USCIS Memo, dated July 1, 2022.

Read another post on this topic here - I-512T Travel Authorization for TPS Beneficiary v. Advance Parole for I-821 pending.


Picture
0 Comments

Updated I-94 Admission Record Will Have Letters and Numbers

4/29/2019

0 Comments

 
Starting in May 2019, US Customs and Border Protection (CBP) will start issuing I-94 Admission Record with letters in addition to numbers. The new format will include nine numbers, followed by one letter and one number.

Current I-94 Admission Record also have eleven characters, but only numbers. Examples of new I-94 numbers include: 111111111A1; 000000001B2; 123456789C3.

​I-94s in the current number-only format will remain valid through the listed “Admit Until Date”.

As a reminder, an I-94 record not only documents a foreign national’s current nonimmigrant status, but also governs the amount of time the individual is allowed to remain in the United States in that status. As such, it is extremely important to review and print I-94 record from the CBP website after each admission into the United States. Errors on I-94 records can be corrected if caught early. 
Picture
0 Comments

Effect of DUI, DWI and other alcohol related crimes, arrests, convictions on admissibility to USA

10/26/2017

0 Comments

 
Alcohol-related crimes, charges, convictions are a health-related ground of inadmissibility to the United States.

USCIS, DHS, ICE, Department of State and other immigration authorities are now following the new policy regarding the individuals who have alcohol-related charges, arrests or offenses. Immigrants should keep in mind the consequences of having even one alcohol related criminal charge or offense, which means that USCIS possibly can find them ineligible for an extension of status, change of status, adjustment of status request.

In some cases (not always) it could be possible to leave the U.S.A. and apply for a visa at the U.S. Consulate abroad. However, U.S. Consulates abroad can require applicants to be evaluated by a designated panel physician who will evaluate whether the visa applicant has a physical or mental disorder associated with alcohol use that may pose a threat to the property, safety or welfare of others in the United States.

It should be noted that the U.S. Consulates are now often revoking already issued and valid visas of affected foreign nationals when they receive a law enforcement report of a DUI-related arrest or conviction regardless of whether individuals are in the United States or abroad at the time. A person can receive a phone call or email asking him or her to come to the U.S. Consulate with a passport (no explanations given), so a visa can be physically revoked (cancelled). Most people are unaware that their visas are revoked until they try to return to the United States after travel abroad.  ​Some people with alcohol-related charges receive letters from the U.S. Department of State notifying them of their visa revocation. 

Because these negative consequences are result of the health-related ground of inadmissibility, it means that no conviction is necessary (arrest and charged are enough). 

Until recently, the only affected groups of people were the visa holders with a single alcohol-related arrest or conviction within the last five years, or two or more alcohol-related arrests or convictions.

Under the current policy, it only takes a single alcohol-related charge to trigger action by U.S. authorities. USCIS is now identifying alcohol-related offenses and denying requests for an extension of status in any visa classification.

Until recently and before this policy change, U.S. Consulates only referred visa holders to a panel physician for evaluation when a new visa application was made. Now, U.S. Consulates are responding to law enforcement reports proactively by revoking the already approved and issued visas of anyone who has an alcohol-related charge even in situations where an individual hasn’t made a new visa application.

If USCIS denied an application for extension or change of status, the applicant will have to leave the country and apply for a visa at a U.S. consulate abroad, in his home country. “Every nonimmigrant alien who applies for admission to, or an extension of stay in, the United States must establish that he or she is ​admissible to the United States, or that any ground of inadmissibility has been waived.” In other words, it is an applicant's burden to prove that he/she is not inadmissible. 

An alcohol-related charge is a health ground of inadmissibility, which means that a conviction is not required and charges alone can trigger inadmissibility. Visa holders affected by this rule are not removable (not deportable on this ground) from the United States.

If a visa is denied, can a visa applicant file an appeal of denial of a Visa Application at the U.S. Consulate abroad?  No, you can't appeal a visa denial. There is no appeal process to challenge a consular officer’s decision to deny a visa application. The doctrine of "nonreviewability of consular decisions" was affirmed by the U.S. Supreme Court in 2015 in the case Kerry v. Din .

Another important moment to keep in mind is that neither the visa applicant nor the attorney can review the panel physician’s medical report.

What else can be done? People can ask for an Advisory Opinion from the Department of State’s Visa Office. Also, visa applicants can dispute the findings of the panel physician by asking the consular officer to request an Advisory Opinion from the U.S. Centers for Disease Control and Prevention (CDC), which the consular officer can refuse to do without recourse. Both of these options take a lot of time. As a result, most of the nonimmigrant visa applicants have to obtain a nonimmigrant waiver of inadmissibility through the DHS, which could take six months or longer to process, and during this time the visa applicant has to wait abroad. Approval of any immigrant or nonimmigrant visa waiver is not guaranteed.

During October 19, 2017 meeting, AILA asked the US Department of State Liaison Committee and the Visa Office the following question:

"AILA has received reports of visa holders whose visas were prudentially revoked for DUI arrests while they are in the United States being charged by ICE as removable under INA §237(a)(1)(B), for being physically present in the United States with a revoked nonimmigrant visa. Based on our previous conversations, it is our understanding that a prudential revocation only becomes effective once the alien departs the United States. Has VO discussed this issue with DHS? If prudential revocations are now leading to the initiation of removal proceedings, would VO be willing to revisit the issue to ensure that the prudential revocation only precludes future travel to the United States?"

DoS answer: "We’ve discussed this with ICE, and there has not been a policy change."

New USCIS waiver policy memorandum (08/23/2017).

Updated USCIS Policy Manual, Chapter 7, Physical or Mental Disorders.

Nonimmigrant waiver application.

Immigrant waiver application.



Picture
Do not drink and drive.
0 Comments

Court Order: Every Person in the Possession of a Valid Immigrant Visa Should be Allowed Admission to USA

2/2/2017

0 Comments

 
Today, a federal judge in Los Angeles has ruled that CBP and DHS must allow immigrants with already issued IMMIGRANT Visas to enter the United States from seven Muslim-majority nations, despite an executive order ban.

This new court order applies ONLY to immigrant visas, where an immigrant travels to USA on an immigrant visa and upon admission to USA becomes a lawful permanent resident (received a green card aka permanent residency in USA).

As was reported earlier, effective January 27th 2017, the U.S. Department of State "provisionally cancelled" ALL previously issued visas, including immigrant visas, to natives of the "list of seven" countries.

This court order makes it clear that the government must allow admission of lawful immigrants on valid immigrant visas to the United States, notwithstanding the fact that as of January 27th every single visa issued to people from seven countries is considered "conditionally cancelled".


It was also reported today that DHS opened internal investigation into multiple reports of the DHS and CBP employees refusing admission to people from seven countries in violation of the court orders. 

In Russian:

Сегодня судья федерального суда в Лос Анджелесе, Калифорния вынес еще одно решение, ограничивающее указ президента от 27 января 2017, о запрете на въезд в США лиц из семи стран (Ирак, Иран, Сирия, Судан, Сомалия, Йемен и Ливия).

Это решение распространяется на всю страну, не только на Калифорнию.

По решению суда, въезд в США разрешен всем тем иммигрантам, кто получил иммиграционные визы в США из семи стран, названных в указе. Так как по въезде в страну, они становятся постоянными жителями и получают вид на жительство в США.

Иммиграционная полиция и пограничники обязаны впускать в США всех тех, у кого есть иммиграционные визы (не смотря на то, что 27 января 2017 Госдеп США опубликовал меморандум о том, что они "условно аннулировали" ВСЕ до одной визы гражданам из семи стран).


Также сегодня было объявлено, что DHS начал внутреннее расследование среди своих сотрудников, которые отказываются выполнять решения судов и по прежнему отказывают лицам из семи стран во въезде в США.

Источник. read more here.


Picture
Artist Vasya Lozhkin. Картина Васи Ложкина.
0 Comments
    Schedule consultation
    cards
    Powered by paypal
    Email your questions
    To people seeking legal advice, guidance and help, we offer remote consultations over the phone, Zoom, or video call. 

    Author

    Luba Smal is an attorney exclusively practicing USA federal immigration law since 2004.  She speaks English and Russian. 

    To ask questions or to schedule consultation, please email or use our scheduling app.

    List of our links.

    We have useful FREE RESOURCES: 

    Our YouTube Channel.

    Facebook Page in English &

    Facebook Page in English and Russian

    Picture

    Archives

    May 2025
    April 2025
    March 2025
    February 2025
    January 2025
    December 2024
    September 2024
    August 2024
    July 2024
    June 2024
    May 2024
    April 2024
    March 2024
    February 2024
    January 2024
    December 2023
    November 2023
    October 2023
    September 2023
    August 2023
    July 2023
    June 2023
    May 2023
    April 2023
    March 2023
    February 2023
    January 2023
    December 2022
    November 2022
    October 2022
    September 2022
    August 2022
    July 2022
    June 2022
    May 2022
    April 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    August 2021
    June 2021
    May 2021
    April 2021
    March 2021
    February 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    May 2020
    April 2020
    March 2020
    January 2020
    November 2019
    October 2019
    September 2019
    August 2019
    July 2019
    June 2019
    May 2019
    April 2019
    March 2019
    February 2019
    January 2019
    December 2018
    November 2018
    October 2018
    September 2018
    August 2018
    July 2018
    June 2018
    May 2018
    April 2018
    February 2018
    January 2018
    December 2017
    November 2017
    October 2017
    September 2017
    August 2017
    July 2017
    June 2017
    May 2017
    April 2017
    March 2017
    February 2017
    January 2017
    December 2016
    November 2016
    October 2016
    September 2016
    August 2016
    July 2016
    June 2016
    May 2016
    April 2016
    March 2016
    February 2016
    January 2016
    December 2015
    November 2015
    October 2015
    September 2015
    June 2015
    May 2015
    April 2015
    March 2015
    February 2015
    January 2015

    Categories

    All
    10 Year Ban
    10-year Ban
    10 Year Visa
    10-year Visa
    180-day Rule
    2020 DV Lottery
    212(a)(6)(C)
    212e
    2 Year Home Residency Requirement
    30-60 Day Rule
    30-60 Days Rule
    3 Year Ban
    50/20
    55/15
    5th Amendment
    65/20
    8 CFR
    90 Day Rule
    90-day Rule
    90 Days Rule
    9 Circuit
    9 FAM
    9 FAM 40.103
    9 FAM 402.9
    9 FAM 42.41 Notes
    9 FAM 42.74 N1
    9 Fam 502.6
    9th Circuit
    Aao
    Ab 60
    Ab60
    Ab 60 Driver's License
    Abandonment
    Abuse
    Abuser
    Ac21
    Accommodations
    Acquire Citizenship
    Address
    ADIT
    Adjustment Of Status
    Adjustment Of Status Interview
    Administrative Appeals Office
    Administrative Processing
    Admission
    Admission Record
    Adoption
    Adoption Of Child
    Advance Parole
    Advice
    Advise
    Advisory
    Affidavit Of Support
    Afghanistan
    Airport
    Alcohol-related
    Alert
    Alien
    Alien Of Extraordinary Ability
    Alien Registration
    American Citizen
    American Citizenship
    Amicus Curiae Brief
    Annual Cap
    Appeal
    Application Fee
    Application For Naturalization
    Application For Visa To Russia
    Appointment
    Approval Rate
    Aquisition
    AR-11
    Arerst
    Army
    Arrest Order
    Asc Uscis
    Assets Freeze
    Asylee
    Asylum
    Attorney
    Attorney-client Privilege
    Attorney General
    Attorney Smal
    Au Pair
    Australian
    A Visa
    B 1
    B-1
    B1
    B 1 Visa
    B-1 Visa
    B 2
    B-2
    B2
    B2 Visa
    Bachelor's Degree
    Backlog
    Ban
    Bar
    Belarus
    Bia
    Biden
    Bill
    Biometrics
    Birth Certificate
    Birth Of Child Abroad
    Birth Tourism
    Board Of Immigration Appeals
    Bona Fide
    Border Search
    Brazil
    Brother
    Business Visa
    Business Visitor Visa
    Cable
    California
    Canada
    Canadian Citizen
    Canadian Resident
    Cancellation Of Removal
    Cancelled
    Cap-gap
    Carrier Documentation
    Case Inquiry
    CBP
    CBP Home
    CBPHome
    CBP One
    CBPOne
    Cell Phone
    Certificate Of Citizenship
    Certificate Of Naturalization
    Change Of Address
    Change Of Status
    Child
    Child Of A Fiance
    Children
    China
    Chinese Birth Tourism
    Cities For Action
    Citizenship
    Civics
    Civil Surgeon
    Civil Unrest
    Class Action
    College
    Common Immigration Scam
    Complaint
    Compliance
    Conditional Green Card
    Confidential And Privileged
    Confidentiality
    Congress
    Constitution
    Consul
    Consular Processing
    Consulate
    Consultation
    Contact
    Conviction
    Coronavirus
    COS
    Court
    Court Hearing
    Court Of Appeals
    Court Order
    Covid
    COVID19
    CR-1
    Crime
    Criminal
    Criminal Case
    CSPA
    Cuba
    Cuban Assets Control Regulations
    Current
    Daca
    Dapa
    Declaration Of Financial Support
    Declaration Of Self Sufficiency
    DED
    Deferred Action
    Deferred Action For Childhood Arrivals
    Deferred Action For Parental Accountability
    Deferred Action For Parents Of Americans And Lawful Permanent Residents
    Deferred Inspection
    Denaturalization
    Denial
    Denial Rate
    Department Of Defense
    Department Of Homeland Security
    Department Of Justice
    Department Of State
    Dependent
    Dependent Visa
    Deportation
    Deported
    Derivative
    Derivative Citizenship
    Derivative Citizenship Chart
    Designated Civil Surgeon
    Designation As A State Sponsor Of Terrorism
    Dhanasar
    DHS
    Diploma
    Directive
    Director
    Disability
    Discretion
    Diversity Visa
    Divorce
    Dmv
    DNA
    DNA Test
    DOJ
    DOL
    Domestic Violence
    Dos
    Dream Act
    Dreamers
    Driver's License
    Drug Addiction
    Drug Conviction
    DS 160
    DS-160
    DS 260
    DS-260
    DS260
    DSO
    Dual Citizen
    DUI
    Dutch State
    Dv
    Dv 2016
    DV-2016
    Dv2016 Lottery
    Dv 2017
    Dv2017
    DV 2017 Lottery
    DV-2017 Lottery
    Dv 2017 Program
    DV 2018
    DV 2019
    DV-2019
    DV 2020
    DV-2020
    DV 2021
    DV 2022
    DV 2023 Lottery
    DV 2024
    DV 2024 Lottery
    DV 2025
    DV2025
    DV 2025 Lottery
    DV Lottery
    DV Lottery 2021
    DV Lottery Rules
    Dv Lottery Selectee
    Dv Visa
    DWI
    E-1
    E1
    E 1 Visa
    E-1 Visa
    E-2
    E2
    E2 Treaty Investor
    E 2 Visa
    E-2 Visa
    E-3
    E3 Visa
    Ead
    Ead Sample
    Eb 1
    EB-1
    Eb1
    EB2
    EB-3
    Eb3
    EB4
    EB 5
    EB-5
    Eb5
    Eb5 Investor
    Ecuador
    Elections
    Electronic Application
    Electronic Device
    Electronics Ban
    El Salvador
    Embassy
    Emergency
    Employer
    Employment Authorization
    Employment Based
    Employment-based
    Enforcement
    Engineer
    English Exemption
    Enhanced Screening
    Entrepreneur
    Eoir
    EOS
    ESTA
    ETA
    ETIAS
    Eu
    Europe
    Evacuation
    E-Verify
    EVerify
    Evidence
    Exceptional Circumstances
    Exchange Visitor
    Executive Action On Immigration
    Executive Order
    Exemption
    Expanded Daca
    Expat
    Expatriate
    Expedite
    Expedited Removal
    Expedited Renewal
    Extension Of Status
    Extention
    Extraordinary Abilities Or Achievements
    Extreme Hardship Waiver
    Extreme Vetting
    F 1
    F-1
    F-1
    F1
    F1 Visa
    F2
    F2A
    Facial Biometrics
    Facial Recognition
    Family Based
    Family-based
    Family Reunification
    Fatca
    Fbi
    Federal Court
    Federal Crime
    Federal District Court
    Federal Lawsuit
    Federal Register
    Fee Calculator
    Fees
    Fee Schedule
    Fee Waiver
    Felony
    Femida
    Fiancee
    Fiancee Visa
    Fiance Visa
    Field Office
    Filing Fee
    Final Rule
    Fingerprint
    Flores V Meese
    FOIA
    Following To Join
    Forced Labor
    Foreign
    Foreign Adoption
    Foreign Student
    Form 6051-D
    Fraud
    Fraudulent Asylum
    Free Attorney
    Freedom Of Information Act
    Free Education
    Free Lawyer
    Free Legal Advice
    Free Legal Consultation
    Free Online University
    FY 2019
    FY 2020
    FY 2021
    G-1450
    G1450
    G 28
    G-28
    G28
    G325R
    G-639
    Gay Marriage
    Gaza
    Gender
    German Law
    Germany
    GMC
    Gold Card
    Goldcard
    Good Moral Character
    @gov
    Grant
    Green Card
    Greencard
    Green Card Interview
    Green Card Lost
    Green Card Lottery
    Green Card Lottery Winner
    Green Card Through Marriage To A Us Citizen
    Guide
    G Visa
    H-1
    H1
    H-1B
    H-1b
    H1b
    H1B Cap
    H1b Visa
    H2B
    H-2 Visa
    H-4
    H4
    H 4 Spouse
    H-4 Spouse
    Haiti
    Hardship
    HART
    Health Insurance
    Health Related
    Health-related
    High School
    Home Residency Requirement
    Honduras
    How To
    How To Apply For A Passport
    How To Apply For ITIN
    How To Apply For Us Passport In Omaha
    Humanitarian
    Humanitarian Parole
    Humanitarian Relief
    Human Trafficking
    H Visa
    I-129
    I129
    I-129F
    I-130
    I130
    I-130A
    I130 At Consulate Abroad
    I 130 Petition For A Sibling
    I-130 Petition For A Sibling
    I 130 Petition For A Spouse In Same Sex Marriage
    I-130 Petition For A Spouse In Same Sex Marriage
    I 130 Priority Date
    I-130 Priority Date
    I-131
    I131
    I131A
    I134
    I134A
    I 140
    I-140
    I140
    I212
    I290B
    I360
    I-407
    I407
    I 485
    I-485
    I485
    I485 Pending
    I512T
    I539
    I551
    I589
    I 601
    I-601
    I-601
    I601
    I-601A
    I601a
    I693
    I730
    I 751
    I-751
    I751
    I765
    I-765V
    I821
    I-864
    I864
    I864P
    I9
    I90
    I907
    I912
    I918
    I-94
    I94
    I944
    ICE
    ICE Detainer
    ICE Raid
    Id
    Illegal
    ILRC
    IMBRA
    Immigrant
    Immigrant Intent
    Immigrant Investor
    Immigrant Visa
    Immigration
    Immigration Advice
    Immigration Attorney
    Immigration Case
    Immigration Court
    Immigration Fraud
    Immigration Judge
    Immigration Lawyer
    Immigration Links
    Immigration Medical
    Immigration Raid
    Immigration Reform
    Immigration Relief Measures
    Immigration Rights
    Immigration Scam
    INA 203(b)(1)(A)
    INA 212(A)(10)(C)
    INA 212(a)(6)
    INA 212(a)(9)(B)
    INA 212(d)(3)(A)
    INA 262
    Inadmissibility
    Inadmissibility Ground
    Indentured Servitude
    India
    Individual Hearing
    Ineffective Assistance Of Counsel
    Injunction
    Intelligence
    Internal Revenue Service
    International Adoption
    International Child Abduction
    International Child Abduction Inadmissibility
    International Entrepreneur
    International Entrepreneur Rule
    International Student
    Interpretation
    Interpreter
    Interview
    Investigation
    Investor Visa
    Iowa
    Iraq
    IRS
    Islam
    ITIN
    IV
    J1
    J1 Visa
    Job Relocation
    Judge
    K 1
    K-1
    K1
    K 1 Visa
    K-1 Visa
    K-2
    K2
    K 2 Visa
    K-2 Visa
    K3
    K 3 Visa
    K-3 Visa
    K4
    K 4 Visa
    K-4 Visa
    Kazakhstan
    Kazarian
    Kcc
    Kentucky Consular Center
    Know Your Rights
    KZ
    L1b Adjudications Policy
    L 1b Person With Specialized Knowledge
    L-1B Person With Specialized Knowledge
    L 1b Visa
    L-1B Visa
    L1 Visa
    Laptop Ban
    Law Enforcement
    Lawful Permanent Resident
    Lawsuit
    Lawyer
    Legal Advice
    Legal Consultation
    Legitimated Child
    Links
    List Of Seven
    List Of Six
    Lost Or Stolen
    Lottery Winner
    LPR
    L Supplement
    Luba Smal
    Mandatory Detention
    Manual
    Marijuana
    Marquez
    Marriage
    Marriage-based
    Marriage Broker
    Marriage Fraud
    Maternity Tourism
    Matricula Consular
    Matter
    Matter Of Cross
    MAVNI
    Medical
    Medical Exam
    Memorandum
    Merit Based
    Merit-based
    Mexico
    Military Naturalization
    Military Service
    Misrepresentation
    Moscow
    Motion
    Muslim
    Muslim Ban
    M Visa
    MyProgress
    Myuscis
    N336
    N-400
    N-400
    N400
    N-600
    N600
    N648
    National Interest Waiver
    National Security
    National Visa Center
    Natural Disaster
    Naturalization
    Naturalization Test
    Natz
    Navy
    NE
    Nebraska
    Nebraska Immigration Attorney
    Nebraska Immigration Lawyer
    Nepal
    Nepal Earthquake
    Newborn
    New Form
    New Rule
    Nicaragua
    Niv Waiver
    NIW
    Nobel Prize
    No Eyeglasses Policy
    Noid
    NOIR
    Nonimmigrant
    Nonimmigrant Visa
    Notario
    Notario Public
    Notario Scam
    Notary
    Notice Of Entry Of Appearance As Attorney
    Notice To Appear
    NSC
    NTA
    Nurse
    Nvc
    O 1b Visa
    O-1B Visa
    OIG
    Omaha
    Omaha Attorney
    Omaha Immigration Attorney
    Omaha Immigration Lawyer
    Omaha Lawyer
    Ombudsman
    OPT
    Order Of Removal
    Out Of Status
    Out Of Wedlock
    Overstay
    O Visa
    Palestine
    Pamphlet
    Pandemic
    Parole
    Parolee
    Parole In Place
    Passport
    Passport Agency
    Passport Application
    Penalty
    Permanent Resident
    Permanent Resident Card
    Petition
    Petition To Remove Conditions
    Phone Scam
    Photo
    Pickering
    Pilot
    PIP
    POA
    Point-based
    Police Certificate
    Policy
    Policy Guidance
    Policy Manual
    Political Asylum
    Port Of Entry
    Post-conviction Relief
    Post Office
    Potomac
    Poverty Guidelines
    Power Of Attorney
    Practice Advisory
    Precedent
    Premium Processing
    President
    Presidential Elections 2016
    Priority Date
    Process For Venezuelans
    Processing Times
    Proclamation
    Program
    Proper Id
    Proposed Rule
    Prostitution
    Protected Status
    Provisional Waiver
    Public Benefits
    Public Charge
    Public Health
    Published Decision
    P Visa
    R-1
    R-1 Visa
    Racehorse Trainer
    Raid
    Real Id
    Real Id Act
    Reasons Beyond Applicant's Control
    Receipt
    Reentry
    Reentry Permit
    Refugee
    Refugee Travel Document
    Registration
    Reinstatement
    Rejection
    Religious Worker
    Removal
    Renewal
    Renew Passport
    Renounce
    Renounce Us Citizenship
    Reparole
    Request For Evidence
    Retrogression
    Revocation
    RFE
    Right To Counsel
    Russia
    Russian
    Russian Federation
    Russian Visa
    R Visa
    Safe Address
    Same Sex Marriage
    Same-sex Marriage
    Sanctions
    Sanctuary City
    Sanctuary State
    Scam
    Scammer
    Scholarship
    Science
    Scientist
    Search
    Search Order
    SEC
    Sec 101(c)(1)
    Section 106a
    Section 106b
    Secure Communities
    Seizure
    Self Petition
    Self-petition
    Settlement
    Sevis
    Sevp
    Sex-trafficking
    Shutdown
    Sibling
    Signature
    SIJS
    Sister
    SiV
    Skills List
    Smithsonian
    Social Media
    Social Security
    Special Immigrant
    Specialized Knowledge
    Sponsor
    Spouse
    SSA
    SSN
    Startup
    Startup Parole
    State Photo Id
    State Sponsor Of Terrorism
    Statistics
    Stem
    Stepchild
    Stepparent
    Student
    Student Visa
    Supervisory Skills
    Surveillance
    Suspended
    Tax
    Tax Return
    Telephone Scam
    Termination
    Texas
    Texas Department Of Human Services
    Title 42
    Tourist
    Tourist Visa
    TPS
    TRAC
    Translation
    Translator
    Transportation Letter
    Travel
    Travel Advisory
    Travel Authorization
    Travel Ban
    Travel Document
    Travel History
    Travel Itinerary
    Treaty
    Treaty Country
    Treaty Investor
    Treaty Trader
    TSA
    TSC
    T Visa
    U4U
    UAC
    UK
    Ukraine
    ULP
    Unaccompanied Child
    Unaccompanied Minor
    Unauthorized
    Unauthorized Practice Of Law
    Unconditional Permanent Resident
    Undocumented Immigrant
    Undocumented Student
    Undue Hardship
    Unemployment
    Unforeseen Circumstances
    United States
    United States V Texas
    Uniting For Ukraine
    University
    Unlawful
    Unlawful Presence
    Unpublished Decisions
    UPIL
    UPL
    USA
    Usa Birth Certificate
    Usa Citizenship
    Usa Embassy
    Usa Passport
    USCIS
    Uscis Appointment
    Uscis Case Status
    Uscis Fee Schedule
    Uscis Inquiry
    Uscis Memo
    Us Citizen
    Us Citizenship
    Us Department Of State
    Useful Links
    US Embassy
    Us Passport
    Us Supreme Court
    Us V Texas
    U Visa
    Uzbekistan
    Vacated
    Vaccination
    VAWA
    Venezuela
    Vermont
    Vetting
    Victim Of Crime
    Video
    Visa
    Visa Application
    Visa Bulletin
    Visa Denial
    Visa Fee
    Visa For Australian
    Visa Fraud
    Visa Free
    Visa Interview
    Visa Validity Period
    Visa Waiver
    Visa Waiver Program
    Visitor
    Visitor Visa
    VSC
    Vwp
    Waiver
    Waiver Of Inadmissibility
    Warning
    Warrant
    Web Portal
    Webportal
    Widow
    Widower
    Work Permit
    Work Permit Sample
    Work Visa
    Your Rights
    адвокат
    адвокат
    американский юрист
    безвизовый
    Беларусь
    беларусь
    бесплатная консультация
    бесплатная консультация
    бизнес
    бизнесмен
    вейвер
    вейвер
    видео
    вид на жительство
    виза
    виза
    виза в Беларусь
    виза в США
    гостевая виза
    гражданство США
    граница
    граница
    грин карта
    грин карта
    гринкарта
    депортация
    Дханасар
    запрет
    знай свои права
    иммигрант
    иммиграционная виза
    иммиграционный адвокат
    иммиграционный суд
    иммиграционный юрист
    иммиграция
    иммиграция
    инструкции
    интервью
    Казахстан
    консульство
    консульство США
    мошенничество
    Небраска
    Омаха
    Остап Бендер
    пароль
    паспорт
    паспорт США
    пограничный контроль
    политическое убежище
    получение паспорта США
    посольство
    посольство США
    постоянная грин карта
    постоянный житель сша
    разрешение на поездки
    разрешение на работу
    разрешение на работу
    резидент
    скам
    скаммеры
    стартап
    суд
    суд
    США
    туристическая виза
    указ
    указ президента
    условная грин карта
    условный вейвер
    юридическая помощь
    юрист

    Click to set custom HTML

    RSS Feed

Copyright Smal Immigration Law Office. 2005 - 2025. All rights reserved.
Disclaimer: www.law-visa-usa.com/disclaimer.html

​Tel +1-402-210-2040 by appointment only. To schedule a consultation, please use our online scheduler or email at [email protected]
Web Hosting by PowWeb