Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Uniting for Ukraine U4U Update: Program Postponed in January 2025

1/30/2025

Update on Form I-134A

Release Date 01/28/2025

Программа Ю4Ю для Украины временно приостановлена.
Если у вас есть возможность подать на ТПС, это остается лучший вариант для многих украинцев в США.

Due to the Jan. 20, 2025 Executive Order, Securing Our Borders, USCIS is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until we review all categorical parole processes as required by that order.

Read here.

On January 23, 2025, the Department of Homeland Security (DHS) announced a pause of the Uniting for Ukraine (U4U) Parole Program, a special program implemented after Russia’s invasion of Ukraine that permits Ukrainians seeking temporary refuge to travel to and work in the United States.
The DHS directive halts the review and adjudication of both initial and renewal parole applications under the U4U program. While not officially terminated, the directive suggests that DHS will not accept new applications for initial parole periods or renewal (or “reparole”) applications for those seeking to extend their parole in the United States. During an undetermined review period, individuals outside the United States should not expect decisions on pending applications, and those currently in the United States are strongly encouraged to explore alternative options to maintain legal status and work authorization.

The best policy at this time is to avoid International Travel: Foreign nationals with Advance Parole or similar travel authorizations are advised not to leave the United States. Due to heightened scrutiny at ports of entry, travelers risk being denied reentry and may face expedited removal proceedings. Those seeking reentry have reportedly been asked to voluntarily depart or risk detention.

However, recently the CBP posted this update, advising travelers that the old form I-512, Advance Parole, are still acceptable documents for reentry to the United States.

Please see here.
https://www.cbp.gov/sites/default/files/2025-01/executive_order_on_securing_our_borders_20250122.pdf

Мы опубликовали видео про этут тут:

https://youtube.com/shorts/F0jxH2JbUcc?si=9XiLYtcS-LTEsJGY

Summary of the Executive Orders Signed by the President Since January 20, 2025

1/23/2025

Highlights of the New Executive Orders relating to immigration law and policies signed since January 2025.

National Emergency Declaration at the Southern Border
President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity and security.

Designation of Drug Cartels as Foreign Terrorist Organizations
The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

End of Humanitarian Parole Programs
The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

Re-examination of Temporary Protected Status grants to ensure they “are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute”.

Changes to Asylum and Refugee Policies
The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.

Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

Enhanced Interior Enforcement
Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

A measure “ensuring that employment authorization is provided in a manner consistent with [existing employment authorization regulations], and that employment authorization is not provided to any unauthorized alien in the United States.”

A directive to “take all appropriate action. . .to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible.”

Increased use of detention pending removal from the United States.

End Birthright Citizenship
One of the key announcements is the effort to end birthright citizenship. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. It is expected to face legal challenges.

The new Executive Order challenges this historical precedent, and seeks to limit citizenship to children of at least one U.S. citizen or lawful permanent resident (green card holder), regardless of physical presence.
On January 20, 2025, Inauguration Day, President Trump signed an executive order entitled “Protecting the Meaning and Value of American Citizenship”, which interprets the language “subject to the jurisdiction thereof” in the Fourteenth Amendment of the Constitution to mean that U.S. citizenship does not extend to individuals born in the United States:
1. when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth,
2. or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The Executive Order directs agencies not to “issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship” to individuals falling within these categories.

The Executive Order specifies that it applies “only to persons who are born within the United States after 30 days from the date of this order”, after February 19, 2025, and does not explain whether the U.S. citizenship of a child who has already been born to two non-U.S. citizen or LPR parents will continue to be recognized.
Based on the text of the EO, citizenship would also no longer be granted children born to individuals on temporary visas, including employment-based visas. The Executive Order is scheduled to take effect on February 19, 2025, however a legal challenge has already been filed. Other lawsuits are sure to follow, and the executive order may be blocked by federal courts.

Visa applicants and employers can expect to see many of these policies implemented immediately, which may result in processing delays and even possible denials. The Executive Order also directs various agencies to -- within 60 days -- identify countries that may post a security risk and for which a suspension of admission may be warranted. This directive signals a potential return of policies similar to the travel ban that was implemented in 2017 against several countries.

Florida’s Role in Supporting Federal Immigration Goals
Florida has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges
These policies are expected to face legal challenges. Some of them can be declared invalid by the courts.

Some US Consulates Started Offering Limited Visa Services and Applications for Exceptions to Travel Ban

7/23/2020

The US Consulates in Germany and Austria are beginning to offer limited visa services.
It was announced that the US Consulate in Germany will resume limited visa processing on July 20, 2020. At the moment, the Consulate will prioritize services for US citizens and residents of Germany. Third country nationals that do not reside in Germany may not yet apply for a visa. Furthermore, the Consulate also announced that in limited circumstances, travelers may now qualify for a national interest waiver exception to the Presidential Proclamation 9993 which prohibited non-exempt persons from traveling to the US if they spent any time in the Schengen area (and some other countries) within a 14 day period immediately prior to seeking to enter the US.
It is not yet clear which categories will be processed after July 20, 2020, and we are awaiting further clarification. It was announced that Munich will only be processing F/M and J visas (those J visas that are not excluded by one of the later Presidential Proclamations). Students require a current I-20 form that meets all requirements.
Just as encouraging is the announcement that it will now be possible for residents of Germany to apply for a national interest exception or waiver at a Consulate in Germany. Please note that even if one already has a valid visa, it will still be necessary to file an application to obtain an exception from the US Consulate. The following categories of travelers may possibly qualify for a national interest exception:

Public Health: Travel as a public health or healthcare professional or researcher to alleviate the effects of the COVID-19 pandemic, or to continue ongoing research in an area with substantial public health benefit (e.g. cancer or disease research).
Students: All students, and their dependents, traveling to the United States on an F or M visa to pursue a full course of study or on a J visa to participate in an exchange program as a bona fide student.
Academics: All exchange visitors and their dependents traveling to the United States on J visas in the following categories: Professors, Research Scholars, Short Term Scholars, or Specialists.
Investors: Travel in connection with investment or trade in the U.S. economy that generates a substantial economic impact. This can include investors and treaty traders with E visas and certain essential senior-level employees, and their dependents.
Economic: Temporary travel that provides a substantial economic benefit to the U.S. economy, including:
- Technical experts and specialists to travel to the US temporarily to install, service, maintain, or receive training for vessels, machinery and other specialized equipment used by U.S. and foreign firms with a substantial investment in the United States.
- Senior-level managers and executives, and their dependents, who provide strategic direction necessary for the success of the company or venture.
- Professional athletes, dependents, and essential staff who enter the United States to participate in major sporting events, which bolster the U.S. economy.

The U.S. Consulate in Austria has also resumed limited visa processing for citizens and residents of Austria provided that they qualify for a national interest exception. The Consulate in Vienna is now processing E, B, F, M and certain J visas for travelers that would qualify for a national interest exception. Unlike the US Consulate in Germany, the categories for a national interest exception are as stated in the relevant Presidential Proclamation and there is no separate list for possible exceptions.
Some other European Consulates are starting to resume limited visa services.

Immigrant Visa 60-Day Ban Extended to Nonimmigrant Visas to The End of 2020

6/22/2020

On Monday, June 22, 2020, the Trump administration said that it was extending a ban on Immigrant Visas aka "green cards" issued outside the United States until December 31, 2020, and adding many nonimmigrant and work visas to the ban, including those used heavily by technology companies and multinational corporations (H-1B, L) and also H-2B, J-1.

The administration explained this ban a way to free up jobs in an economy reeling from the coronavirus. The ban is in effect since April 23, 2020. Original ban was for 60 days. New ban is valid until December 31, 2020.

The ban on new visas applies to H-1B visas, which are used by major American technology companies, and their immediate families, H-2B visas for nonagricultural seasonal workers, J-1 visas for exchange students and L-1 visas for managers of multinational corporations. There will be exemptions for food processing workers, which make up about 15% of H-2B visas.

The administration is proposing a new way of awarding H-1B visas, which are capped at 85,000 a year. The administration wants to award them by highest salary instead of by lottery.

Text of the June 22, 2020 Proclamation is here.

.........................
Section 1. Continuation of Proclamation 10014. (a) Section 4 of Proclamation 10014 is amended to read as follows:
“Sec. 4. Termination. This proclamation shall expire on December 31, 2020, and may be continued as necessary. Within 30 days of June 24, 2020, and every 60 days thereafter while this proclamation is in effect, the Secretary of Homeland Security shall, in consultation with the Secretary of State and the Secretary of Labor, recommend any modifications as may be necessary.”
(b) This section shall be effective immediately.
Sec. 2. Suspension and Limitation on Entry. The entry into the United States of any alien seeking entry pursuant to any of the following nonimmigrant visas is hereby suspended and limited, subject to section 3 of this proclamation:
(a) an H-1B or H-2B visa, and any alien accompanying or following to join such alien;
(b) a J visa, to the extent the alien is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any alien accompanying or following to join such alien; and
(c) an L visa, and any alien accompanying or following to join such alien.
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.
(b) The suspension and limitation on entry pursuant to section 2 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien who is the spouse or child, as defined in section 101(b)(1) of the INA (8 U.S.C. 1101(b)(1)), of a United States citizen;
(iii) any alien seeking to enter the United States to provide temporary labor or services essential to the United States food supply chain; and
(iv) any alien whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.
..........

Read here.

Here and here.

Brazil Added to the List of Banned Countries Because of COVID19 Effective Date May 28 2020

5/27/2020

The Administration announced an expansion of its COVID-19 travel ban to include those seeking to enter the U.S. from Brazil. The new Proclamation issued on Sunday, May 24, 2020, bars all non-U.S. citizens who have been physically present in Brazil during the 14-day period prior to entering or attempting to enter the United States.

When Does the Brazil Ban Start and How Long Will it Last?

The proclamation’s ban will go into effect at 11:59 PM Eastern Daylight Time (EDT) on May 28, 2020 remain in effect indefinitely until terminated by the President. Prior travel bans have now been in effect for several months and with no official end in sight.

Brazil joins the following countries that are already subject to similar COVID-19 travel bans: China; Iran; the European Schengen area: (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, Switzerland, Monaco, San Marino, Vatican City); the United Kingdom and the Republic of Ireland.

Who is Covered?

The new Brazil proclamation includes several important qualifiers and exemptions. It only extends to “aliens” (non-citizens of the United States), but it includes both immigrants (those coming to stay indefinitely) and nonimmigrants (those coming temporarily).

It bars entry for aliens who have been physically present in Brazil during the 14 days prior to attempting to enter the U.S. That means it does not just bar Brazilian citizens and it would not apply to Brazilian citizens attempting to enter the U.S. after spending two weeks in a non-barred country. In other words, an Indonesian coming to the U.S. from Brazil is barred, but a Brazilian coming directly to the U.S. after 14+ days in Indonesia is free to enter.

The new proclamation does not apply to the following classes:

Lawful permanent residents (aka green card holders), but it does apply to immigrants, meaning it should bar those seeking to enter on immigrant visas to become lawful permanent residents.
The spouse of a U.S. citizen or lawful permanent resident.
The parent or legal guardian of a U.S. citizen or lawful permanent resident as long as the U.S. citizen or lawful permanent resident is unmarried and under 21.
The sibling of a U.S. citizen or lawful permanent resident as long as the U.S. citizen or lawful permanent resident and the sibling are both unmarried and under 21.
The children, foster children, or wards of a U.S. citizen or lawful permanent resident a certain prospective adoptees.
Those invited by the U.S. government to fight the Corona virus.
Those traveling on certain crewman and transit nonimmigrant visas.
Nonimmigrants in most diplomatic statuses.
S. Armed Forces members and their spouses and children.
Those whose entry would not pose a “significant risk” of spreading the virus as determined by HHS and CDC.
Those whose entry would “further important law enforcement objectives” as determined by DOS, DHS, and DOJ.
Those whose entry would be in the U.S. national interest, as determined by DOS and DHS.
In addition, the proclamation should not affect any applicant for asylum and other related humanitarian relief such as Withholding of Removal or protections under the Convention Against Torture.

Green Card Holder Husband's I-130 Petition for Wife and Step-Daughter under 21

5/24/2020

Question/Вопрос:

Здравствуйте! Мой муж иммигрировал в США в декабре 2019 (воссоединение с сыном). В марте 2020 муж подал на воссоединение со мной(женой), и также ,,прицепом" по моей петиции идет моя назамужняя дочь которой 19,5 лет. Официально мы женаты 2 года. Есть ли у нас шанс воссоединиться в свете последних событий, в связи с указом Трампа, могут ли отменить воссоединение с гринкардхолдером, если так, то что будет с теми, кто уже подал петицию І-130? Заранее спасибо за ответ.

Answer/Ответ:

Добрый день!
Я понимаю, что сын вашего мужа американский гражданин. Сын подал петицию на отца, и ваш муж иммигрировал в США в декабре 2019. После получения грин карты он подал одну I-130 петицию на вас, и вы считаете, что ваша дочь включена в эту петицию.
Вашему мужу стоит проконсультироваться с адвокатом по поводу петиции на вашу дочь.
Что касается вашего вопроса об Указе президента и временном приостановлении иммиграции в США, включая вашу визовую категорию.
Этот запрет временный сроком на 60 дней. Когда этот период истечет, он может быть продлен. В любом случае, поданные петиции продолжают рассматриваться USCIS. Запрет на выдачу виз относится к посольствам и консульствам США, и пока является временным.
Всего доброго!
Мой овет опубликован тут

Executive Order Limiting Immigration Effective Date April 23 2020

4/22/2020

On April 22, 2020, President signed the Executive Order limiting immigration. The order applies to those seeking permanent residence (green cards) in the United States and will last for 60 days, at which point it will be reevaluated and potentially extended.

Effective Date. This proclamation is effective at 11:59 p.m. eastern daylight time on April 23, 2020.

The order applies only to foreign nationals outside the United States seeking an immigrant visa or a green card, it doesn't apply to those who applies for adjustment of status.

It applies only to certain immigrant visas.

It includes an exceptions for essential workers, including medical workers, spouses and children of U.S. citizens, and "certain other aliens." The order would not apply to seasonal farm workers, who would seek seasonal guest-worker visas.

Sec. 2. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on entry pursuant to section 1 of this proclamation shall apply only to aliens who:

(i) are outside the United States on the effective date of this proclamation;
(ii) do not have an immigrant visa that is valid on the effective date of this proclamation; and
(iii) do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

(b) The suspension and limitation on entry pursuant to section 1 of this proclamation shall not apply to:
(i) any lawful permanent resident of the United States;
(ii) any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees; and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;
(iii) any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;
(iv) any alien who is the spouse of a United States citizen;
(v) any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;
(vi) any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;
(vii) any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;
(viii) any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or
(ix) any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

As of 11:59 PM on April 23, 2020, the ban blocks the issuance of all new immigrant (permanent) visas to people outside the United States, with some exceptions.

Specifically, the ban applies to:

Parents of U.S. citizens (Immediate Relatives category)
Adult children of U.S. citizens (Family Preference categories)
Spouses and children (regardless of age) of lawful permanent residents.
The diversity visa DV Visa program
All employment-based immigrant visas, except EB-5 investor visas (and except those applying for adjustment of status)
All other immigrant visas, unless specifically exempted.

Who Is Exempted from the Immigration Ban?

The ban does not apply to nonimmigrant (temporary) visas, such as students and H-1B high-skilled workers. It exempts any immigrant abroad who already has an immigrant visa or travel document in hand when it goes into effect. It also makes limited exceptions for:

Spouses and minor children of U.S. citizens, as well as active duty troops and their families.
People seeking EB-5 investor visas.
Iraqi and Afghan translators who helped the U.S. military, as well as their families.
Any person obtaining an employment-based immigrant visa as a doctor, nurse, health care worker, medical researcher, or other job that the Department of Homeland Security determines is essential to combating the coronavirus. Spouse and children of these people are also exempted.
Anyone whose entry as an immigrant is determined to be in the “national interest” or that “furthers important law enforcement objectives.”

The ban also does not affect anyone seeking to gain a green card from inside the United States through “adjustment of status,” which does not require obtaining a visa from outside the country. Refugees, asylum seekers, and those currently holding lawful permanent resident status aren’t affected by the ban, but their ability to petition for family members abroad could be impacted.

How Long Does the Immigration Ban Last?

The ban will last 60 days. However, by the 50th day, the secretary of state is required to recommend to the president whether to extend the ban again.

If the supposed “90-day” Muslim Ban provides any history, this new ban will almost certainly get extended through the end of Trump’s first term in office. If the economy continues to struggle, the president will have an excuse to continue to block new immigrants.

In addition, the ban also requires the secretary of homeland security and the secretary of labor to review all non-immigrant visa programs within 30 days. This suggests that another ban may be in the works.

What Is the Long-term Effect of This Immigration Ban?

Routine visa services at consulates abroad are already suspended due to the coronavirus, so this ban does not change much in the short-term. However, the effect will likely be significant if the ban continues once those consulates reopen.

It is expected that all legal immigration would be cut by 33%.

While U.S.-citizen spouses are not affected, nearly two thirds of parents of U.S. citizens would get blocked. 93% of other family-based immigrants would as well. However, because a vast majority of those who obtain green cards through employment categories do so from inside the United States, employment-based immigration is largely unaffected.

Briefly in Russian:

22 апреля 2020, президент подписал Указ, ограничивающий иммиграцию в США. Про этот указ он впервые сказал в твите в понедельник, два дня назад. Этот указ относится к тем, кто обращается за иммиграционными визами в США и грин картами, но не относится к тем, кто приезжает в США по временным неиммиграционным визам. Дата вступления нового закона в силу 23 апреля 2020, и он останется в силе 60 дней. Этот срок может быть продлен президентом.
Указ относится только к иммиграционным визам через посольство и не относится к получению грин карты в США через USCIS как adjustment of status.

Указ исключает из запрета несколько групп иммигрантов: в том числе, супругов и малолетних неженатых детей американских граждан до 21 года, вречей, медперсонал, тех у кого уже есть в паспорте иммиграционные визы, тех кто приезжает по неиммиграционным визам.

Read it here.

Temporary Travel Restriction on Travelers from China Effective Date Feb 2, 2020

1/31/2020

TEMPORARY TRAVEL RESTRICTIONS - CORONAVIRUS: foreign nationals who visited China during the prior 14-day period.

On January 31, 2020, U.S. Health and Human Services Secretary announced that the United States is temporarily suspending the entry into the United States of foreign nationals who have been in China during the prior 14-day period, as the U.S. government is concerned that anyone who has visited China during the prior two weeks poses a risk of transmitting the 2019 novel coronavirus. In addition, any U.S. citizen who has been in the Hubei Province of China during the 14-day period prior to entering the U.S. will face a mandatory 14-day quarantine upon return to the U.S.

Travel restrictions apply to people:

who are not U.S. citizens nor green card holders nor the spouse or minor child of a U.S. Citizen or Permanent Resident
and
are currently outside of the U.S. and have traveled to China while they have been outside of the U.S. or are still in China

For example:

If an employee on an H-1B visa departed the U.S. last week and travled to Paris, then China and is now in Singapore, he/she will not be able to return to the U.S. during the restriction.
If an F-1 student departed straight to China and is still there, he/she will not be able to return to the U.S. during the restriction.

If one is in China but is married to a U.S. Citizen or Lawful Permanent Resident – he/she can return to the U.S. as they are considered the immediate relative of a U.S. citizen/U.S. Permanent Resident. Although allowed to enter the U.S., if the re-entry is on or after February 2,, 2020, he/she will be quarantined for up to 14 days by the government if returning from the Hubei Province. If returning from anywhere else in China on or after February 2, 2020, he/she will be proactively screened, subject to monitoring and will be on self-quarantine for up to 14 days.

A U.S. Citizen or Lawful Permanent resident will be allowed to return to the U.S. but if the re-entry is on or after February 2, 2020, the same quarantine rules apply.

Read here.

Travel Ban Extended to Six Additional Countries on Jan 31, 2020

1/31/2020

TRAVEL BAN:EXTENDED:

On January 31, 2020, President Trump issued a new Proclamation extending the “travel ban” to six additional countries. This new travel ban prevents citizens of Eritrea, Kyrgyzstan, Myanmar (Burma), Nigeria, from pursuing immigrant (employment-based, family-based, Diversity Visa-based immigrants) visas except Special Immigrants whose eligibility is based on having provided assistance to the United States Government. The travel ban also restricts citizens of Sudan and Tanzania but only from the Diversity Visa (“DV Lottery”) immigrant visa. The new travel ban will take effect on February 21, 2020.

Belarus is not on the list (it was the seventh country in the original draft, according to media reports)

Who is exempt from the New Expanded Travel Ban?

Lawful permanent residents (green card holders) and United States Citizens
Foreign nationals admitted or paroled to the United States on or after the effective date
Foreign nationals with travel documents that are not visas that are valid before or issued after the effective date
Dual nationals traveling on a passport that is not one of the affected countries
Those traveling on a diplomatic or related visa
Foreign nationals who have already been granted asylum, refugees who have already been granted admittance, and those who have been granted withholding of removal, advanced parole, or protections under the Convention Against Torture

Who is eligible for a waiver under the New Expanded Travel Ban?

In order to obtain a waiver, an immigrant visa applicant must demonstrate:
undue hardship if entry were denied
entry would not pose a threat to national security, and
entry is in the national interest. The decision of a consular officer to grant or deny a waiver is discretionary.

Read here.

New Public Charge Requirements in Effect on February 24, 2020

1/31/2020

ALERT: Effective February 24, 2020, USCIS will implement the Inadmissibility on Public Charge Grounds final rule, except in Illinois, where the rule remains enjoined by a federal court as of Jan 31, 2020. DHS has sought a stay of this injunction from the U.S. Court of Appeals for the Seventh Circuit in light of the Supreme Court decision to stay the last nationwide injunctions. USCIS will provide additional guidance if the injunction in Illinois is lifted.

The final rule will apply only to applications and petitions postmarked (or if applicable, submitted electronically) on or after Feb. 24, 2020. For applications and petitions sent by commercial courier (such as UPS, FedEx, and DHL), the postmark date is the date reflected on the courier receipt.

When determining whether an alien is likely to become a public charge at any time in the future, DHS will NOT consider an alien’s application for, certification or approval to receive, or receipt of certain non-cash public benefits BEFORE Feb. 24, 2020. Similarly, when determining whether the public benefits condition applies to applications or petitions for extension of stay or change of status, USCIS will only consider public benefits received on or after Feb. 24, 2020.

USCIS will post updated forms and submission instructions to the USCIS website during the week of Feb. 3 to give applicants, petitioners, and others time to review updated procedures and adjust filing methods. After Feb. 24, except in Illinois, USCIS will reject prior editions of forms if the form is postmarked on or after Feb. 24, 2020. If USCIS receives an application or petition for benefits using an incorrect edition of the forms, the petitioner or alien will need to submit a new application or petition.

DHS remains enjoined from implementing the final rule in Illinois. If the injunction in Illinois is lifted, USCIS will provide additional public guidance.

https://www.uscis.gov/i-864

Public Charge Toolkit.

Judge ruled: DACA must be fully restored

8/6/2018

On August 3, 2018, a federal judge ruled that the government must fully restore the Deferred Action for Childhood Arrivals or DACA program, saying that the government's rationale for dropping it is inadequate. The government has 20 days to appeal. If not, DACA will have to be fully implemented on August 23 2018. The court order is linked below.

Briefly in Russian:

3 августа 2018 федеральный судья принял решение, что правительство должно полностью восстановить федеральную программу ДАКА, которая защищала от депортации молодежь, которых в детском возрасте привезли в США и с тех пор они живут в США без статуса. Программа была отменена указом президента в сентябре 2017 г. Если правительство не подаст аппеляционную жалобу до 23 августа 2018, то решение судьи вступит в законную силу 23 августа.

Court order if here.

List of Countries Subject to Travel Ban Was Updated: Chad Removed

4/14/2018

Effective April 13, 2018, the list of countries subject to travel ban has been updated. Follow the link to see updated table of countries whose nationals are currently ineligible for various kinds of visas under presidential proclamation Visitors visas and Immigrants Visas, including DV Lottery visas).

On April 10, a new Presidential Proclamation was issued which amended P.P. 9645 of September 24, 2017.
The new P.P. removed the visa restrictions imposed on nationals of Chad by the previous September 2017 proclamation. This change is effective at 12:01 a.m. EST on April 13, 2018.

All other visa restrictions outlined in P.P. 9645 remain in effect. (On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia.

Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 2018.

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

See more here.

DACA Renewals Can Be Submitted: Judge Temporary Reopens DACA Program

1/10/2018

On January 9, 2018, a federal judge in San Francisco, CA temporarily blocked the Trump administration from ending the Deferred Action for Childhood Arrivals (DACA) program that protects certain immigrants from deportation. The decision applies NATIONWIDE.

Judge said the Obama-era program must remain in place while litigation over Trump’s decision to end the program is pending. In a court ruling, Judge W. Alsup said the Department of Homeland Security's "decision to rescind DACA was based on a flawed legal premise."

Judge ordered USCIS to publish new DACA renewal instructions on their website, and start accepting applications.

As a result of this court ruling, DACA grantees can renew expired DACA, but can't file a new DACA.
(1) DACA recipients who failed to renew their status by the last year’s deadline can submit renewal applications. It is better to wait for the instructions from USCIS, to avoid any possible erroneous denial or rejection by a USCIS employees.
(2) The decision does not, however, allow new applications to be submitted.

Read an advisory here.

In Russian:

9 января 2018 федеральный судья вынес решение о том, что президент превысил свои полномочия, когда 5 сентября 2017 отменил иммиграционную программу ДАКА / DACA для молодежи, кого привезли в США в детстве и кто вырос в США, но не имеет ни грин карты, ни гражданства.

Судья приказал Департаменту госбезопасности (DHS - USCIS) опубликовать инструкции и порядок подачи заявлений на продление ДАКА статуса и получение разрешения на работу через ДАКА. Судья приказал USCIS начать прием заявлений немедленно, и опубликовать новые инструкции.

Лучше всего будет дождаться выхода официальных инструкций на вебсайте USCIS, скорее всего на следующей неделе, чтобы избежать ошибочного отказа. Хотя некоторые адвокаты советуют, что подавать заявление можно уже сейчас, так как судья временно приостановил действие указа президента в отношении DACA, и приказал USCIS игнорировать решение от отмене DACA как незаконное, и возобновить прием заявлений.

Что можно -- подать заявление на продление - DACA renewal.
Что нельзя -- подать новое заявление (new DACA application), или заявление на advance parole (travel document).

Travel Ban Guidance From the Dept of State Following Dec 4 2017 US Supreme Court Ruling

12/8/2017

On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia. Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 at open of business, local time.

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

US Dept of State: travel ban CHART.

.".. We will not cancel previously scheduled visa application appointments. In accordance with the Presidential Proclamation, for nationals of the eight designated countries, a consular officer will make a determination whether an applicant otherwise eligible for a visa is exempt from the Proclamation or, if not, may be eligible for a waiver under the Proclamation and therefore issued a visa.

No visas will be revoked pursuant to the Proclamation. Individuals subject to the Proclamation who possess a valid visa or valid travel document generally will be permitted to travel to the United States, irrespective of when the visa was issued".

Questions and Answers:

Q: I am currently working on my case with NVC. Can I continue?Yes. You should continue to pay fees, complete your Form DS-260 immigrant visa applications, and submit your financial and civil supporting documents to NVC. NVC will continue reviewing cases and scheduling visa interviews overseas. During the interview, a consular officer will carefully review the case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or may qualify for a waiver.

Q: What immigrant visa classes are subject to the Proclamation?
All immigrant visa classifications for nationals of Chad, Iran, Libya, North Korea, Syria, Yemen, and Somalia are subject to the Proclamation and restricted. All immigrant visa classifications for nationals of Venezuela are unrestricted. An individual who wishes to apply for an immigrant visa should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for an exception or waiver per the Proclamation. A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or a waiver.

Q: Are there special rules for permanent residents of Canada?
Waivers may not be granted categorically to any group of nationals of the eight countries who are subject to visa restrictions pursuant to the Proclamation, but waivers may be appropriate in individual circumstances, on a case-by-case basis. The Proclamation lists several circumstances in which case-by-case waivers may be appropriate. That list includes foreign nationals who are Canadian permanent residents who apply for visas at a U.S. consular section in Canada. Canadian permanent residents should bring proof of their status to a consular officer.
A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation during each phase of the implementation and, if so, whether the applicant qualifies for an exception or a waiver.

Q: I received my Diversity Visa (visa through the annual Green Card Lottery) but I haven’t yet entered the United States. Can I still travel there using my Diversity Visa?
The Proclamation provides specifically that no visas issued before the effective date of the Proclamation will be revoked pursuant to the Proclamation, and it does not apply to nationals of affected countries who have valid visas on the date it becomes effective.

Q: I recently had my Diversity Visa interview at a U.S. embassy or consulate overseas, but my case is still being considered. What will happen now?
If your visa application was refused under Section 221(g) pending updated supporting documents or administrative processing, please provide the requested information. The U.S. embassy or consulate where you were interviewed will contact you with more information.

Q: Will my case move to the back of the line for an appointment?
No. KCC schedules appointments by Lottery Rank Number. When KCC is able to schedule your visa interview, you will receive an appointment before cases with higher Lottery Rank Numbers.

Q: I am currently working on my case with KCC. Can I continue?
Yes. You should continue to complete your Form DS-260 immigrant visa application. KCC will continue reviewing cases and can qualify your case for an appointment. You will be notified about the scheduling of a visa interview.

Q: What if my spouse or child is a national of one of the countries listed, but I am not?
KCC will continue to schedule new DV interview appointments for nationals of the affected countries. A national of any of those countries applying as a principal or derivative DV applicant should disclose during the visa interview any information that might qualify the individual for a waiver/exception. Note that DV 2018 visas, including derivative visas, can only be issued during the program year, which ends September 30, 2018, and only if visa numbers remain available. There is no guarantee a visa will be available in the future for your derivative spouse or child.

Q: What if I am a dual national or permanent resident of Canada?
This Proclamation does not restrict the travel of dual nationals, so long as they are traveling on the passport of a non-designated country. You may apply for a DV using the passport of a non-designated country even if you selected the nationality of a designated country when you entered the lottery. Also, permanent residents of Canada applying for DVs in Montreal may be eligible for a waiver per the Proclamation, but will be considered on a case-by-case basis. If you believe one of these exceptions, or a waiver included in the Proclamation, applies to you and your otherwise current DV case has not been scheduled for interview, contact the U.S. embassy or consulate where your interview will take place/KCC at [email protected].

Employment-based Adjustment of Status Interviews Update

12/7/2017

On August 28, 2017, USCIS had announced a new policy (effective date 10/02/2017) requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent resident status.

Prior to this change, which went into effect on October 2, 2017, USCIS required interviews in only 5 to 10 percent of all employment-based adjustment cases.

The new policy applies to all Form I-485 adjustment of status applications filed on or after March 6, 2017, where the underlying immigrant petition is an employment-based Form I-140 (EB-1, EB-2, and EB-3). The USCIS has indicated that adjustment cases filed prior to March 6, 2017, will be adjudicated in accordance with previous procedures.

Because thousands of extra interviews will be conducted annually, there will be additional delays in the processing of these employment-based adjustment applications. USCIS has estimated that these applications will ultimately account for approximately 17 percent of the USCIS’s entire field operations workload. As a result, the change will impact the processing times for all other types of USCIS filings, such as family-based adjustment applications and naturalization cases.

What Should the Applicant Expect at the Interview? (based on the stats for October-November 2017)
The applicant could be asked about almost anything.

Any information provided on the Form I-485 (review the copy of the form I-485, and be prepared to answer questions).
Issues relating to the applicant’s eligibility or admissibility, such as any arrests or misrepresentations made to an immigration officer (talk to your attorney if you ever had a DUI, arrests, domestic violence protection order filed against you, charges that were later dismissed, convictions, lied on the application, worked without authorization, etc).
The applicant’s entire immigration history, particularly whether the applicant has properly maintained his non-immigrant status (if you worked without authorization while in a student status, etc)
Family members applying as derivative to the employment-based principal applicant should anticipate questions about their relationship to the principal and the bona fides of that relationship (similar to a family-based green card interview).

If the field officer conducting the interview is not satisfied with an applicant’s answers and believes that an applicant is not eligible for adjustment, the Form I-485 can be denied, or a RFE (request for evidence) could be sent, or NOID (notice of intent to deny) could be issued.

Will the Field Officer Re-Adjudicate the Form I-140? USCIS has said that the interviewing field officers have been instructed not to re-adjudicate the underlying Form I-140. However, the agency has also made clear that the officers will be charged with assessing the validity of the documents used to approve the Form I-140 petition to ensure that the supporting evidence was accurate and credible. If the officer determines that that evidence is not credible, he can recommend that the Form I-140 be revoked by the service center that originally issued the approval (officer can send I-140 for revocation back to USCIS Service Center which originally approved the petition).

It is important that the applicant understands the basis for the Form I-140 petition and be prepared to articulate at the interview how his employment qualified for approval. The applicant should review the Form I-140 petition and any underlying PERM application in advance and address any tricky issues with the employer or counsel. The applicant will almost certainly be questioned about the job for which he was sponsored as well as about his own educational background and work experience. This new requirement could present a challenge because I-140 is an employer's petition, and applicants don't usually have an access to the form I-140, PERM, etc.

An attorney can prepare the applicant on what to expect during the interview, and coordinate with the employer and the applicant to make sure that the applicant takes the appropriate documentation to the interview, knows what I-140 and PERM was about, has a copy of his I-485 form, has clean criminal record and no status violations, etc. The adjustment of status interview notices that are currently being sent to applicants are generic and confusing because they include a list of the documents that do not even apply in employment-based cases.

Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban.

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending. The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen.

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
Does not apply to:
- Lawful permanent residents (green card holders);
- Individuals admitted or paroled into the U.S. on or after the effective date;
- Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals granted asylum;
- Refugees already admitted to the U.S.; or
- Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

Iran
- Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
- Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
Libya
- Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
Somalia
- Effective immediately, immigrant visas are suspended for Somali nationals
- Non-immigrant visas are permitted, subjected to heightened screening.
- The bona fide relationship exemption ends October 18, 2017.
Syria
- Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
Sudan
- Sudan was removed from the list of restricted countries in MB-4.
- Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
Yemen
- Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

Newly Impacted Countries (Added):

Chad
- All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
North Korea
- All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
Venezuela
- The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
- Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver. Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

denying entry to the U.S. would cause the foreign national undue hardship;
admission would not pose a threat to the national security or public safety of the United States;
entry would be in the U.S. national interest.

Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk.

Ninth Circuit Court of Appeals Partially Approves Travel Ban 3.0, Bona Fide Relationship Test

11/16/2017

The Ninth Circuit Court of Appeals has ruled to partially uphold President's third attempt on a travel ban, so called Muslim Ban or Travel Ban 3.0.

Ruling on the injunction issued by the District Court in Hawaii that temporarily blocked the enforcement of the new ban, the Ninth Circuit held that the travel ban could go into effect, except with regard to people with a “bona fide relationship” with close family or with an entity in the U.S., such as an employer or a university. This standard was borrowed from the Supreme Court’s June 2017 decision on a previous travel ban.

Individuals from six countries (Chad, Iran, Libya, Somalia, Syria, and Yemen) may be banned from entry, unless they have a bona fide relationship with a U.S. family member or entity.

The Ninth Circuit decided that in addition to parents, spouses, and children living in the U.S., bona fide relationships could extend to grandparents, grandchildren, cousins, aunts, uncles, and brothers- or sisters-in-law. Entity relationships must be “formal, documented, and formed in the ordinary course,” including universities, businesses, and other institutions.

The travel bans on North Korea and Venezuela were not included in the original suit brought before the Hawaii District Court. Travel of immigrants or nonimmigrants from North Korea and Venezuela remains suspended (all travel for North Korea and entry in tourist or business visitor status remains suspended for officials of certain Venezuelan government agencies and their immediate family members).

The court ruling is here.

Omaha, Nebraska City Council Supports DACA and Dreamers

10/17/2017

The Omaha City Council (Omaha, Nebraska) approved a resolution today, on October 17, 2017, urging the U.S. Congress to act swiftly to protect "Dreamers", students protected by DACA (Deferred Action for Childhood Arrivals program).

The vote was 5-0, with two council members not voting.

Nebraska Republican Congressman Don Bacon submitted a letter in support of the resolution, saying he is committed to protecting law-abiding DACA youth from deportation.

This is good news for Omaha area DACA protected young people whose protection is set to expire on March 6, 2018, six months after September 6, 2017 announcement by the White House of their rescission of DACA program.

Briefly in Russian:

Городской совет города Омаха штата Небраска единогласно проголосовал сегодня за то, чтобы ходатайствовать Конгресс США о восстановлении недавно отмененной программы DACA, которая предоставляла защиту от депортации, разрешение на работу, номер соцстрахования, возможность получить водительские права молодежи, которые называются "Мечтатели", Dreamers. Президент отменил эту программу 6 сентября 2017, и дата закрытия программы 6 марта 2018.

Это хорошие новости для молодежи в городе Омаха, у которых был или есть статус DACA.

#DACA #Dreamers #Nebraska #Omaha

Read here.

Federal Judge Blocks Muslim Ban 3.0, Except North Korea and Venezuela

10/17/2017

Federal Judge's order put a temporary injunction on a so called Muslim Ban 3.0 #MuslimBan3 (Travel Ban) with respect to all the countries except North Korea and Venezuela.

It means that citizens of Syria, Libya, Iran, Yemen, Chad, Somalia are no longer subject to the ban (at least while the judge's order is valid and wasn't overruled).

Only citizens of North Korea and Venezuela remain subject to this renewed travel ban signed by the president in September.

The decision from U.S. District Judge Derrick K. Watson in Hawaii will be appealed by the government, but for now, it means that the White House administration cannot ban the entry of travelers from six of the eight banned countries. This is good news for more than 150 million people, nationals of the six countries.

#ExecutiveOrder #MuslimBan #TravelBan

Read more here.

White House New Immigration Policy Priorities

10/13/2017

On October 8, 2017, the White House released a list of immigration priorities addressing border security, interior enforcement, and a merit-based immigration system.

The priority list calls for the hiring of 10,000 ICE agents, 300 federal prosecutors, 370 immigration judges and 1,000 ICE attorneys.

The Department of Homeland Security would be authorized to raise and collect fees from visa services and border crossings to fund border security and enforcement activities.

The border security measures include funding the southern border wall, ending the abuse of the asylum system, discouraging illegal re-entry by enhancing penalties and expanding categories of inadmissibility, and improving expedited removal of undocumented immigrants.

Making E-Verify mandatory, putting an end to sanctuary cities by authorizing and incentivizing states and localities to help enforce federal immigration laws, and improving visa security (which was recently declared unconstitutional by a federal judge).

With regards to the merit-based immigration system, the White House's priority list reiterates what was previously announced on August 2, 2017, when President Trump unveiled the revised RAISE Act (Reforming American Immigration for Strong Employment). This law would reduce the number of eligible family-based green cards and create a new point-based system for awarding green cards.

Specifically, the RAISE Act would establish a 30-point threshold for green cards, awarding an applicant higher point totals for higher-salaried jobs, professional degrees, English-speaking ability, younger applicant age, higher future salary, extraordinary achievements, and an applicant’s investing $1.35 million or more in the United States.

Some of these new immigration priorities were previously announced in the form of President's executive orders, proclamations and memos:

January 23, 2017 EO: Protecting American Jobs and Workers by Strengthening the Integrity of Foreign Worker Visa Programs
January 25, 2017 executive orders: Enhancing Public Safety in the Interior of the United States and the Border Security and Immigration Enforcement Improvements
February 20, 2017 memo: Implementing the President's Border Security and Immigration Enforcement Improvement Policies
March 6, 2017 EO: Protecting the Nation from Foreign Terrorist Entry into the United States
March 6, 2017 Memo: Implementing Immediate Heightened Screening and Vetting of Applications for Visas and Other Immigration Benefits, Ensuring Enforcement of All Laws for Entry into the United States, and Increasing Transparency Among Departments and Agencies of the Federal Government and for the American People
April 18, 2017 EO: Buy American and Hire American
September 24, 2017 presidential proclamation: Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats

If these priorities/proposals will become law, what does this mean for employers/employees?

Employers will face higher costs in sponsoring foreign workers for visas, and for the employees it will become increasingly difficult to meet a high point-based system threshold in order to obtain a green card.
There will be additional delays in visa issuance due to the additional screening required. There will be litigation, and not all of the priorities will become the law.

California Became a First Sanctuary State: Offered Protection to Undocumented Immigrants

10/10/2017

On October 5, 2017, California officially became a first sanctuary state in the nation.

California Governor signed into law nearly several immigration bills, which prohibits California employers from cooperating with federal immigration authorities in the absence of a judicial warrant or court order.

For example:

Prohibits employers from voluntarily consenting to an immigration enforcement agent’s entering nonpublic areas of the workplace without a warrant;
Prohibits employers from voluntarily consenting to an immigration enforcement agent’s accessing, reviewing or obtaining employment records without a subpoena or court order;
Prohibits employers from reverifying the employment eligibility of a current employee at a time or in a manner not required by federal law; and
Requires employers to provide notice to current employees of an inspection of I-9 forms and other employment records by an immigration agency within 72 hours of receiving the federal notice of inspection.

Penalties for failure to comply with the new law range from $2,000 to $10,000 per violation.

AB 450 can be found here.

Employment-Based Adjustment of Status Interviews: New Interview Requirement Effective October 2, 2017

10/10/2017

On September 28, 2017, the USCIS Office of the Ombudsman hosted a teleconference call that offered more details about the new personal interview requirements for employment-based adjustment of status applicants.

USCIS confirmed that only cases filed before March 6, 2017 will be adjudicated by the USCIS Service Centers (not local offices) under prior procedures without requiring an interview.

The new interview requirement is being rolled out nationwide, with interviews starting on October 2, 2017 due to President's March 6th 2017 Executive Order.

Each family member, including children, will be asked to appear at a USCIS local office for an interview.

USCIS indicated it might consider waiving appearances for children under age 14. Each applicant must appear for screening and questioning concerning the underlying immigrant petition (I-140 Petition), which would have adjudicated prior to forwarding to the local offices for adjustment of status interviews.

USCIS said that adjudicating officers may still question the bona fides and validity of the underlying I-140 petition, even if approved, maintenance of lawful status in the U.S, job portability issues, in addition to newly implemented security features.

In Russian:

Как следует из Указа Президента от 6 марта 2017 г, USCIS Иммиграционная Служба США уже 2 октября 2017 начала назначать интервью на грин карту для тех категорий заявителей, которые ранее не вызывались на интервью, а именно, в области рабочей иммиграции (или иммиграции через работодателя).

В ходе телеконференции 28 сентября, сотрудники USCIS объяснили некоторые детали:

- заявления поданные ДО 6 марта 2017 будут утверждены БЕЗ интервью.
- заявлениа поданные ПОСЛЕ 6 марта 2017 будут требовать интервью.
- дети тоже будут приглашаться на интервью
- USCIS оставляет за собой право не вызывать на интервью детей младше 14 лет
- по новой процедуре петиция работодателя, I-140, будет утверждаться в Service Center, и только заявление на грин карту, I-485, будет рассматриваться офицером в местном офисе, НО этот офицер будет иметь право задавать вопросы по уже утвержденной петиции, в том числе, касающиеся таких моментов как предложение от работодателя о постоянном трудоустройстве, все предыдущие смены работодателя, поддержание легального статуса всеми членами семьи и отсутствие нарушений иммиграционного законодательства (например, работа без разрешения), а также новые требования к национальной безопасности.

USCIS August 28th announcement.

Travel Ban 3.0 or Muslim Ban Revised: Presidential Proclamation September 24 2017

9/28/2017

On September 24, 2017, the White House issued a Presidential Proclamation which replaced expiring portions of the President's March 6, 2017 Executive Order, Travel Ban 2.0, and expanded the list of the banned countries to eight.

The following eight countries are now subject to travel restrictions (travel ban): Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia.

There was no clear explanation why the U.S. ally in Africa, Chad, was added to the list of the banned countries.

Iraq and Sudan were removed from the travel ban list, but the Proclamation Travel Ban recommends “additional scrutiny” for nationals of Iraq and Sudan.

This travel ban applies differently to citizens of different banned countries:

** Citizens of North Korea are barred from all types of immigrant and nonimmigrant entry into the United States;

** Citizens of Chad are only barred from entering on immigrant visas and on non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas; and

** Citizens of Iran are barred in all immigrant and nonimmigrant categories except for student (F and M) and exchange visitor (J) visas. Therefore, it is expected that visa issuance and entry in categories not subject to the ban will continue uninterrupted.

The Proclamation Travel Ban goes into effect on different dates for different countries.

For foreign nationals already subject to the Travel Ban 2.0 and who do not have a bona fide relationship with a person or entity in the US, the restrictions in the Proclamation Travel Ban went into effect immediately on September 24, 2017. For all nationals of the recently added countries, travel ban will apply on October 18, 2017.

Effective October 18, 2017, the proclamation appears to get rid of the “bona fide relationship” protection implemented by the Supreme Court under its temporary ruling on the EO Travel Ban 2.0, which exempted travelers with certain qualifying family and employment relationships in the US. Most likely, this issue will be litigated again.

Contrary to the Travel Ban 2.0, the new Proclamation Travel Ban has no expiration date. Government agencies will be presenting reports every 180 days, and the Travel Ban 3.0 can be revised based on the reports and recommendations.

Additional countries may be added in the future.

Countries may be removed if they are recommended for removal by the DHS, in consultation with US Department of State and other relevant US agencies.

The new Proclamation Travel Ban 3.0 does not apply to certain categories of travelers:

Lawful permanent residents..
Travelers who already hold a valid US visa.
Dual citizens of the designated (banned) countries who are traveling on the passport of a non-designated country.
People already granted asylum in the US or admitted to the US in refugee status, and those already granted withholding of removal, advance parole, or protection under the Convention Against Torture.
People traveling with a document other than a visa valid on the effective date (for example, an advance parole document) that permits them to travel to the USA .
Holders of diplomatic visas, NATA visas, UN C-2 visas, G-1, G-2, G-3, and G-4 visas;

A case-by-case waiver may be issued by consular and border officers when determined to be appropriate. The waiver grant guidance is expected to be released soon by the US Department of State. The waiver guidance will consider the US national interest and potential security risks for each individual, among other categories.

Full test of the Presidential Proclamation is here.

Rescission of DACA Deferred Action for Childhood Arrivals Immigration Program: Sep 5 2017

9/5/2017

On September 5, 2017, on behalf of the President and current White House administration, the U.S. Attorney General formally announced the end by rescission of the 2012 immigration deferred action program known as Deferred Action for Childhood Arrivals ("DACA").

DACA did not confer any legal immigration status nor it was a path to the U.S. citizenship. DACA provided protection from deportation and work permits and advance parole/travel documents to approximately 800,000 young, undocumented immigrants brought to the U.S. as children from deportation and provided them with legal work authorization. his is disheartening to youth who have contributed so much both economically and culturally.

The U.S. Department of Homeland Security ("DHS") and USCIS will stop processing any initial DACA accepted at the USCIS office after September 5, 2017.

Any applications already accepted by this date will be processed. DHS/USCIS indicated that current beneficiaries of DACA will not be impacted before March 5, 2018, so "Congress can have time to deliver on appropriate legislative solutions."

DHS has also announced that it plans to continue to accept DACA renewal applications for any DACA beneficiary whose status expires between September 5, 2017 and March 5, 2018, so long as these applications are accepted by October 5, 2017. Any applications received after October 5 will be rejected.

Note: if your DACA work permit expires after March 5th 2018, you will not be able to renew it for additional two years, as those who can apply to renew IF their work permit expires before March 5th 2018.

In addition, DACA recipients whose valid employment authorization document is lost, stolen or destroyed may still request a replacement through the normal process.

Important: USCIS will no longer adjudicate advance parole request associated with DACA, any applications for advance parole that are currently pending will be administratively closed and filing fees refunded.

US Citizenship and Immigration Services says that information provided in support of the application will not be proactively provided to Immigration and customs Enforcement (ICE) or to Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE. However, a DHS spokesman stated that if Congress does not act, then DACA beneficiaries would be treated as any other person who is in the country illegally, and therefore, subject to deportation or removal.

Additionally, all of the information provided to the government by DACA applicants will remain in the DHS system.

DHS has provided a Frequency Asked Questions webpage .

Briefly in Russian:

5 сентября 2017 Генеральный прокурор США заявил об окончании федеральной программы ДАКА, которая вступила в силу в 2012 году во время предыдущей администрации. По этой программе около 800,000 молодых людей получили разрешение на работу, поездки за границу и временную защиту от депортации.

ДАКА заявления поданные до 5 сентября 2017 будут рассмотрены, и утверждены, если соответствуют требованиям программы.

Заявления на продление разрешения на работу, находящиеся на рассмотрении на 5 сентября 2017, также будут рассмотрены.

Заявления на продление разрешения на работу, которое истекает между 5 сентября 2017 и 5 марта 2018, будут приняты и рассмотрены, если заявление на продление получено в иммиграционной службе ДО 5 октября 2017. То есть остался только месяц!

Помните, что если ваше разрешение на работу истекает после 5 марта 2018, вы уже не сможете его продлить на два года, как те, у кого они истекает до 5 марта 2018.

Заявления на разрешение на поездки за границу (advance parole) рассматриваться и утверждаться не будет.

Правительство заявило, что информация о молодых людях, подавших заявление ДАКА, не будет передаваться в соответствующие органы на депортацию (пока), но в будущем, если Конгресс не примет нового закона о защите иммигрантской молодежи, иммиграционная служба будет рекомендовать их на депортацию, так же как и всех других категорий лиц, проживающих в США нелегально.

Вопросы и ответы можно почитать тут.

What do you need to know if DACA program ends?

8/29/2017

What do you need to know if DACA deferred action program ends? Will you be able to continue to use your EAD, work permit, SSN, driver's license, return to the U.S. from abroad on an advance parole/travel document?

ILRC had published a brief Advisory in English here.

In Russian:

Что произойдет, когда программа ДАКА будет закрыта? Сможете ли вы по прежнему пользоваться своим разрешением на работу, карточкой соц страхования, водительскими правами? Сможете ли вы вернуться в США по документу адванс пароль? Краткое описание на английском тут.