Category: Uncategorized

On January 20, 2025, just hours after the inauguration, President Donald Trump took action on immigration with a series of executive orders that signal a dramatic shift in U.S. border policy and enforcement. The most significant of these measures is the declaration of a national emergency at the southern border, which the President framed as an “invasion” of individuals attempting to enter the U.S. unlawfully. This emergency declaration allows for the use of U.S. Armed Forces to assist in border enforcement, providing an aggressive response to what the administration perceives as a growing threat to national security.

In addition to this national emergency declaration, the Trump administration has moved swiftly to prevent entry at the southern border for those seeking asylum or those it deems to be “invaders”. The new policy aims to block asylum seekers from entering the U.S., reversing previous practices that allowed them to cross the border and await hearings. Instead, the administration has reinstated the “Remain in Mexico” policy, requiring asylum seekers to stay in Mexico while awaiting their U.S. immigration hearings. This approach is designed to deter individuals from attempting to enter the country through the southern border, and it complements the administration’s broader strategy to secure the U.S.-Mexico border.

One of the most controversial measures included in the executive actions is a proposed change to the longstanding practice of birthright citizenship. Under the new policy, children born in the U.S. on or after February 19, 2025, will only be granted citizenship if at least one parent is a lawful permanent resident or U.S. citizen. This marks a significant departure from the current interpretation of the 14th Amendment, which has traditionally conferred citizenship on all children born on U.S. soil, regardless of their parents’ immigration status. Lawsuits challenging this executive order have already been filed.

The executive orders also target broader immigration enforcement, including the revocation of policies from the previous administration that allowed for prosecutorial discretion in certain immigration cases. Under the new directives, the Trump administration will prioritize the prosecution of criminal offenses related to unauthorized entry or unlawful presence. Additionally, the administration plans to expand the use of 287(g) agreements, which enable local and state authorities to assist in the enforcement of federal immigration laws, thereby extending the reach of immigration enforcement at the local level. For those jurisdictions that would rather opt out of this cooperation and dub themselves as “sanctuary cities”, the executive orders seek to enforce penalties by withholding certain federal funds.

Other key provisions include expanded detention practices, with a focus on holding individuals in custody until they can be removed from the U.S. The administration has also proposed the creation of a visa bond system, which would require certain immigrants to post a bond to guarantee their departure from the country when required. On the issue of Temporary Protected Status (TPS), Trump seeks to limit the scope and duration of these protections, ensuring they are only granted for as long as necessary to address the immediate needs in affected countries.

Together, these executive actions represent a decisive and enforcement-heavy approach to immigration policy, one that seeks to drastically limit immigration benefits and tighten border security. With a focus on physical barriers, expanded detention, and restrictions on entry, the Trump administration is pushing for a more restrictive immigration system that is likely to face legal challenges and intense public debate as it moves forward.

Deferred Action for Labor Enforcement (DALE) is a program designed to protect immigrant workers who report labor violations, such as wage theft or unsafe working conditions. This program provides temporary protection from deportation and a work permit, encouraging workers to speak up without fear of immigration consequences.

Application Process

Applying for DALE involves submitting a request through a specific U.S. Citizenship and Immigration Services (USCIS) process. Workers can initiate the application by requesting a Statement of Interest (SOI) from the appropriate labor agency and then filing that SOI along with Forms G-325A and I-765 to USCIS. Applicants must attend a biometrics appointment while the application process is ongoing, and will generally receive a decision within four to six months.

Validity of Work Permits

Once approved, DALE offers a work permit that typically lasts for four years. It previously was only issued for two years, but in July of 2024, the duration of the work permit was extended to a full four years. This permit allows workers to be legally employed in the United States during this period. In some instances, the protections can be extended, especially if the worker continues to be involved in labor enforcement efforts or if the conditions warrant further protection. If you previously applied for DALE and were only given a two-year work permit card, you may be eligible to extend your work permit for an additional two years.

Support and Accessibility

DALE does not impose criminal bars, meaning that a wide range of workers, including those with past minor offenses, can apply for this protection. This broad accessibility is crucial for encouraging more workers to report labor violations without fearing retaliation in the form of deportation. However, if you do have any prior immigration or criminal violations, it is advisable to consult with an attorney about the risks associated with any application prior to filing for these benefits.

Last Updated: 7.29.2024 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

On June 18 2024, President Biden announced a presidential extension of the program known as “Parole in Place”. The purpose of this parole program is to allow persons that are already in the United States but who entered illegally to seek a lawful entry without having to ever leave the United States. Most popularly used by family of U.S. military members, Biden is now extending it to the spouses of U.S. citizens and their children.

Traditionally, if the spouse of a U.S. citizen entered the United States illegally, they must seek a hardship waiver and further processing of an immigrant visa for a green card (lawful permanent residency) outside of the United States, often necessitating long periods of time outside of the United States, separated from their families. Biden’s announcement is meant to keep families unified by allowing the application for a green card (lawful permanent residency) to take place within the United States, without requiring any departure from the United States or time spent abroad.

Though additional details have still yet to be announced, the known qualifications are currently that an applicant must:

• Be present in the United States without admission or parole;
• Have been continuously in the United States for at least 10 years as of June 17, 2024;
• Have a legally valid marriage to a US Citizen as of June 17, 2024;
• Not be disqualified based on criminal history;
• Deserving of a favorable exercise of discretion.

So long as these criteria are met, the spouse and children (unmarried and under 21yo) of a US citizen may seek a “parole in place” for a period of three (3) years to allow them to obtain a work permit and to complete the immigration process more seamlessly from within the United States.

In this same announcement, President Biden remarked that he also plans to make non-immigrant visas more accessible to persons with DACA  and other Dreamers with degrees from US institutions of higher education. For these individuals who have a job offer from a U.S. employer, this new action will seek to make it possible to obtain a non-immigrant employment visa where one otherwise may not have been possible due to various immigration bars.

These programs are not yet available so please do not pay any fees associated with filings or submit documents in application for these benefits as it is not yet available. Beware of scams and persons trying to take advantage of this announcement. Additional information is expected to be released soon in order to help individuals determine whether their case may or may not benefit from this announcement. Stay tuned!

Last Updated: 6.18.2024 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

On June 4, 2024, President Biden announced his new Presidential Proclamation to try and curb illegal border entries at the southern border. The proclamation restricts entry to the United States for those entering without a visa or other lawful permission. The new measures went into effect today, June 5, 2024. For more detailed information, please visit: https://www.whitehouse.gov/briefing-room/presidential-actions/2024/06/04/a-proclamation-on-securing-the-border/

Last Updated: 6.5.2024 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

On January 30, 2024, USCIS announced the final rule for an adjusted fee schedule. The changes to fees impact many categories of applications and will go into effect on April 1, 2024. Anything postmarked on or after April 1, 2024 will be subject to the new fees. To apply under the current fee schedule, applications must be postmarked before April 1, 2024.

USCIS press release: https://www.uscis.gov/newsroom/news-releases/uscis-issues-final-rule-to-adjust-certain-immigration-and-naturalization-fees

To read the rule in its entirety (it’s long!), you can go here: https://www.federalregister.gov/documents/2024/01/31/2024-01427/us-citizenship-and-immigration-services-fee-schedule-and-changes-to-certain-other-immigration

To read the USCIS FAQ’s about the change (much shorter), you can go here: https://www.uscis.gov/forms/filing-fees/frequently-asked-questions-on-the-uscis-fee-rule

If you need to apply for a fee waiver, you can find out your eligibility by comparing your household income to the federal poverty guidelines, which are found here: https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines

If you have a pending application or petition with an Immigration agency, or if you are a non-US citizen, you will need to file a change of address anytime you move (unless you are in the US with a “A” or “G” visa or as a Visa Waiver Visitor). You must file the change of address with every agency that is handling your case, whether it is U.S. Citizenship and Immigration Services, the U.S. Department of State, the Immigration Court, or another agency/office.

Here are some links and information to help you get the change of address done correctly. And, remember, make sure you file your change of address the FIRST WEEK you move! Most agencies require that they be updated within 5-10 business days of your move.

If you have a case pending with U.S. Citizenship and Immigration Services (USCIS):
– Paper filing/general instructions: https://www.uscis.gov/ar-11

– Online filing: https://egov.uscis.gov/coa/displayCOAForm.do

– Special filing locations for U/T/VAWA cases: https://www.uscis.gov/addresschange

If you are a financial sponsor for an intending immigrant and have filed Form I-864:
– Paper filing: https://www.uscis.gov/i-865

If you have a case pending with the Immigration Court / Executive Office for Immigration Review (EOIR):
– Paper filing: https://www.justice.gov/eoir/form-eoir-33-eoir-immigration-court-listing

– Online filing: https://respondentaccess.eoir.justice.gov/en/forms/eoir33ic/

*Remember, anything you send to the Immigration Court, must also be sent to the Office of Principal Legal Advisor (OPLA) with Homeland Security, by mail. For the correct address, search by location: https://www.ice.gov/contact/field-off…

If you are reporting to Immigration and Customs Enforcement (ICE):
– Online filing: https://onlinechangeofaddress.ice.gov/ocoa

If you are a bond obligor:
– Paper filing: https://www.ice.gov/doclib/forms/i333.pdf

If you have a case with the National Visa Center (NVC) or the U.S. Embassy for consular processing:
– https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html

In 2023, the Biden Administration began a process that allowed certain nationals of Cuba, Haiti, Venezuela, or Nicaragua to enter the United States through Humanitarian Parole. In an effort to curb illegal entries to the United States, and recognizing the dire need for many persons from these countries to leave difficult situations in their home countries, the humanitarian parole process allows for temporary entry and employment authorization in the United States. If you are a citizen of Cuba, Haiti, Venezuela, or Nicaragua, here is how you may seek to benefit from this program…

For starters, you must be outside of the United States and a national of Cuba, Haiti, Venezuela, or Nicaragua, and with a valid passport. If you are not a national of one of these countries, you may still qualify if you are the spouse or unmarried child under the age of 21 of a national of one of these 4 countries. For example, if you are a citizen of Mexico but you are married to a Cuban citizen and you’re living outside of the U.S., you can apply for this parole program so long as you’ll be traveling together and your Cuban citizen spouse receives parole. BUT, if your Cuban citizen spouse also has Mexican citizenship, neither of you will be eligible for this program because of your Cuban spouse’s dual nationality.

In addition to meeting the citizenship requirement, you must have a sponsor in the United States to start the process. This sponsor doesn’t have to be a U.S. citizen, but must have lawful status in the U.S. or be with parole or deferred action. If you know someone that is a U.S. citizen, a Lawful Permanent Resident, a nonimmigrant (such as with F1 student status), an Asylee or Refugee, a TPS holder, or a
DACA recipient, they may serve as your sponsor.

The sponsor must be able to document their status, be able to pass a background clearance, and have sufficient financial means to support you. Once you find someone that is willing to serve this role, they will initiate the process by creating an online U.S. Citizenship and Immigration Services (USCIS) account and filing Form I-134A. If you have a spouse or child that will be traveling with you, a separate I-134A must be filed for each person. With the I-134A form, it is necessary to include evidence about the financial ability to support you, including an explanation of the type of support to be provided. Because the sponsor is agreeing to “receive, maintain, and support” the beneficiary, the sponsor must specifically account for how this is possible. But the sponsor doesn’t have to take all the responsibility for him or herself. Meaning that multiple people can agree to help, and even organizations and businesses can agree to help. For example, if your friend, Mariam, lives in the United States with Temporary Protected Status (TPS), she can be your sponsor. But maybe she only makes $20,000 a year and doesn’t think she can pay for your housing, food, and transportation. But, Mariam knows a local community organization that is offering to help provide housing and food. And Mariam also has a friend that is offering to help you find a job and provide $250 in support per month, until you get to the U.S. and get a work permit and job. In this situation, Mariam will file and sign the I-134A form, but she will include with it an explanation from herself, the local community organization, and her friend, each explaining how they will provide for you once you arrive to the United States. Along with these letters of explanation, it is a good idea to provide other documentation that evidences the ability to provide the resources that were offered, such as photos of the available housing or a deed of title from the community organization, and tax returns or bank statements from Mariam’s friend.

Once the I-134A is filed and submitted online, USCIS will review it, check for the criminal clearance of the sponsor, and make a determination about whether to authorize the sponsorship. This part of the process may take several months or more. Then, assuming the sponsor is confirmed, you will receive an email from USCIS with instructions about how to create your own online USCIS account. You’ll create this account and confirm the information about yourself and your qualifications. In doing so, you will confirm that you have all required vaccinations to enter the U.S., including vaccinations for Measles,Polio, and COVID-19.

After you confirm the information with USCIS, you will receive instructions in your new online account about how to access the CBP One app on your phone. You will enter your personal information into the application and provide a photo of yourself. Once all information is entered into the CBP One app, you will wait to receive notice about whether Customs and Border Protection (CBP) has decided to authorize you to travel the United States to request parole at a port of entry. Assuming CBP has decided to grant you this opportunity, you’ll receive travel authorization that is valid for 90 days. You must enter the United States during those 90 days, traveling by air to an internal port of entry. It is at that port of entry that you will request parole.

Once you arrive by plane to a receiving airport in the United States, you will meet with a CBP officer who will run your fingerprints for a background check and you will provide an explanation and documentation for the reasons why you are seeking parole into the U.S. It is advisable to have your explanation and documentation well-prepared and easy to understand so that you can simply and quickly present it to the officer when you are at the airport. For example, maybe the circumstances in your home country caused you to lose your job or your housing, maybe it is no longer safe there for your children to attend school, or maybe you are no longer able to freely express your political or religious beliefs in your home country. Be prepared to clearly express your personal reasons for leaving your home country and seeking temporary entry into the U.S.

If the officer agrees to parole you into the United States, you will typically be allowed entry for a two (2) year period and you will be eligible to apply for a work permit. It is a good idea to apply for that work permit as soon as possible, by filing Form I-765. Remember also that you are required to update your contact information (phone number, email, and physical address) with USCIS if it changes after you enter the United States. You can do this through your online USCIS account that you created during the application process.

Who Is Not Eligible For This Process?

• If you fail the security clearance
• If you are unable to demonstrate that the U.S. government should exercise its discretion in your
  favor
• If you have been ordered removed from the U.S. in the last 5 years
• If you are subject to a bar based on a prior removal order
• If you entered the U.S. illegally and not at a port of entry after October 19, 2022 for Venezuelans
  and after January 9, 2023 for Cubans, Haitians, and Nicaraguans
• If you are Cuban or Haitian and were intercepted at sea trying to come to the U.S. after April 27,
  2023; or
• If you are under 18 years of age and not traveling with a parent or legal guardian

Sources:

• https://www.uscis.gov/CHNV

Last Updated: 10.15.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)

Are you a smitten U.S. Citizen eager to bring your beloved to the land of stars and stripes for good? Look no further than the enchanting Fiancee Visa, also known as the K-1 Visa! If you’ve ever been hooked on the show “90 Day Fiancee,” you’ll soon recognize where that show gets its catchy name.

As a U.S. Citizen, you can apply for your fiance(e) to come to the United States on a K-1 “Fiancee Visa” so long as you have the intention to marry within the first 90 days of arrival to the United States. To apply for this benefit, you (the U.S. Citizen), must submit Form I-129F to U.S. Citizenship and Immigration Services (USCIS). You must prove that (1) you are a U.S. Citizen, (2) that you are free and able to marry (that you aren’t married to anyone else and that you meet the necessary requirements for marriage in your jurisdiction), (3) that you intend to marry within those first 90 days after K-1 entry, and (4) that you and your fiance(e) met one another in person at least once during the two years preceding the filing of the petition (some exceptions to this do exist).

Once your I-129F petition gets the thumbs up, it’s off to the races! The approval will be forwarded to the U.S. Department of State’s National Visa Center (NVC). The NVC will then determine the appropriate Embassy or Consulate, depending on your fiancee’s nationality and residence, and will forward it on to that location for purposes of contacting the applicant to submit the required application forms and schedule the K-1 interview. The applicant (your fiance(e)) will file Form DS-160 online for themselves and for any accompanying children. They’ll also need to attend a medical exam with an approved physician.

Then, once the interview is scheduled, all applicants will attend the interview, taking with them all required documentation. Required documents include a passport valid for at least 6 months from the date of intended entry into the U.S., Form I-134 and supporting financial documents, a police certificate, any divorce decrees, birth certificates, 2×2 photographs, and evidence of your relationship.

Note that by the time you reach the interview stage for the case, the I-129F approval period of 4 months will have already likely expired. Do not stress over this because the consular officer at the interview can extend the validity dates of the petition. Once the K-1 visa is approved (K-2 for any children), it will be valid for a maximum of 6 months. It is necessary to enter the United States before that visa expires. And, remember, in order to remain in the United States, the marriage should take place within 90 days of entry.

After marriage, to remain lawfully in the United States, it is necessary to then apply to adjust status to a Lawful Permanent Resident (Form I-485). If there are any children that entered the United States on a K-2 visa, they must also apply to adjust status to a Lawful Permanent Resident. Remember that for the children to do this, they must be unmarried and must enter the United States before turning 21 years of age.

Pros To The Fiancee Visa:

• No need to rush down the aisle before applying – in fact, if you’re already hitched, this visa isn’t for you!
• It can fast-track the family reunion process in the U.S.

Cons To Consider:

• The wedding bells must ring quickly after stepping onto U.S. soil on the K-1 Visa.
• There’s still a (sometimes marathon-length) green card application process after the vows.
• If the relationship takes an unexpected turn, adjusting your status becomes a bit trickier.
• While a work permit is on the table, it’s only valid for 90 days post-entry, and processing times might not leave much time for job hunting.

So there you have it, lovebirds! With the Fiancee Visa, your love story is set for an epic U.S. adventure. Time to get those applications in and let the countdown to happily ever after begin!

Sources:

• https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#ExternalPopup
• https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa
• https://www.justice.gov/sites/default/files/eoir/legacy/2014/07/25/3719.pdf.

Last Updated: 10.07.2023 (*Note That Immigration Rules, Regulations, And Practices Change Frequently. Make Sure To Check For Updated Information Since The Posting Of This Article.)