New Program to Afford a Green card Status to Undocumented spouses and children of US citizens
On June 18th, 2024 the Biden administration’s announced executive actions attempt to remedy for certain American families that include an undocumented, long-term resident of the U.S. Through a newly announced Department of Homeland Security (DHS) process, undocumented spouses of U.S. citizens who have been in the U.S. for a decade or longer will be able to apply for a legal avenue to eventually adjust their immigration status and become lawful permanent residents without ever leaving the U.S. In addition, the Administration has extended Affordable Care Act coverage to DACA recipients and streamlined, expanded, and instituted new reunification programs so that families can stay together while they complete the immigration process. […]
Q&A on VISA BULLETIN
What Is the Visa Bulletin? The U.S. government can only give out a certain number of green cards (or immigrant visas) each year. There are rules about how many visas can be used in each country and category. The Visa Bulletin helps the government keep track of all these visa numbers. It’s also a tool for you to use to help understand when you can apply for your case and when it can be approved. It’s like a schedule that tells you when it’s your turn. Sample Chart: How Does It Work? You can use the Visa Bulletin to understand when you can start the last stage of the green […]
Asylum Seekers: This New USCIS Guideline Impacts your Application
In the pursuit of asylum in the United States, understanding your rights and the evolving legal landscape is key. We break down the new guidelines, explaining how they impact you and what steps you need to take to ensure you avoid any further processing delays. New USCIS Guidelines Explained: Who Is Impacted? Starting from October 16, 2023, USCIS has implemented specific requirements for asylum applicants: These changes are aimed at streamlining the application process. What You Must Do: Submit Form I-589 and Proof If your removal proceedings were dismissed or terminated, you must submit the current version of Form I-589, Application for Asylum and for Withholding of Removal, to the […]
New Edition of Form I-589 And Changes to Supporting Documentation, Requirements and Filing
Filing new edition of the Form I-589 Applicants NO LONGER NEED to submit:
o a passport-style photo,
o multiple copies of the form,
o multiple copies of the supporting documentation.
Prosecutorial Discretion Request: Questions and Answers
Under U.S. immigration law, Prosecutorial Discretion (PD) refers to the power that U.S. immigration agencies (ICE, as well as U.S. Citizenship and Immigration Services or USCIS, and Customs and Border Protection (CBP)) to decide where to focus its resources and whether or how to enforce the law against an individual. In practice, PD allows DHS attorneys to decide which cases to focus on and how they want to proceed in individual cases, such as agreeing to remove a case from the immigration court docket through dismissal or administrative closure, or agreeing to stipulations on issues such as relief, bond, or continuances. PD is authority, exercised by the Office of the Principal Legal Advisor, on a case-by-case basis, and does not create a right or entitlement for any noncitizen.
Nonimmigrant Visa Interview Waivers – All You Need to Know
To show that you are eligible for the Visa in United States, as a part of the visa application process you have to complete an in-person interview. However, interview can be waived for few applicants known as Nonimmigrant Interview Waiver. This process can be a beneficial option for those renewing visas in same nonimmigrant category and for certain nonimmigrant visa categories. Definitely, you can reduce the anxiety of a face-to-face interview with Consular office. Eligibility Criteria for Nonimmigrant Interview Waiver Through December 31, 2022, you may qualify for an interview waiver for an initial nonimmigrant visa application if: Are you in one these categories: Applicant for F, H-1, H-3, H-4, […]
L1 A Visa Petition for Start-Up Companies – Is it Worth the Hassle?
The law provides for a non-immigrant visa for a multinational executive or manager to be admitted in the U.S. for purposes of opening a new office or start-up entity. In recent years, the USCIS has made it increasingly difficult for small businesses to benefit from this visa option. The USCIS requests onerous evidentiary documentation which causes excessive delays and costs from the U.S. Petitioners. This article discusses the legal criteria for this non-immigrant visa benefit, the challenges faced by petitioners and practitioners, and provides practice pointers for preparing a successful L-1 petition in spite of the USCIS’s current bias and discrimination against businesses starting new offices in the US. What […]
10 Questions To Ask Your Immigration Lawyer During Your First Consultation
Immigration is a complex and rapidly changing field of law. Choosing a lawyer with the right set of qualifications and experience is essential for a successful immigration case. 10 Questions to Ask When Meeting With Visa Immigration Lawyers Here is a list of 10 Questions you should ask your Immigration Lawyer during your first consultation: 1. What is your experience with cases similar to mine? Experience is the best indicator of your immigration lawyer’s ability to successfully complete your immigration case. Ask if your immigration attorney has experience with immigration cases similar to yours, and what their specialty is if any. 2. How much do you charge? Price can be […]
Asylum Application and Asylum Process – Best Asylum Lawyer in Houston
Each year thousands of non-citizens arriving at our border or already in the United States apply for asylum, or protection from persecution. Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. Gasana as a successful Asylum lawyer pens the blog on complete Asylum Application process with facts. To start with, those granted asylum have the opportunity to apply to live in the United States permanently, receive certain benefits, and be reunited with their family members. This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process. What Is Asylum? Asylum […]
5 Most Common Mistakes Made by Asylum Applicants
The Asylum application and withholding of removal process are complicated and difficult. The ever-evolving landscape of asylum law and statute makes it especially important to seek the help of an attorney in preparing your asylum application at the houston asylum office. Getting help from an experienced attorney will help you avoid some of the most common mistakes asylum applicants make, and increase the likelihood of your asylum claim being approved. Top 5 mistakes Made by Asylum Applicants Below are the top 5 commons which need to be avoided by Asylum applicants while filing up for asylum applications in Houston. 1. Incoherent and disorganized Story The most important component of your […]
Temporary Protected Status for Haiti and Burma
Haiti and Burma were recently designated for 18-month Temporary Protected Status (TPS) by the US Department of Homeland Security. This 18-month TPS designation allows Haitian nationals living in the US as of May 21, 2021, and Burmese nationals living in the US as of March 11, 2021, to file initial or renewal applications for TPS. This TPS designation is also applicable to individuals without nationality who last resided in either Haiti or Burma. According to the Secretary of Homeland Security, Alejandro N. Mayorkas, the current situation in Haiti, including a political crisis, social unrest, “an increase in human rights abuses, crippling poverty, and lack of basic resources, which are exacerbated […]
Attorney Claudine Gasana’s interview with Fox News Now on Biden Immigration policies
On Saturday, May 22,2021, Houston Immigration Lawyer Claudine Umuhire Gasana was honored to be interviewed by Rain Augustine from FOX NewsNow on the current immigration policies; what actions should lawmakers take to make the immigration system work; and what changes has the Biden made so far. The discussion is specifically about the migrate surge in the south western border where the U.S. Border patrol has reported nearly 1.32,000 encounters with migrants. Though the coronavirus outbreak had reduced the migration last year but again this year number seems to be increasing drastically. The continuous influx of immigrants in to the United States of America needs to be handled in a […]
The National Interest Waiver- a Green Card option for Skilled Workers. Who Qualifies?
Q: What is the National Interest Waiver? A: The National Interest Waiver is an immigrant petition for lawful permanent residence under the employment based second preference (EB-2) category. The usual requirement is for a labor certification application certified by the Department of Labor (DOL) and a permanent offer of employment in the U.S. However, these requirements may be waived for qualified individuals in the field of sciences, engineering, technology, education, arts, professions, or business if they are either members of the professions holding advanced degrees or foreign equivalent or those without an advanced degree but with “exceptional ability” who will “substantially benefit prospectively the national economy, environmental, health, science, research […]
The Biden administration immigration policy changes
The United States President Joe Biden signed executive orders after being sworn in as President of the United States. He has brought few Immigration Policy Changes. The executive order reverses a policy adopted earlier by President Donald Trump: • Revocation of the Muslim and African travel bans. Read this Fact Sheet on the impact of the changes. • 100-day pause on deportations and rescission of the February 2017 Trump order announcing all-out enforcement without any prioritization • Declaration of the end of the “national emergency” at the southern border • Halt in border wall construction • Preservation of and plans to “fortify” the DACA initiative • Suspension of new enrollments […]
President Biden’s Proposed Bill on Immigration Reform
President Biden has sent an immigration bill to Congress that Senator Menendez (D-NJ) and Congresswoman Sánchez (D-CA) will sponsor. Here are main points of the Bill: • Legalization and path to citizenship for unauthorized immigrants o Dreamers, TPS recipients, and farmworkers will qualify for green cards immediately and can apply for citizenship after three years. o All other unauthorized immigrants will receive a conditional status, including employment authorization, for five years, following which they can apply for citizenship after another three years, assuming they qualify. Applicants must be physically present in the United States on or before January 1, 2021. The Secretary of the Department of Homeland Security (DHS) may […]
USCIS set to increase the Filing Fees from October 2, 2020
On August 3, 2020, the Department of Homeland Security (DHS) finalized changes to the fees U.S. Citizenship and Immigration Services (USCIS) charges for various immigration applications. In sum, DHS is increasing fees drastically, adding a new $50 fee for asylum applications, limiting fee waivers, slightly discounting fees for forms currently available for online filing, and charging separate fees for Forms I-765 and I-131 when filed with a pending or concurrently filed Form I-485. These changes are effective October 2, 2020—thus, any application, petition, or request postmarked on this date or later must include payment of the fees established by DHS’s final fee rule. Note that litigation may impact the effective […]
The new Asylum based Employment Authorization Document (EAD) Rules
On August 21, 2020, USCIIS put in effect a new rules which changed among other things, the EAD clock for asylum seekers. The rules increased waiting time from 150 days to 365 for an asylum applicant to be eligible to apply for an initial EAD. The rules apply to those who applied for asylum on or after March 28, 2020. The new rules will: • Increase the waiting time from 150 days to 365 days for an asylum applicant to be eligible to apply for an initial EAD. This will apply to any asylum seeker who has not accrued 150 days on their “clock” before August 25. The new rule […]
Trump Administration Expands Ban on Legal Immigration and Restricts Employment Authorization for Asylum Seekers
President Trump issued a proclamation continuing Proclamation 10014 of April 22, 2020, and suspending and limiting the entry of any individual seeking entry pursuant to any of the following nonimmigrant visas: (a) an H-1B or H-2B visa, and any individual accompanying or following to join such individual; (b) a J visa, to the extent the individual is participating in an intern, trainee, teacher, camp counselor, au pair, or summer work travel program, and any individual accompanying or following to join such individual; and (c) an L visa, and any individual accompanying or following to join such individual. The proclamation shall apply only to any individual who: (i) is outside the […]
DHS Announces Imposition of Visa Sanctions on Burundi-Checkout my interview with VOA Radio Yacu
Earlier this week, the Department of Homeland Security (DHS), in coordination with the Department of State, announced the imposition of visa sanctions on Burundi due to lack of cooperation in accepting its citizens and nationals ordered removed from the United States. https://www.dhs.gov/news/2020/06/19/dhs-announces-imposition-visa-sanctions-burundi#:~:text=WASHINGTON%20%E2%80%94%20Earlier%20this%20week%2C%20the,removed%20from%20the%20United%20States. I was interviewed about this by VOA Radio Yacu-Kirundi/Kinyarwanda: forward on minute 17- https://www.radiyoyacuvoa.com/a/5454743.html?withmediaplayer=1
Trump signs another executive order banning immigration into the U.S. for 60 days with Exceptions
Trump signed a proclamation that becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), and suspends the entry of any individual seeking to enter the U.S. as an immigrant who: ● Is outside the United States on the effective date of the proclamation; ● Does not have a valid immigrant visa on the effective date; and ● Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission. The following categories are exempted from the proclamation: 1. Lawful […]
Webinar hosted by Homeis Platform: Q&A IMMIGRATION &COVID19
Follow the webinar conducted by Attorney Claudine Gasana on Homeis-Platform for “Africains Francophones À États Unis” https://drive.google.com/file/d/1Nc2XggPmssP_574Bp1j5q4-ZPvEkgpWE/view
Public Charge Inadmissibility Rule. What does it mean? Who does it affect?
Background On August 14, 2019, the Department of Homeland Security (DHS) published a final rule relating to the public charge ground of inadmissibility. This rule would apply to cases decided by U.S. Citizenship and Immigration Services (USCIS). The new rule was scheduled to take effect on October 15, 2019; however, multiple federal courts issued injunctions that temporarily stopped the rule from taking effect as scheduled. As the legal challenges against the new rule have continued, some of these injunctions were lifted. On January 27, 2020, the U.S. Supreme Court granted the federal government’s application to stay the last remaining nationwide injunction. This means that the rule is no longer enjoined, […]
Follow my analysis of the new rule amending B-2 Non-immigrant Visa Application requirements in efforts to deter to “Birth Tourism”
One of the best opportunity to understand the analysis of the new rule amending B-2 non-immigrant Visa application requirements from Immigration Attorney in Houston Claudine Gasana. What is Birth Tourism? Birth tourism is the process of travelling to another country for giving birth in that country. When a baby is born in a country like United States even if the mother is of different nationality, the baby will be the country’s citizen according to the constitution. The podcast explains all the details in the native language Swahili, all about birth tourism and how it can impact B-2 visa petitioners. So here B-2 visa attorney Claudine discusses the new rules that […]
The Future of H-1B
The future of H-1B in limbo as many changes are being implemented by the Department of Homeland Security The H-1B allows skilled foreign workers who hold at least a bachelor’s degree to be hired by U.S. employers in a “specialty occupation.” The maximum validity of the H-1B visa is 6 years and it is issued in three (3) year increment. The regulations allocate a total of 85,000 visas per fiscal year, including 20,000 allocated to foreign workers with a U.S. Master’s degree. Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) agency receives more petitions than there are available visas. For example, in the 2019 fiscal year, USCIS received 190,098 […]
H1-B Registration Rule
USCIS’ Proposed H1-B Registration Rule Creates More Uncertainty for Employers Just months short of the normal starting date for the annual H-1B petition process, USCIS has proposed major changes. U.S. employers who rely on this visa category, which is for jobs that require a bachelor’s or higher degree in a “specific specialty” or equivalent at the entry-level, are now in limbo, unsure whether these changes will be implemented before the normal petition-submission date. Just last week, USCIS issued a proposal to change the current system for H-1B “cap-subject” petitions. The proposal has two components: requiring employers to register online in advance to be eligible to submit an H-1B visa petition and reversing the […]
Ending US Birthright Citizenship
Ending Birthright Citizenship Could Put All Americans’ Nationality in Jeopardy Written by Aaron Reichlin-Melnick from American Council On Monday night, President Trump told reporters that he intended to end birthright citizenship and claimed that he could do so with an executive order. Birthright citizenship comes from the Fourteenth Amendment to the Constitution, which states that “Any person born or naturalized in the United States, and subject to the jurisdiction thereof, is a citizen of the United States and of the State wherein they reside.” Although the president falsely claimed that no other country provides birthright citizenship, it is the law in over 30 countries, including Mexico and Canada. The unexpected announcement sparked fears for many in […]
Plan to Extend TPS Benefits
The Government Outlines Its Plan to Extend TPS Benefits Under Court Order Written by Aaron Reichlin, Courtesy of American Immigration Council, Immigration Impact In early October, a federal court ruled that the Trump administration had violated the law when it terminated Temporary Protected Status (TPS) for individuals from El Salvador, Haiti, Nicaragua, and Sudan. After weeks of negotiation with the ACLU, which brought the lawsuit, the government has now come forward with a plan to put that decision in action while the case is on appeal. The government’s plan, published Tuesday night, provides crucial breathing room for TPS holders whose status was set to expire soon. Under the government’s plan, […]
USCIS Issues More Deportation Notices
USCIS Begins Implementing Plan to Issue More Deportation Notices Written by Aaron Reichlin-Melnick of American Immigration Council U.S. Citizenship and Immigration Services (USCIS) issued guidance to its officers in June instructing them to initiate deportation proceedings for certain applicants who were denied immigration benefits. At the same time, the agency put the guidance on hold and solicited comments from the public. On Monday, October 2, 2018, the guidance went into full effect, putting thousands of applicants at risk of deportation. USCIS’s new policy will lead the agency to issue “Notices to Appear” (NTAs), documents which formally initiate removal proceedings against a noncitizen, whenever the agency denies an applicant with no […]
USCIS Update on Visas for Students and Exchange Visitors
Students and Exchange Visitors at Risk of Being Barred from U.S. Under New USCIS Policy Written by Leslie Dellon from American Immigration Council’s Immigration Impact U.S. Citizenship and Immigration Services (USCIS) issued a revised, final policy memorandum on August 9, 2018 that radically changes how the agency will determine when a foreign student or exchange visitor is “unlawfully present” in the United States. “Unlawful presence” is a legal term used to describe any time spent in the United States after a foreign national’s period of authorized stay has ended. Most foreign nationals who are inspected and admitted in nonimmigrant status are authorized to remain in the United States until a specific date. However, academic program […]
Family Separation Policy
Here Is the Latest on President Trump’s Family Separation Policy President Trump signed an executive order on Wednesday in response to public outcry about family separation – a horrific policy that has led to the forced separation of over 2,000 minor children from their parents. Though the order discusses an end to the callous form of family separation that has captured the nation’s attention in recent weeks, it does not end all forms of family separation and will ramp up family detention, an insidious alternative. By Thursday, much has remained unclear about how the order will be implemented. The Department of Homeland Security (DHS) and the Department of Justice (DOJ), […]
New USCIS Policy for Student Visa
New USCIS Policy Places Certain Students and Exchange Visitors at Serious Risk of Being Barred from the United States In another attempt to restrict legal immigration, U.S. Citizenship and Immigration Services (USCIS) announced a policy change to the way foreign students and exchange visitors accrue unlawful presence—a legal term used to describe any time spent in the United States after a foreign national’s period of authorized stay has ended. Effective August 9, 2018, this policy will directly impact foreign nationals currently or previously in academic student (F-1), vocational student (M-1), and exchange visitor (J-1) status and their spouses and children in the related dependent status. All three are nonimmigrant visa […]
USCIS Attempts to Restrict H1-B Workers
Is USCIS Exceeding Its Authority as It Attempts to Restrict “Specialty Occupation” Workers? As U.S. Citizenship and Immigration Services (USCIS) begins adjudicating H-1B petitions subject to the Fiscal Year (FY) 2019 “cap,”—the annual limit on the number of visas that will be made available for newly-hired foreign workers in “specialty occupations”—employers can expect attacks on this popular category to continue. Congress has defined a “specialty occupation” as requiring “a theoretical and practical application of a body of highly specialized knowledge” and at least a bachelor’s degree “in the specific specialty (or its equivalent)” at the entry-level. Engineers, teachers, accountants, and scientists are examples of “specialty occupations.” Last year, through a […]
Immigration Updates March 2018
On March 23, 2018, U.S. Citizenship and Immigration Services USCIS issued a policy memorandum designating Matter of S-P-, Inc., as an adopted decision, clarifying that a beneficiary who worked abroad for a qualifying multinational organization for at least one year, but left its employment for a period of more than two years after being admitted to the United States as a nonimmigrant, does not satisfy the one-in-three foreign employment requirement for immigrant classification as a multinational manager or executive. Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018). One of the requirements for a U.S. employer to transfer an executive or a manager from its affiliated company abroad […]
Immigration and American Values
President’s Discriminatory Rhetoric is an Affront to American Values The American Immigration Lawyers Association (AILA) issued the following statement in response to President Trump’s derogatory and hateful comments about Haiti, El Salvador and several African countries: The President’s offensive comments harken back to the shameful days in American history when our immigration policies were grounded in race and nationality quotas. Americans rejected those racially biased national-origin quotas more than 50 years ago because they are intolerable in a country working to end discrimination and racism. Our country was founded by people seeking a better life, free from discrimination, where fairness and justice are available to all, no matter one’s country […]
The Current Status of DACA
As the debate around the Deferred Action for Childhood Arrivals (DACA) initiative continues, here’s the truth the Trump administration has tried to sidestep: many DACA applicants have already been losing DACA benefits, even before the administration’s March 2018 deadline. In fact, an average of 122 DACA recipients have been losing their work authorization on a daily basis. Since the administration terminated the DACA program in September 2017, Congress has done little. Sure, there has been lots of talk on the Hill, but nothing actionable has been done that gives DACA applicants any sense of security. And while many DACA recipients were able to request renewals during the brief 30-day window […]
Green Card Lottery
What is the Diversity Visa (DV) Lottery Program? In the aftermath of the tragic New York Terror attack, the Diversity Visa (DV) Lottery Program has been called into question. The DV lottery program is very personal to me as in 2007, it gave me one of the best opportunities in my life to immigrate to the United States. Without the DV Lottery, me along with thousands of other immigrants from Africa and Europe would not have been able to immigrate to the U.S. I personally know hundreds of people who came to the U.S. through this program who are hardworking, model citizens of the United States. Since there are misconceptions […]
University of Houston Fall 2017 Employment Seminar
On Friday October 13, 2017, Attorney Claudine Umuhire Gasana gave a presentation at the University of Houston’s Fall 2017 Employment Seminar for International Students Contact Claudine Gasana Employment Immigration Lawyer Houston, TX This article is provided for information purposes. Should you have any questions or be interested to learn more about this topic, contact Immigration Attorney Claudine Umuhire Gasana at [email protected] or call us at 281-809-5599 or 713-836-9376 Attorney Gasana offers a variety of immigration services to the greater Houston area, including: Business and Employment Immigration Family-based immigration Naturalization assistance & US Citizenship Green Card (LPR) Visas such as: Fiance Visa K-1 / K-2, B-1, B-2, L-1 Work Visa, E-1 […]
Trump Ends DACA
Trump’s Administration Ends DACA – What you need to know Today on September 5, 2017, the Trump administration rescinded DACA ( Deferred Action for Childhood Arrivals). DACA was established on June 15, 2012 by the Obama Administration in its prosecutorial discretion authority. DACA provided certain undocumented immigrants who entered the United States before the age of sixteen a period of deferred action and eligibility to request employment authorization. Here is what this means: USCIS will reject DACA initial requests and associated applications for Employment Authorization Documents filed after September 5, 2017. USCIS Will adjudicate—on an individual, case-by-case basis—properly filed pending DACA initial requests and associated applications for Employment Authorization Documents […]
Diversity Visa Lottery – Travel Ban Countries
Diversity Visa Lottery Winners from Travel Ban Countries file a Lawsuit Lawsuit Filed by Diversity Visa Lottery Winners from Travel Ban Countries: Plaintiffs, who are winners of the 2017 diversity visa (DV) lottery from countries included in Executive Order 13780’s travel ban, filed a lawsuit challenging DOS’s policy of refusing to issue visas to DV lottery winners who are nationals of travel ban countries. (P.K. v. Tillerson, 8/3/17)-https://www.acludc.org/en/cases/pk-v-tillerson Contact Claudine Gasana DV Lottery Immigration Lawyer Houston, TX This article is provided for information purposes. Should you have any questions or be interested to learn more about this topic, contact Immigration Attorney Claudine Umuhire Gasana at [email protected] or call us at 281-809-5599 […]
Travel Advisory: Partial Travel Ban
TRAVEL ADVISORY: AMID IMPLEMENTATION OF PARTIAL TRAVEL BAN What is the Status of President Trump’s Travel Ban ? On January 27, 2017, President Trump issued an Executive Order that temporarily banned the entry of travelers from seven Muslim-majority countries and the entry of all refugees. Several organizations filed lawsuits challenging the order, and courts blocked portions of the order. On March 6, 2017, President Trump issued a second Executive Order, replacing the first one. This order temporarily banned (for 90 days) travelers who were citizens of six countries: Iran, Libya, Somalia, Sudan, Syria, and Yemen. It also banned all refugees for 120 days. On Monday, June 26, 2017, the U.S. […]
DAPA
DHS issues a Memo rescinding DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents) On June 15, 2017, Department of Homeland Security (DHS) Secretary John F. Kelly signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”). The explanation of rescinding this policy was “because there is no credible path forward to litigate the currently enjoined policy.” The rescinded memo intended to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action. To be considered for deferred action, an alien was […]
Texas Senate Bill 4 (SB4)
Five things you need to know about Texas Senate Bill 4 (SB4) On May 7, 2017, Texas Governor Greg Abbot signed into law Senate Bill 4 (S.B.4) also referred to as “show me your papers law.” This law encourages unacceptable profiling of people based on immigration status and critics say it will undermine the public safety of local communities. This law will become effective on September 1, 2017. Here are five things to know about this law: 1) It authorizes local entities including campus police, without limitation, to ask immigration status of someone who is under arrest or lawful detention; to request and share that immigration status with USCIS, ICE […]
Block on Trump’s Travel Ban
The 4th US Circuit Court of Appeals upholds Block on Trump’s Travel Ban Today, A federal appeals court upheld a ruling blocking President Donald Trump’s travel ban against six Muslim-majority countries. The 10-3 ruling from the 4th US Circuit Court of Appeals upholds a lower court’s decision to halt core portions of the executive order indefinitely. The ban was announced in March, but never got off the ground because federal courts blocked it just hours before it was set to go into effect. It would have banned people from Iran, Libya, Somalia, Sudan, Syria, and Yemen from entering the US for 90 days and all refugees for 120 days. The […]
Immigration Updates April 2017
Immigration Updates in the month of April 2017 On April 25, 2017, A Federal district court issued a nationwide injunction against §9(a) of Executive Order 13768-Enhancing Public Safety in the Interior of the United States, which blocks so-called “sanctuary jurisdictions“ from receiving federal grant money. The Court concluded that the Executive Order violated the Separation of Power clause of the U.S. Constitution (County of Santa Clara v. Trump, 4/25/17). Source: http://www.cnn.com/2017/04/25/politics/sanctuary-cities-injunction/ On April 18, 2017, President Trump signed the “Buy American” “Hire American” Executive Order. The Executive Order directs the Secretary of State, Attorney General, Secretary of Labor, and Secretary of Homeland Security to propose new rules and issue new guidance to “protect the interest of United […]
H-1B CAP Petitions
USCIS will begin accepting H-1B CAP Petitions on April 3, 2017 On April 3, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2018 cap. All cap-subject H-1B petitions filed before April 3, 2017, for the FY 2018 cap will be rejected.H-1B visas are capped at 65,000 per fiscal year for individuals who hold a Bachelor’s Degree. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap. The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the application of a body […]
New Trump Travel Ban
Federal judge in Hawaii blocks new Trump travel ban Today, on March 15, 2017- A federal judge in Hawaii blocked President Donald Trump’s new travel ban on Wednesday afternoon, hours before the ban was set to go into effect. The ruling — which applies nationwide — means that travelers from six Muslim-majority countries and refugees will be able to travel to the US. The Trump administration took over a month to rewrite the travel ban order after multiple federal courts blocked its implementation last month. Unlike the previous executive order, the new one removed Iraq from the list of banned countries, exempted those with green cards and visas, and removed […]
Apply for U.S. Citizenship Now
Five Reasons why this is the right time to apply for U.S. Citizenship In the midst of chaotic changes in immigration enforcement policies, it is wise to think of a permanent solution to shield immigrants from being affected by those changes. That solution is filing for a citizenship application for those who qualify. Here are FIVE reasons why applying for a U.S. Citizenship is the best option to protect you from immigration enforcement pitfalls:1) A US Citizen benefits from all protections provided by the U.S. Constitution and Bill of Rights and cannot be subject to deportation. Even though green card holders have protection of most U.S. Constitution rights, they still may be deported for […]
Executive Order on Immigration
Five major changes made by DHS new Policy Memos implementing Trump’s Executive Order on Immigration. On February 20, 2017, The Department of Homeland Security(DHS)issued two memos implementing the President’s Executive Order issued on January 25, 2017. I will attach the links to the memos here. However, here are five (5) major changes to immigration enforcement guidelines. 1. Priorities for deportation not only include convicted felons and those posing national security threats, but also any deportable individual convicted of any crime, charged with any crime. This means that a small infraction such as driving without a license could get someone deported. 2. Exercise of “Prosecutorial Discretion” is no long in effect. DHS personnel was […]
Temporary Restraining Order blocking the Travel Ban
The 9th Circuit Court of Appeals upheld the Temporary Restraining Order blocking the Travel Ban: 5 things you should know On February 9, 2017 The 9th Circuit of Appeals denied the motion for an emergency stay filed by the U.S. Government. The Court found that the Government failed to show a likelihood of success on the merits of its appeal and that it failed to show that the lack of a stay would cause irreparable injury. This motion was filed after a U.S. District judge in Washington State had issued a Temporary Restraining Order (TRO) blocking nationwide the Travel Ban imposed by President Trump on 7 countries (Iran, Iraq, Yemen, […]
Who is affected bar the Travel ban?
Who is affected bar the Travel ban after a federal Judge ruling on blocking parts of it? * The Executive Order applies to all individuals “from” the 7 designated countries: Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen. That includes Legal Permanent Residents (LPRs), nonimmigrant visa holders, immigrant visa holders, refugees, derivative asylees, Special Immigrant Visas (SIVs), etc.* Anyone who holds a passport from a designated country is considered as being “from” the designated country. This includes dual citizens who hold passports from a designated country, as well as a non-designated country.* CBP will be processing people based on how they present themselves at primary inspection.* The Executive Order does […]
New National Interest Waiver (NIW) Standard
On December 27, 2016, the USCIS Administrative Appeals Office (AAO) revised the analytical framework for assessing eligibility for national interest waivers under section 203(b)(2)(B)(i) of the Immigration Nationality Act (INA), and sustained the appeal and approved the petition in Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016). Section 203 (b)(2)(B)(i) of the INA provides for immigrant visas to “qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.” In 1998, AAO issued an interim decision […]
International Entrepreneur Parole Rule
On January 17, 2017, The Department of Homeland Security (DHS) published a final rule aimed at improving the ability of certain promising start-up founders to begin growing their companies within the United States and help improve the national’s economy growth through increased capital spending, innovation, and job creation. This ruled defines “Parole” as a period of authorized stay on case-by-case basis to foreign entrepreneurs who establish that their stay in the U.S. “would provide significant public benefit through the potential for rapid business growth and job creation. There will be 2,940 paroles issued annually. Initial parole will be issued for a period of 30 months with a possibility of a […]
The Wall Order Between US and Mexico
President Trump signed Executive order to begin building the wall between the Border of U.S. and Mexico On Wednesday, January 25, 2017, while visiting the Department of Homeland Security, President Trump signed two executive actions cover the following topics, which are intended to protect U.S. citizens from foreign nationals who intend to commit terrorist attacks in the U.S.: 1. Wall Along U.S.-Mexico Border. Based on his supposed authority under the Secure Fence Act of 2006 signed into law by President George W. Bush, which called for 700 miles of “reinforced fencing” along the U.S.-Mexico border along with enhanced surveillance systems, Trump is ordering to build a wall along U.S.-Mexico border. Funding of […]
STEM OPT Regulation
STEM OPT regulation took effect on May 10, 2016 May 10, 2016 is the date the new STEM OPT regulation takes effect. The new STEM OPT rule allows F-1 students with degrees in approved STEM (science, technology, engineering and math) fields to extend their Optional Practical Training for an additional 24 months (instead of the current 17-month extension) beyond the initial one-year OPT period. Students may be eligible for one additional STEM extension if they obtain a second U.S. STEM degree at a higher level. The regulation also imposes several new reporting requirements and other obligations on students, designated school officers and employers, including a formal training plan signed by […]
How to process visas for skilled workers?
Are you a small business owner and wondering how to successfully process work visas for skilled workers? We have solutions for you. United States laws and regulations allow U.S. employers to hire foreign skilled workers either on temporary basis or otherwise referred to as non-immigrant worker petitions or on a permanent basis or otherwise referred to as Green card petitions. Today, I will discuss the challenges faced by small businesses when filing for an H-1B Non-immigrant visa petition and tips to a success outcome. H-1B Non-immigrant visa petition is filed on behalf of an “alien” who:“Will perform services in a specialty occupation which requires theoretical and practical application of a […]
E-2 Treaty Investor Visa
What you need to know about E-2 Treaty Investor Visa In the midst of the economy downturn, employees are being laid off among them foreign professionals and managers who have held non-immigrant visas for a long time are now wondering what to do to remain in status in the U.S. One available and “self- petition” option is the E-2 non-immigrant visa status. An E-2 investor non-immigrant status is defined as “the investor’s placing of capital, including funds and other assets, at risk in the commercial sense with the objective of generating a profit.” While this definition might seem intimidating, it is important to remember that essentially the investment must be for […]
H-1B CAP is reached? What now?
It is that time a year where employers and foreign professionals are wondering what to do after USCIS has announced to have reached the quota of H-1B visas per fiscal year. This article discusses other options available to skilled foreign workers and U.S. employers who do not want to lose their skills. USCIS received over 236,000 H-1B petitions for 2017 fiscal year, including petitions filed for the advanced degree exemption. On April 9, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with […]
Expanded Provisional Waiver
Analysis of the Expanded Provisional Waiver as announced by USCIS in the final rule on 07/29/2016 On July 29, 2016, U.S. Citizenship and Immigration Services (USCIS) announced afinal rule expanding the existing provisional waiver process to allow certain individuals who are family members of U.S. citizens and lawful permanent residents (LPRs), and who are statutorily eligible for immigrant visas, to more easily navigate the immigration process. The provisional waiver process promotes family unity by reducing the time that eligible individuals are separated from their family members while they complete immigration processing abroad, while also improving administrative efficiency. Here is how the 2016 final rule is different from the 2013 rule: […]
J-1 Waivers for Physicians
J-1 Two-Year Foreign residency requirement for Physicians- Are there any Waivers? Majority of foreign doctors who come to train in the U.S. must obtain J-1 exchange Visitor’s Visa. The J-1 visa is sponsored by the Educational Commission for Foreign Medical Graduates (ECFMG). ECFMG sponsors those foreign medical graduates who have complied with the requirements pertaining to entering a U.S. residency or fellowship. J-1 Physicians who come to the U.S. for medical education or training are automatically subject to the two-year foreign residence requirement (also known as 2-year rule). Exception to the 2-year rule applies to those physicians who come to the U.S. for observation, consultation, teaching, or research in which […]