Visa Lawyer Blog

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airport-8081875_1280On Friday May 9, 2025, President Trump signed executive order “Establishing Project Homecoming,”a new White House initiative aimed at encouraging the voluntary departure of undocumented immigrants from the United States.

This new policy offers financial incentives and logistical support to those who facilitate self-deportation, with the stated goal of reducing the fiscal and social burdens associated with deportation to prioritize funding for Americans in need.

Key Provisions of Project Homecoming:

  • Free Government-Funded Flights:Undocumented immigrants are offered complimentary flights to any country willing to accept them, excluding the United States.This service is accessible through the government’s new “CBP Home” mobile application and at participating airport
  • $1,000 Exit Bonus: Individuals who voluntarily and permanently depart the U.S. under this program are allegedly eligible to receive a $1,000 “exit bonus” upon successful relocation.
  • Concierge Travel Assistance: A government-provided concierge service is available at airports to assist individuals, even those lacking valid travel documents from their home countries, in booking flights and navigating the voluntary departure process.

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pieter-van-de-sande-r6BdUpN_iSk-unsplash-scaledPresident Trump’s first 100 days in office have been marred by controversial actions targeting both legal and illegal immigration.

In its latest move, the Trump administration is going even further by targeting “sanctuary” cities which are state and local jurisdictions that limit their cooperation with federal immigration law enforcement officials. “Sanctuary” cities have been known to enact policies that prohibit the detention of individuals solely based on their immigration status and restrict the sharing of information about immigrants with federal authorities.

To force them into compliance, the Trump administration has begun filing lawsuits against sanctuary cities seeking to penalize them for their disobedience.

The first of these lawsuits targets Colorado and Denver for impeding federal immigration authorities from carrying out deportations. Denver is one of many states with state laws that prevent state and local officials from cooperating with federal immigration authorities. For instance, a Denver state law prevents the use of the city’s resources to assist with immigration enforcement, while a separate executive order establishes Denver as a “sanctuary city,” welcoming undocumented immigrants.

If Trump has it his way, the lawsuit would undo Colorado’s sanctuary state laws by declaring them unconstitutional and prohibiting their enforcement.

Interestingly, in responding to the lawsuit, the governor of Colorado Jared Polis denied Colorado’s status as a sanctuary state and said that Colorado regularly cooperates with federal law enforcement authorities.

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donald-trump-4921211_1280On April 28th, President Donald Trump signed two new executive orders that significantly impact U.S. immigration policy and enforcement.

These presidential actions are a continued effort to prioritize national security by enhancing law enforcement capabilities and imposes penalties on “sanctuary” cities that limit cooperation with federal immigration authorities.

  • Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens

The first executive order entitled “Strengthening and Unleashing America’s Law Enforcement to Pursue Criminals and Protect Innocent Citizens,” empowers state and local law enforcement agencies to take stronger action against crime by expanding their authority and increasing investment in prison infrastructure. It also holds state and local officials accountable for obstructing criminal law enforcement or violating civil rights.

Specifically, it directs the Attorney General to prosecute officials who

willfully and unlawfully direct the obstruction of criminal law, including by directly and unlawfully prohibiting law enforcement officers from carrying out duties necessary for public safety and law enforcement; or

unlawfully engage in discrimination or civil-rights violations under the guise of “diversity, equity, and inclusion” initiatives that restrict law enforcement activity or endanger citizens.

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arrested-8303916_1280In the latest clash between the Trump administration and the judiciary—Milwaukee County Circuit Court Judge Hannah Dugan has been arrested by agents from the Federal Bureau of Investigation (FBI) for accusations of helping a man evade immigration authorities.

This all went down on Friday April 25th after allegations that the judge directed an undocumented immigrant and his lawyer to exit her courtroom through a side door after learning that federal immigration agents were waiting in the hallway to arrest him.

Upon being spotted by agents outside the courthouse, the man was pursued on foot and was ultimately taken into custody.

These actions have prompted a showdown over allegations of obstruction of justice amid Trump’s immigration crackdowns. The U.S. attorney general Pam Bondi has accused the judge of interfering with the government’s enforcement priorities claiming the arrest sends a “strong message” to judges that they will be prosecuted if they “escort a criminal defendant out a back door.”

The circumstances surrounding the judge’s arrest remain unclear. What is known is that six federal officers descended upon the Milwaukee County Courthouse to arrest Eduardo Flores-Ruiz, a Mexican national attending a court hearing to respond to battery charges in connection with a criminal complaint filed by his roommate.

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sam-balye-w1FwDvIreZU-unsplash-scaled

Following a wave of lawsuits from international students whose visas and Student and Exchange Visitor Information System (SEVIS) records were terminated without prior notice, the Trump administration has suddenly changed its course.

In recent weeks, U.S. Immigration and Customs Enforcement (ICE) has begun reinstating SEVIS records that were previously terminated, after seemingly recognizing that the government did not go through the appropriate channels to do so.

Over the past month, it is estimated that the State Department and ICE collectively cancelled over 300 F-1 student visas and terminated more than 4,736 SEVIS records primarily due to student encounters with law enforcement, criminal charges that were dismissed, and old misdemeanors pre-dating visa issuance. These SEVIS terminations automatically exposed students to unlawful presence in the United States, and the risk of deportation.

It was further discovered that ICE utilized AI assisted programs to screen the social media posts of F-1 international students and terminated their legal status based on antisemitic activity or alleged support for terrorist organizations such as Hamas and Hezbollah.

In response, students across the country sued the government to preserve their status, leading federal judges to issue a series of emergency orders to stop the government from cancelling visas and SEVIS records.

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tingey-injury-law-firm-S2rcAJbBxX0-unsplash-scaledWe are pleased to report that on April 14, 2025, a Massachusetts federal judge issued a temporary nationwide injunction, suspending the Department of Homeland Security’s (DHS) termination of the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs. The termination was set to take effect on April 24, 2025, and would have ended parole authorization and any associated benefits, including work authorization for individuals in the United States under the CHNV parole programs. The judge’s decision suspends the Trump administration’s cancellation of these programs.

What You Need to Know

  • A federal district court judge has issued a temporary nationwide injunction immediately blocking the Department of Homeland Security from terminating the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) parole programs, which were expected to terminate on April 24, 2025.
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registration-7273476_1280Starting April 11, 2025, USCIS will begin requiring certain foreign nationals to register with the agency and submit to fingerprinting if they remain in the United States for 30 days or longer. Foreign nationals who remain in the U.S. for less than 30 days are not required to register.

Failure to comply may expose you to criminal or civil penalties, but registering also means providing sensitive personal information to USCIS that may be used in future enforcement actions.

This makes it important for noncitizens to seek the guidance of an immigration attorney. (See important warnings below.)

In this blog post you will learn what the registration requirement is about, who is required to register, the risks of registering, and information about the registration process.

What is the Alien Registration Requirement?

The requirement for foreign nationals to register with the U.S. government is not new—it began in 1940, when Congress first passed a law requiring all foreign nationals to register with the federal government, to provide biographic details (fingerprints), and carry proof of their registration.

Most foreign nationals have been unaware of this requirement because the vast majority are considered “automatically registered” when undergoing the routine visa issuance process and lawfully entering the United States through a port of entry.

However, the alien registration requirement had one glaring flaw. Those who entered the country unlawfully had no way to comply with the registration requirement and meet their obligations under the law.

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may-4999078_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the May 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of May.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of May.

Please click here for more information.

Highlights of the May 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of May?

Employment-Based Categories

Dates for Filing Advancements

  • No change

Final Action Advancements & Retrogressions

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

EB-3 Other Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

EB-5 Unreserved Categories (C5, T5, I5, and R5)

  • India will retrogress by 6 months to May 1, 2019

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student-5473769_1280F-1 International Students at university campuses across the country have been rocked by alarming reports that their visas and SEVIS records have been suddenly terminated by U.S. Immigration and Customs Enforcement (ICE), without any prior notice to the university or the student.

This new wave of SEVIS terminations which began early this month has led to a string of lawsuits filed in federal district court, challenging the legality of the terminations.

School officials became aware of terminated F-1 student records only after conducting checks of the Student & Exchange Visitor Information System (SEVIS) system. The records of those impacted simply state that the visa revocations were due to an immigration status violation.

The following three generic classifications have been provided for the terminations:

  • Termination based on serious adverse foreign policy consequences
  • Student identified in a criminal records check
  • Student identified in criminal check and/or has had their visa revoked

No further details regarding the reason for the terminations have been provided by the government, nor were school officials notified of actions taken.

What is SEVIS?

The Student and Exchange Visitor Information System (SEVIS) is an online system used by the U.S. Department of Homeland Security (DHS) to maintain information on Student and Exchange Visitor Program (SEVP)-certified schools, F-1 and M-1 students who come to the United States to begin a program of student.

Designated school officials use SEVIS to issue Forms I-20 to specific nonimmigrants to obtain F or M status while enrolled at the school and to satisfy their legal responsibilities.

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criminal-8444883_1280The unthinkable has now become a reality. In a recent court filing, the U.S. government disclosed that the Internal Revenue Service (IRS) has agreed to disclose protected tax records to aid Immigration and Customs Enforcement (ICE) in the mass deportation of undocumented immigrants.

The existence of this agreement was initially reported by the New York Times and was revealed in response to a lawsuit brought by Centro de Trabajadores Unidos and Immigrant Solidarity Dupage two immigrant worker organizations, against the IRS to prevent them from engaging in the unauthorized disclosure of taxpayer information for purposes of immigration enforcement.

Under the terms of the deal, ICE officials can request information from the IRS about undocumented immigrants they are investigating for failing to leave the country after receiving a final order of removal from a judge.

This news has caused panic among undocumented immigrants who do not want to file their taxes for fear of being deported.

Many will certainly be discouraged from filing their taxes as they have typically done using an Individual Taxpayer Identification Number (ITIN). An ITIN number is issued by the IRS to people who are not citizens and are not otherwise eligible to receive a Social Security number to comply with their tax obligations.

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