Visa Lawyer Blog

Articles Posted in Donald Trump

by

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 consult with an immigration attorney before registering. (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.

Continue reading

by

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.

Continue reading

by

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.

Continue reading

by

winner-4443135_1280In this blog post, we bring you an important announcement regarding the H-1B visa fiscal year (FY) 2026 cap season.

Today, March 31st the U.S. Citizenship and Immigration Services (USCIS) announced that it received sufficient electronic registrations during the initial registration period to meet the annual numerical limitations for fiscal year 2026, including for the advanced degree exemption (also known as the master’s cap).

Due to this, the agency has completed the H-1B visa lottery and selected unique beneficiaries at random from the properly submitted electronic registrations to reach the H-1B cap.

As of today, March 31st USCIS has notified all prospective petitioners of their selection via their myUSCIS organizational accounts. Please be aware that only selected beneficiaries are eligible to file an H-1B cap-subject petition with USCIS.

Congratulations to all those who were selected!

How will I know if I was selected in the lottery?

Petitioners with selected registrations will have their myUSCIS online organizational accounts updated to include a selection notice, which includes details of when and where to file. If you submitted your electronic registration with the assistance of an attorney, you should contact your legal representative to determine whether you were selected in the randomized lottery and your next steps.

Please note that a registrant’s USCIS online account will show one of the following statuses for each beneficiary registered:

  • Submitted: The registration has been submitted and is eligible for selection. If the initial selection process has been completed, this registration remains eligible, unless subsequently invalidated, for selection in any subsequent selections for the fiscal year for which it was submitted.
  • Selected: Selected to file an H-1B cap petition.
  • Not Selected: Not eligible to file an H-1B cap petition based on this registration.
  • Denied – duplicate registration: Multiple registrations were submitted by or on behalf of the same registrant for the same beneficiary. If denied as a duplicate registration, all registrations submitted by or on behalf of the same registrant for this beneficiary for the fiscal year are invalid.
  • Invalidated –failed payment: A registration was submitted but the payment method was declined, not reconciled, or otherwise invalid.
  • Deleted: The submitted registration has been deleted and is no longer eligible for selection.

Continue reading

by

poster-7297156_1280

In President Trump’s latest legal battles, a federal judge from the U.S. District Court of Massachusetts has dealt a blow to the administration’s plans to fast-track the deportations of thousands of undocumented migrants with final orders of removal.

Today, federal judge Brian Murphy issued a nationwide temporary restraining order immediately blocking U.S. Immigration and Customs Enforcement (ICE) from deporting migrants from the United States to countries with which they have no existing relationship, without first providing them written notice and a meaningful opportunity to claim relief under the Convention Against Torture (CAT) for immigrants fearing persecution.

This decision was made in response to a lawsuit filed by a group of migrants challenging ICE policies that expedite the removal of undocumented immigrants released from detention to third countries.

The judge’s court order specifically prohibits the U.S. government from:

“Removing any individual subject to a final order of removal from the United States to a third country, i.e., a country other than the country designated for removal in immigration proceedings, UNLESS and UNTIL [the government] provide[s] that individual, and their respective immigration counsel, if any, with written notice of the third country to where they may be removed, and UNTIL Defendants provide a meaningful opportunity for that individual to submit an application for CAT protection to the immigration court, and if any such application is filed, UNTIL that individual receives a final agency decision on any such application.”

Continue reading

by

america-41776_1280It has been quite a whirlwind in the two months since President Trump has taken office.

From mass deportations to interrogations at U.S. ports of entry, the White House has delivered on their campaign promises to limit immigration by any means necessary.

Now we are learning that immigration enforcement is about to get even tougher for those in removal proceedings.

The Internal Revenue Service (IRS) is now cooperating with Immigrations and Customs Enforcement (ICE) to help officers verify the names and residential addresses of undocumented immigrants they are trying to deport from the United States.

Three government officials recently spoke with New York Times reporters revealing that the tax agency will be helping facilitate Trump’s mass deportations.

This shift in policy is extremely concerning given that thousands of undocumented immigrants provide information about where they are living when filing tax returns with the IRS using individual taxpayer identification numbers (ITINs) instead of Social Security numbers.

Initially, the IRS had refused Trump’s requests to hand over the residential addresses of undocumented immigrants in removal proceedings because federal law prohibits improper disclosure.

Continue reading

by

boeing-159589_1280A new article published in the New York Times reveals the 43 countries that are reportedly included in President Trump’s new travel ban, expected to be released by executive order on Friday March 21st.

According to anonymous government sources, the White House is considering a draft proposal establishing partial or full suspensions on entry to the United States for countries falling into three different tiers: red, orange, and yellow.

The “red” list of countries includes nationals whose entry to the United States would be barred for a temporary period that is yet to be determined by the U.S. government including:

  • Afghanistan
  • Bhutan
  • Cuba
  • Iran
  • Libya
  • North Korea
  • Somalia
  • Sudan
  • Syria
  • Venezuela and
  • Yemen

The draft proposal also includes an “orange” list of countries whose nationals would not be barred from the United States, but who must be properly vetted and screened at mandatory in-person visa interviews before gaining admission to the United States.

Continue reading

by

calendar-162126_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 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 April.

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 April.

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

Continue reading

by

ai-generated-8775943_1280We knew it was coming. The Trump administration is preparing to roll out a new ban on travel to the United States, restricting the entry of citizens from certain countries for which vetting and screening warrants a partial or full suspension of admission to the United States. This travel restriction is rumored to take place by executive action next week.

If this sounds like déjà vu, that’s because it is.

During his first term in office, in 2017 Trump signed Executive Order 13769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” which banned nationals from seven Muslim-majority countries from entering the United States for a period of 90 days.

This executive order caused international chaos, due to several key provisions:

  • It suspended the entry of immigrants and non-immigrants from seven predominantly Muslim countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days
  • The order indefinitely suspended the entry of Syrian refugees
  • It reduced the number of refugees to be admitted to the United States in 2017 to 50,000
  • The U.S. Refugee Admissions Program (USRAP) was suspended for 120 days

Implementation of this executive order led to controversy and numerous legal challenges:

  • More than 700 travelers were detained, and up to 60,000 visas were “provisionally revoked”
  • Protests and chaos erupted at airports across the country
  • Multiple lawsuits were filed in federal court challenging its constitutionality

Continue reading

by

judge-7602999_1280Last week the United States Citizenship and Immigration Services (USCIS) released a new policy memorandum that requires the agency to initiate removal proceedings after it denies an application for an immigration benefit, if the foreign national is no longer lawfully present in the United States.

Importantly, the memo exempts certain individuals including beneficiaries of employment-based petitions, but it does not exempt dependent family members.

The memorandum also broadens USCIS’s authority to begin removal proceedings for certain foreign nationals with previous criminal charges, arrests, or convictions.

It is effective immediately.

How will USCIS implement this policy?

Under this policy, USCIS will initiate removal proceedings against a foreign national by issuing a Notice to Appear (NTA) after it has denied an application for an immigration benefit, if the foreign national no longer has a lawful basis to remain in the United States.

The issuance of a Notice to Appear (NTA) commences removal (deportation) proceedings in immigration court. Those who are issued an NTA must appear on the scheduled date before a judge who will decide whether the foreign national has a lawful basis to remain in the country or should be removed.

Traditionally, Notices to Appear (NTAs) have been issued by Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP) officials.

However, USCIS also has the authority to issue NTAs in limited circumstances defined in policy memorandums issued by the agency.

Continue reading