Visa Lawyer Blog

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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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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.”

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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.

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statue-of-liberty-9275095_1280Today March 21, 2025, the Department of Homeland Security (DHS) released an advance copy of a notice in the Federal Register ending four Biden-era parole programs for Cuba, Haiti, Nicaragua, and Venezuela (CHNV).

When

The temporary parole period of aliens in the United States under the CHNV parole programs will terminate on April 24th (30 days from the date of the notice’s publication in the Federal Register)

Parolees without a lawful basis to remain in the United States following this termination of the CHNV parole programs must depart the United States before the program’s termination date.

Who will be impacted

Nationals from Cuba, Haiti, Nicaragua and Venezuela who flew to the U.S. under Biden’s CHNV humanitarian parole program.

Parolees granted admission under CHNV were given a temporary two-year parole period to remain in the U.S., work authorization, and protection from deportation. The purpose of the program was to reduce illegal immigration at the southern border and provide alternative legal avenues.

Approximately 532,000 nationals entered the United States using this program.

Termination of Employment Authorization Documents

Parole-based employment authorization for CHNV parolees will also automatically terminate on April 24th and will be revoked pursuant to 8 CFR 274a.14(b).

Expedited Removal

Following parole termination, DHS intends to promptly remove aliens who entered the United States under the CHNV parole programs, who do not depart the United States before their parole termination date and who do not have any lawful basis to remain in the United States.

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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.

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interview-4783433_1280On February 18, 2025, the U.S. Department of State (DOS) announced new changes to the Visa Interview Waiver program, further adding to the unpredictability of the Trump administration.

Among these changes, the State Department has limited the categories of non-immigrants who are eligible to receive waivers of the in-person interview requirement.

Moving forward only the following individuals may qualify:

  • Applicants classifiable under the visa symbols A-1, A-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1 through NATO-6, or TECRO E-1;
  • Applicants for diplomatic- or official-type visas; and
  • Applicants who previously held a visa in the same category that expired less than 12 months prior to the new application

Additionally, those seeking interview waivers must also meet the following requirements:

  • apply in their country of nationality or residence
  • have never been refused a visa (unless such refusal was overcome or waived); and
  • have no apparent or potential ineligibility.

Previously, non-immigrant visa applicants applying for visa renewals in the same visa category could seek an interview waiver if their visa was expiring within 48 months. The Trump administration has now cut this time to just 12 months.

This means that renewal applicants with visas that expired past the 12-month window will be required to attend in-person interviews at a U.S. Consulate or Embassy.

These visa restrictions along with Trump’s recent executive order requesting Consulates to fire visa officers and local employees, means that wait times for visa appointments will drastically increase, especially in countries already facing severe backlogs.

The State Department has said that visa renewal applicants who qualify for an interview waiver based on the previously stated guidelines may still be required to attend an in-person interview by the Consulate. This is because the interview waiver process is discretionary. It is never guaranteed.

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staff-6779620_1280We bring you this breaking news to inform our readers that the Trump administration has ordered U.S. Embassies and Consulates worldwide to begin the process of firing its staff members and has taken further actions to dramatically change the operations of the foreign service moving forward.

The U.S. foreign service is the diplomatic branch of the Department of State that is responsible for representing U.S. interests abroad. This includes the issuance of U.S. visas at U.S. Consulates and Embassies worldwide.

These changes have been made in response to President Trump’s executive order entitled, “One Voice for America’s Foreign Relations,” signed on February 12th.

The President’s executive order calls upon the Department of State headed by Marco Rubio to make dramatic changes to the way foreign U.S. Consulates and Embassies operate.

This includes making the following changes:

  • Consular officers and employees must faithfully implement the President’s foreign policies
  • Failure to implement the President’s agenda will be grounds for professional discipline, which may result in firing Consular personnel
  • The Secretary of State will change the foreign service to better align with the President’s foreign policy agenda
  • These reforms include making changes to the recruitment, performance, evaluation, and retention standards of foreign service employees including U.S. Consular officers
  • The Secretary of State will make revisions and replacements to the Foreign Affairs Manual (FAM). The Foreign Affairs Manual (FAM) is an authoritative source used by Consular officers when issuing U.S. visas at Consulates and Embassies worldwide
  • The Secretary of State will direct subordinate agencies to remove, amend, or replace any handbooks, procedures, or guidance which are used by Consular officials when issuing U.S. visas at posts worldwide

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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