Visa Lawyer Blog

Articles Posted in Undocumented Immigrants

by
8566361276_1c793d2502_b

Ken Cuccinelli Photo by Gage Skidmore
Source: Flickr

New developments in the world of immigration have just emerged. The director of the United States Citizenship and Immigration Services (USCIS), L. Francis Cissna, has been forced to resign.

Cissna has served under the Trump administration since October 2017. During his tenure, Cissna oversaw major policy changes within the agency, including the President’s travel ban, the court’s rebuke of the travel ban, the termination of the DACA program, and the Trump administration’s efforts to limit asylum processing for Central Americans.

Continue reading

by

honduras-987023_1920
TPS Designations for Nepal and Honduras Will Continue

Today, May 10, 2019, the Department of Homeland Security provided a notice in the Federal Register about their decision not to terminate the Temporary Protected Status designation of Honduras and Nepal.

Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS status, pending the resolution of the case Ramos v. Nielsen and any appeals that follow.

Continue reading

by

girl-982119_1920
The White House recently issued a Presidential Memorandum to strengthen asylum procedures and safeguard the asylum system against fraud.

The Presidential Proclamation specifically orders the Attorney General and Secretary of Homeland Security to take several measures to enhance the security of the asylum system by July 28, 2019.

These measures require the Attorney General and Secretary of Homeland Security to enact proposals and/or regulations that would:

Continue reading

by

graphic-3315401_1280

On April 22, 2019, the White House issued a memorandum seeking to curb the high rates of nonimmigrant overstays for nationals from certain countries.

Specifically, the memorandum identifies aliens who overstay their period of lawful admission under the terms of their visa or Visa Waiver Program.

The memorandum instructs the Secretary of State to identify conditions that contribute to the high rates of overstay of nationals from countries in which the total overstay rate is greater than 10 percent in the combined B-1/B-2 nonimmigrant visa category, based on the DHS 2018 Entry/Exit Overstay Report.

Within 180 days, the President has instructed the Secretary of State, Attorney General, and Secretary of Homeland Security to come up with a plan to curb B-1/B-2 visa overstay rates with respect to identified countries of interest. Such a plan may include the suspension or limited entry of individuals of those countries holding B-1 or B-2 visas, targeted suspension of visa issuance for certain nationals, limits to duration of admission, etc.

Continue reading

by
37171881145_635c9606b5_c

Flickr: mollyktadams

House Democrats are making a move to help Dreamers achieve permanent residence. A new bill dubbed HR 6, the Dream and Promise Act, seeks to provide undocumented immigrants who came to the United States as children, the opportunity to obtain permanent residence. In addition, the bill includes a proposal that would allow certain types of immigrants fleeing war or natural disasters the opportunity to apply for permanent residence.

The Dream and Promise Act would cancel the removal (also known as “deportation”) of and grant conditional permanent resident (CPR) status to a person who is inadmissible or deportable from the U.S. if the person:

  • has been continuously physically present in the U.S. for at least four years before the date of the bill’s enactment;
  • entered the U.S. before turning 18;
  • (a) has been admitted to a college, university or other higher educational institution; or (b) has earned a high school diploma, GED, or equivalent post-secondary education credential; or (c) is enrolled in a secondary school or education program that assists students in obtaining a high school diploma, GED or similar state-authorized exam, certificate or credential from a career or technical school providing education at the secondary level,or in obtaining a recognized post-secondary credential;
  • provides biometric and biographic data, with alternative procedures available for those with physical impairments;
  • passes a background check;
  • registered for military selective service if required to;
  • pays a fee no greater than $495, though fee exemptions may apply;

Continue reading

by

judge-1587300_1920
A new report released by CBS news estimates that the immigration court system could face a staggering backlog of more than one million cases, if the government shutdown extends into February and March.

According to the report, Minnesota, Pennsylvania, and Kentucky in particular will be the most affected, owing to a surge of Central American immigration that has caused significant backlogs in these state’ systems.

The government shutdown has now entered its 30th day, with no end in sight. Immigration judges have been forced to postpone hundreds of hearing that had been scheduled months or even years in advance. The only cases that have not been impacted by the shutdown are those of detained immigration seekers. All other non-detained individuals have had their hearings cancelled.

Continue reading

by

This evening the President of the United States delivered his first primetime address from the Oval Office to gain support from the American people to build a border wall along the U.S./Mexico border.

The President’s speech comes 17 days into a partial government shutdown that has left thousands of federal government employees without a paycheck.

Continue reading

by

16058861903_07dc702d78_z

The government shutdown has now entered its 13th day with no agreement in sight between the President and lawmakers to settle government funding for the President’s wall along the U.S./Mexico border.

Today, January 3, 2019, the President awoke to a newly convened House of Representatives, now controlled by the Democratic party. The Speaker of the House, Nancy Pelosi, is now seeking to pass legislation to re-open the government but will be unable to do so without support from the Republican-led Senate.

Republican Senate Majority Leader Mitch McConnell stated that the Senate would not vote to pass any legislation that did not concede to the President’s demands to fund the wall.

The President tweeted Wednesday evening his willingness to continue talks with Democrats “to pass a bill that secures our borders, supports the agents and officers on the ground, and keeps America safe.”

Continue reading

by

ireland-1312438_1280
The House Proposes to Extend the E-3 Program to Irish Nationals

On November 20, 2018, the House of Representatives introduced H.R. 7164, a bill proposing to add Ireland to the E-3 nonimmigrant visa program. Currently, the E-3 visa program is available to American employers seeking to hire Australian nationals to perform services in a specialty occupation for a temporary period of time.

The E-3 visa program functions much like the H-1B program. The program is governed by the same labor certification standards that apply to the H-1B visa program, and much of the same evidence is required. The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually for Australian nationals.

Continue reading

by

6690388609_763c83459f_z

The immigrant caravan from Central America has now reached the Southwest border. Thousands of migrants are now waiting in Tijuana for an opportunity to apply for asylum at the San Ysidro and Otay Mesa ports of entry.

Over the Thanksgiving weekend, tensions begin to mount as members of the immigrant caravan rushed the border fence at the San Ysidro port of entry, attempting to enter the United States illegally. In response, U.S. Customs and Border Protection officers shut down both south and northbound traffic at the San Ysidro border crossing south of San Diego for approximately six hours.

The decision to close the San Ysidro port of entry during the holiday weekend was unprecedented considering that the San Ysidro port of entry is one of the busiest land border crossings in the world with 70,000 northbound vehicles and 20,000 northbound pedestrians seeking to cross each day. Many Americans were left stranded in Mexico waiting for the port of entry to re-open to re-enter the country after Thanksgiving.

The saga unfolded on November 25, 2018 when San Diego MTS suspended trolley services at the San Ysidro Transit Center due to increased tensions at the border. Passengers seeking to cross into Mexico were forced to transfer to bus routes traveling to the Otay Mesa border. In similar fashion, Caltrans San Diego announced several closures.

Continue reading