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On July 16th, 2021, a federal court overseen by Judge Hanen in Texas ruled that the Deferred Action for Childhood Arrival (DACA) program is unlawful because the Department of Homeland Security did not properly follow the mandated rule-making process as proscribed in the Administrative Procedures Act. Other federal courts, however, had already determined that the […]
During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law. The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010 […]
The Biden administration is making many changes to immigration policy. One big change is the elimination of the “zero tolerance” policy of the Trump administration. An NPR article by Jaclyn Diaz does a good job summarizing this change. In short, under the zero tolerance policy, “adults who entered the U.S. from the southern border were […]
Although originally touted as a 90-day restriction on immigration, the Trump travel ban has kept apart thousands of immigrant families from 13 countries for nearly four long years. Now that the Biden administration has reversed much of this ban, the State Department will develop plans to reconsider thousands of visa denials that were issued under […]
The immigration system is separate from the criminal system, but they are also connected. The fact is that 70% of ICE arrests happen after an immigrant leaves the state prison or jail. Also, a criminal conviction can mean that your immigration status is in jeopardy, and you may be forced to remain in prison or […]
Presidential Proclamations 10014 and 10052 suspended the entry of certain immigrants and nonimmigrants until December 31, 2020. However, there are certain exceptions for individuals whose travel to the United States would be in the national interest that have been updated by the Department of State as of July 22, 2020. For example, exceptions are available […]
The Department of State (DOS) is clarifying some aspects on what kind of individuals may qualify for the national interest exemptions under Presidential Proclamations 9993 (Schengen Area) and 9996 (United Kingdom and Ireland). On July 16, 2020, a notice was issued by the DOS that stated “certain business travellers, investors, treaty traders, academics, and students” […]
In response to several lawsuits, the Trump administration backs down from its proposed policy to invalidate student visas for those attending online only courses dues to the COVID-19 pandemic. Here is the article about this recent development written by John Kruzel and published on The Hill: The Trump administration on Tuesday rescinded a policy that would […]
The public charge rule is in place so that “an alien who is likely at any time to become a public charge” will be “generally inadmissible to the United States and ineligible to become a lawful permanent resident.” There are certain public benefits such as public housing or federally funded Medicaid that if received by […]
When President Trump issued his “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” on April 22, 2020, the proclamation made no exception for the visa applications of minors under the age of 21 whose family members reside as lawful permanent residents in […]
