Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the most recent updates in the world of immigration including important information about the continuation of the International Entrepreneur Parole Program, the Department of Homeland Security’s recent decision to withdraw a biometrics rule that would have required biometrics to be taken for every applicant, the current status of interview waivers being granted during the COVID-19 pandemic, and finally new policy guidance issued by USCIS that provides deference to previous decisions for those filing extension requests with the agency.
Want to know more? Keep on watching.
Overview
The Continuation of the International Entrepreneur Parole Program
Today, May 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will be withdrawing a notice of proposed rulemaking first initiated under the Trump administration, which sought to terminate the International Entrepreneur Parole Program, a program first proposed by President Obama to facilitate the immigration of foreign entrepreneurs to the United States.
The proposed rule, “Removal of International Entrepreneur Parole Program,” was first issued by the Trump administration on May 29, 2018, shortly after President Trump signed Executive Order 13767 “Border Security and Immigration Enforcement Improvements,” into law. The proposed rule was masterminded by the Trump administration to ultimately delay the planned implementation of the program on July 17, 2017, with the goal of eventually dismantling it altogether.
To hinder the implementation of the program, with the passage of Executive Order 13767, former President Trump narrowed the pool of applicants who could become eligible for “parole,” and directed federal agencies to “ensure that parole authority under section 212(d)(5) of the INA is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances when an individual demonstrates urgent humanitarian reasons, or a significant public benefit derived from such parole.”
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new Presidential Proclamation passed by President Joe Biden, that temporarily restricts and suspends the entry of nonimmigrants into the United States, who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States.
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Overview
In response to the magnitude and high number of confirmed cases of COVID-19 in the Republic of India, the White House has made the decision to initiate a Regional COVID-19 related Presidential Proclamation, temporarily restricting and suspending the entry of nonimmigrants from the Republic of India into the United States. Those impacted will include any nonimmigrant who has been physically present within the Republic of India during the 14-day period preceding his or her entry or attempted entry into the United States.
As has been the case with previous COVID-19 Regional Presidential Proclamations, the following categories of nonimmigrants will NOT be impacted by this Proclamation:
Section 1 of this Presidential Proclamation does not apply to:
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a breaking news update: President Biden has issued an executive order immediately revoking Presidential Proclamation 10014 issued by the Trump administration.
What does this revocation mean for you and what will happen next?
Keep on watching to learn more.
Overview
We are very excited to report that President Biden has lifted the immigration visa ban known as Presidential Proclamation 10014, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”
Proclamation 10014, issued on April 23, 2020, immediately stopped the issuance of visas at U.S. Consulates and Embassies worldwide for the following individuals:
Spouses and children of green card holders (US citizens were not affected) applying at the consulate
Parents of US citizens applying at the consulate
Brothers and sisters of US citizens applying at the consulate
Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
Diversity visa winners
EB1A extraordinary abilities and their family applying at the consulate
PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the latest immigration update regarding President Biden’s plans to reverse Presidential Proclamations 10014 and 10052 passed under former President Donald Trump.
Want to know more? Keep on watching for more information.
Overview
First, let’s recap Presidential Proclamations 10014 and 10052. What are these Proclamations all about?
Presidential Proclamation 10014
Back in April of 2020, former President Trump issued Presidential Proclamation 10014 which imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain aliens.
Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:
Spouses and children of green card holders (US citizens were not affected) applying at the consulate
Parents of US citizens applying at the consulate
Brothers and sisters of US citizens applying at the consulate
Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
Diversity visa lottery winners
EB1A extraordinary abilities and their family applying at the consulate
PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some breaking news in the world of immigration. On January 26, 2021, a federal judge in Texas temporarily blocked the Biden administration’s 100-day pause on deportations.
Want to know more? Keep on watching for more information.
Overview
The Biden administration is facing its first legal challenge. We recently learned that a federal judge from the U.S. District Court for the Southern District of Texas has granted a 14-day nationwide temporary restraining order that immediately blocks the Biden administration’s efforts to put a 100-day pause on deportations.
How did this happen?
The federal judge’s decision came after the Attorney General of Texas filed a lawsuit requesting a temporary restraining order to stop the Biden administration from pausing deportations.
Judge Drew B. Tipton, appointed by former President Donald Trump, ultimately agreed with the State of Texas that Biden’s suspension of deportations violates the Administration Procedure Act (APA), as well as key provisions of the INA which mandate that aliens with final orders of removal be deported within 90 days.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about President Biden’s newly signed executive orders on immigration and his administration’s new legislative bill.
Want to know more? Keep on watching for more information.
Overview
On January 20, 2021, in his first day in office, President Biden signed a series of executive orders relating to immigration. In this video, attorney Jacob Sapochnick discusses what these executive orders will mean for you and what we may expect to see from the Biden administration in the months ahead with respect to comprehensive immigration reform.
Fact Sheet on Immigration
The Biden administration unveiled a brand new immigration reform bill entitled, the U.S. Citizenship Act of 2021, which proposes to overhaul the United States immigration system.
The bill includes a number of new reforms designed to streamline the immigration system and create a pathway to citizenship for undocumented immigrants. To become law, the bill must still pass both houses of Congress including the U.S. House of Representatives and the Senate.
These reforms are as follows:
Offers an 8-year path to citizenship for millions of people who were living in the United States unlawfully on Jan. 1, 2021. They would be eligible to apply for a green card after 5 years in a temporary status if they pass background checks and pay their taxes and could then apply for citizenship 3 years later.
Allows people with Deferred Action for Childhood Arrivals (DACA) protection, a group known as “Dreamers”, who were brought to the United States illegally as children, farmworkers and people with Temporary Protected Status to immediately apply for a green card if they meet specific requirements. They would have a 3-year path to citizenship.
Permits certain immigrants who were deported during the Trump administration and had previously lived in the United States for three years to return to reunite with family or for other humanitarian reasons.
Raises annual per-country limits on family-based immigration and eliminates them for employment visas.
Introduces changes to ease the U.S. citizenship application process.
Increases the diversity visa lottery program visa quota from 55,000 to 80,000.
Exempts spouses and children of green card holders from employment-based immigration quotas, expanding the number of green cards available to employment-based immigrants.
Scraps multi-year bars to re-entry for certain people who lived in the United States illegally and then left.
Clears family-based and employment-based visa backlogs.
Provides work permits to dependents of H-1B visa holders.
Authorizes regional processing centers in Central America to register and process people for refugee resettlement and other legal migration programs.
Authorizes funding for legal counsel for vulnerable populations of migrants, such as children.
Increases the number of immigration judges working in the court system.
Eliminates the 1-year filing deadline for asylum applications.
Changes the word “alien” to “noncitizen” in U.S. immigration laws.
Immigrants with approved family-sponsored petitions (I-130) can join family members on a temporary basis while they wait for their green cards to become available.
New immigration protections for widows and children of second World War veterans.
For more detailed information about the U.S. Citizenship Act of 2021 please click here.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses what’s ahead for U.S. immigration law in 2021.
Want to know more? Keep on watching for more information.
Overview
As we enter the Biden administration, many of our readers want to know what’s possible in the world of immigration law. What might President Biden do within his first 100 days in office and how might his decisions impact immigration?
We anticipate that U.S. immigration policies will experience an overhaul under the Biden administration beginning on January 20th when he takes office. His administration will likely focus on undoing many of the harmful and restrictive policies passed during the last four years by President Donald Trump. We believe that litigation will slowly die down as the need to challenge President Trump’s policies disappears.
Biden’s policies in general will favor the expansion of temporary work visas for highly skilled professionals which we believe will benefit U.S. companies seeking to hire more foreign talent.
Biden’s transition to the presidency will also have the likely effect of encouraging many families to begin working on their immigration processes to legalize their status in the United States.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update regarding the President’s recent decision to extend Presidential Proclamations 10014 and 10052.
Want to know more? Keep on watching for more information.
Overview
First and foremost, we would like to wish our readers a very Happy Near Year. We hope that the new year brings many positive developments in the world of immigration law, especially with the changing administration on January 20th.
In this post we update you regarding a recent decision made by President Trump to extend his previously issued Proclamations known as Proclamation 10014 and 10052 until March 31, 2021.
What are these proclamations?
On April 22nd, President Trump issued P.P. 10014 entitled, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”
This proclamation created a 60-day ban on the issuance of new visas at U.S. Consulates and Embassies abroad and limited entry to the United States for a wide variety of people. The Proclamation was set to expire on June 22, 2020 but was further extended by the issuance of Proclamation 10052 until December 31, 2020.
Specifically, Proclamation 10014 applied to:
Aliens who were outside of the United States on the effective date of the Proclamation (April 23)
Aliens who did not have an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions relating to K-1 visas, the National Visa Center, and consular visa processing during the ongoing Coronavirus pandemic.
Want to know more? Keep on watching for more information.
Your Frequently Asked Questions
Q: How can I contact the National Visa Center?
A: Once your Form I-130 Petition for Alien Relative has been approved, your case will be transferred to the National Visa Center for further processing. Once pre-processing has been completed, your case will be forwarded to the U.S. Consulate or Embassy near you. At the NVC stage, you will be asked to provide additional supporting documentation including the affidavit of support, Form DS-260 Immigrant Visa Electronic Application, and other important documents.
To ensure all of your supporting documentation has been received it is very important to maintain contact with the National Visa Center.
Q: Will immigration consider my priority date or approval date for interview?
A: For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.
Depending on the type of relationship you have to the U.S. petitioner, you may need to reference your priority date to determine when an immigrant visa (or green card) will become available to you.
Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:
The spouses of U.S. citizens;
The children (unmarried and under 21 years of age) of U.S. citizens;
The parents of U.S. citizens at least 21 years old; and
Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides some exciting news regarding a recent federal court order. The new order grants relief to diversity visa applicants selected in the DV lottery for fiscal year 2020 against Presidential Proclamations 10014 and 10052. As many of you are aware, on April 22nd the President issued Proclamation 10014, which temporarily suspended the entry of all immigrants into the U.S. for a period of two months, including that of diversity visa lottery winners. Two months later, the President issued Proclamation 10052, which extended the suspension until December 31, 2020, with limited exceptions that did not apply to diversity visa winners. In response to these Proclamations, a class action lawsuit was brought in federal court challenging its application. For purposes of this post, we discuss what this lawsuit means for DV-2020 selected applicants.
For more information on this important ruling please keep on watching.
Overview
Proclamations 10014 and 10052 imposed an unfortunate ban on the adjudication and issuance of immigrant visas for certain classes of immigrants, including winners of the DV-2020 lottery.
Following the issuance of Proclamations 10014 and 10052 – which did not exempt DV-2020 lottery winners from the ban – diversity visa lottery winners were left in limbo. The issuance of the Proclamation created a dilemma for winners because following their selection in the DV lottery, winners must apply for and receive a diversity visa by the deadline imposed for that fiscal year. For DV-2020 the deadline to receive a permanent visa was September 30, 2020. The ban on visa issuance for DV-lottery winners meant that applicants would not be able to meet the deadline to apply for a permanent visa, and as a result would forfeit their opportunity to immigrate to the United States.
Seeking relief from the ban, over one thousand plaintiffs joined together to file the lawsuit Gomez, et al. v. Trump, et al. in the United States District Court for the District of Columbia. The judge presiding over the case, Amit Mehta, concluded that DV-2020 lottery winners qualified for relief, but that non-DV applicants failed to demonstrate that they were entitled to relief.
Accordingly, federal judge Mehta issued the following orders:
As a preliminary matter, the court “stayed” (halted) the No-Visa Policy as applied to DV-2020 selectees and derivative beneficiaries, meaning that the government is prohibited from interpreting or applying the Proclamation in any way that forecloses or prohibits embassy personnel, consular officers, or any administrative processing center (such as the Kentucky Consular Center) from processing, reviewing, or adjudicating a 2020 diversity visa or derivative beneficiary application, or issuing or reissuing a 2020 diversity or beneficiary visa based on the entry restrictions contained in the Proclamations. Except as provided in 2 and 3 below, the order does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic or country conditions;
The government as defendants are ordered to undertake good-faith efforts, to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications, and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020, giving priority to the named diversity visa plaintiffs in the lawsuit and their derivative beneficiaries;
The court enjoins (stops) the government from interpreting and applying the COVID Guidance to DV-2020 selectees and derivative beneficiaries in any way that requires embassy personnel, consular officers, or administrative processing centers (such as the Kentucky Consular Center) to refuse processing, reviewing, adjudicating 2020 diversity visa applications, or issuing or reissuing diversity visas on the ground that the DV-2020 selectee or derivative beneficiary does not qualify under the “emergency” or “mission critical” exceptions to the COVID Guidance;
The court declines the requests of DV-2020 plaintiffs to order the government to reserve unprocessed DV-2020 visas past the September 30 deadline or until a final adjudication on the merits, however the court will revisit the issue closer to the deadline. The court ordered the State Department to report, no later than September 25, 2020, which of the named DV-2020 Plaintiffs in the lawsuit have received diversity visas, the status of processing of the named DV-2020 plaintiffs’ applications who have not yet received visas, and the number of unprocessed DV-2020 visa applications and unused diversity visas remaining for FY 2020;
Class recertification was denied for non-DV plaintiffs since they failed to demonstrate that they were entitled to preliminary injunctive relief; and
Finally, the court denied the request of non-DV plaintiffs to preliminary enjoin (stop) the government from implementing or enforcing Proclamations 10014 and 10052.
What happens next?
The court has required the parties to the lawsuit to meet and confer by September 25, 2020 for a Joint Status Report. At that time, the court will set the schedule to hear arguments from the parties and come to a final resolution of the lawsuit on the merits.
We hope that this information will help DV-2020 lottery winners breathe a sigh of relief. If you were selected in the DV-2020 lottery it is very important to proceed with your immigrant visa process as soon as possible. Applicants should consider applying with the assistance of an attorney to ensure the application process goes smoothly.
Where can I read more about this court order?
To read judge Mehta’s complete decision please click here.
Questions? If you would like to schedule a consultation, please text or call 619-569-1768.
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