Articles Posted in Executive Actions

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What’s happening with DACA today?

In this post, attorney Jacob Sapochnick talks all about the state of DACA (Deferred Action for Childhood Arrivals) and what you should know as a recipient of DACA.

In September of 2017 the Trump administration announced that it would be ending the DACA program, which allows undocumented immigrants who came to the U.S. as children to live and work in the United States without fear of deportation.

Attorney General Jeff Sessions spoke on behalf of the administration and said that USCIS would not accept new requests for DACA but would allow DACA recipients with work permits expiring between September 2017 and March 5, 2018 to apply for a final 2-year renewal of their status including employment authorization.

This announcement put considerable pressure on Congress to pass legislation before March 5, 2018 to protect Dreamers from deportation.

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26961961_10155987172608766_8750688692100538053_oIt is our great pleasure to announce that on January 12, 2018, our office successfully negotiated the release of Orr Yakobi from the Otay Mesa Detention Center. As previously reported, Orr Yakobi was detained by the United States Customs and Border Protection on January 8th, after he and a friend made a wrong turn that led their vehicle out of the United States and into Mexico.

Yakobi, an Israeli national, was brought to the United States at a young age by his parents and was under the protection of the Deferred Action for Childhood Arrivals program (DACA). Under the conditions of the program, a DACA recipient may not leave the United States unless they have applied for and received a special travel permit from USCIS known as “advance parole” which allows the individual to re-enter the United States without issue. Failure to present an advance parole document will result in the questioning and likely detention of the individual.

Unfortunately for Yakobi, CBP officials refused to consider that his departure was purely accidental. Although Mr. Yakobi explained that he and his friend intended to take the 805 Northbound which would have taken them on their way home, instead of the 805 Southbound, officials still decided to detain him.

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With the help of our outstanding community, members of Congress, and the media, our office had the unique opportunity to advocate for Mr. Yakobi, a soon to be graduate of the University of California, San Diego. We are proud to represent Dreamers like Orr Yakobi, who contribute enormously to our economy, and make our country a better place.

For more information about his release please click here.

For more information about the services we offer please visit our website.

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In this video attorney Jacob J. Sapochnick answers your immigration questions live on Facebook.

In this session, Jacob discusses what is new in immigration, and answers your immigration questions relating to applications for permanent residence (I-485 adjustment of status), H-1B visas, citizenship, traveling outside of the United States as a permanent resident, global delays in visa issuance, the future of DACA under the Trump administration, consequences of overstaying your visa, and much more.

Please remember to follow us on Facebook, Youtube, Twitter, and Instagram to catch our next live stream. If you have any questions please contact our office or e-mail jacob@h1b.biz.

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En este video, Melina Rodriguez, de la oficina de Jacob Sapochnick habla de las nuevas ordenes ejecutivas firmadas por el Presidente Donald Trump que afectan a los inmigrantes y extranjeros. Para mas informacion sigan el enlace. Como siempre si usted tiene una pregunta migratoria o necesita una consulta legal, llámenos hoy para su primer cita gratuita. Tenemos hispanohablantes para servir a nuestra comunidad hispana.

Para mas informacion sobre los servicios que nuestra oficina ofrece, visite nuestro sitio de web aqui. Es nuestro placer poder contar con su confianza. Nuestro equipo esta aqui para servirles con cualquier incertidumbre.

Recuerde que nos puede encontrar en Facebook, Youtube, Twitter, and Instagram.

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In this video attorney Jacob J. Sapochnick provides a recap on what has happened during Donald Trump’s first 50 days as President of the United States.

On Monday March 6, 2017 President Trump signed a new executive order that will restore the travel ban on citizens of 6 Muslim-majority countries for a 90-day period beginning 12:01 a.m. eastern time on March 16, 2017. In addition, the order will restore the travel ban on refugees under the US Refugee Admissions Program and implement a suspension on all decisions for applications for refugee status for a period of 120-days from March 16, 2017.

What you need to know

Beginning March 16, 2017 at 12:01 AM the 90-day ban will be implemented for citizens of Syria, Iran, Libya, Somalia, Sudan, and Yemen who are outside of the United States, who do not have a valid U.S. visa as of the date of the order, or permanent resident card to travel to the United States. Iraq is no longer subject to the travel ban.

What has changed?

1. The executive order removes Iraq from the list of Muslim majority countries, whose citizens will no longer be prevented from seeking admission to the United States.
2. The provision banning the admission of Syrian refugees indefinitely has been removed, although applications for admission will not be decided during the 120-day period
3. Refugees who have already been formally scheduled for transit to the United States by the State Department will not be affected by the 120-day travel ban on refugees
4. No provisions have been added regarding the impact on parole
5. US officials will no longer prioritize religious minorities when considering applications for refugee admission

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In this Facebook live stream, immigration attorneys Jacob J. Sapochnick and Laurel Scott discuss the impact of the President’s Executive Orders, the Ninth Circuit’s refusal to reinstate the travel and refugee ban, and what the future of immigration looks like from here. Don’t forget to like our Facebook page to join in on future Live streams.

By federal court order, the Ninth Circuit Court of Appeals, has decided that it will not reinstate President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States.” This means that the President’s 90-day travel ban of foreign nationals from seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) will no longer be enforced, as well as the 120-day suspension of the U.S. Refugee Admissions Program barring Syrians from seeking refugee admission to the United States. The government is likely to appeal the Ninth Circuit’s decision to the United States Supreme Court or seek a ruling “en banc.”

The Department of Homeland Security and Customs and Border Protection released the following statement, “In accordance with the judge’s ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States. This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.” This means that the Executive Order will no longer bar the entry of immigrant and non-immigrant travelers from the seven Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) until a Court rules otherwise. 

The United States Citizenship and Immigration Services issued a statement confirming that USCIS will continue to adjudicate and process applications and petitions filed for or on behalf of individuals in the United States, as well as applications and petitions for individuals outside of the United States, and applications for adjustment of status to permanent residence, irrespective of the beneficiary’s country of nationality. 

For more information about these executive orders please contact our office. Remember to follow us on Facebook, Youtube, Twitter, and Instagram 

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In this Facebook live stream, attorney Jacob J. Sapochnick discusses the legal significance of the Temporary Restraining Order (“TRO”) issued Friday, February 3, 2017, by a federal judge from the Western District of Washington. The TRO has temporarily suspended all provisions of  the President’s Executive Order entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” nationwide. This means that the travel ban on foreign nationals from the 7 Muslim-majority countries (Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen) has been suspended, and the U.S. Refugee Admissions Program has been reinstated. For more information please keep watching.

In his ruling, Judge Robart stated that after hearing arguments, the States adequately demonstrated that they have suffered immediate and irreparable harm because of the signing and implementation of the order, and that granting a TRO would be in the public interest. In addition he stated “the Executive Order adversely affects the States’ residents in areas of employment, education, business, family relations, and freedom to travel. These harms extend to the States. . . are significant and ongoing.” A three-judge panel from the Ninth Court Court of Appeals is expected to issue a final ruling on the Executive Order tomorrow.

Since issuance of the TRO, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” including “actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.”

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In this live stream, attorney Jacob J. Sapochnick discusses the executive orders handed down by Donald Trump and the impact these executive orders will have on immigrants. The most controversial of the executive orders is the order “Protecting the Nation from Terrorist Attacks by Foreign Nationals” that was handed down by President Donald J. Trump on January 27, 2017. The order temporarily bans the entry of immigrant (LPRs) and non-immigrants (visa holders) from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for a 90-day period, suspends the entry of Syrian refugees indefinitely, and terminates the visa waiver interview program.

Yesterday, January 28, 2017 a federal judge granted an emergency stay on this executive order. The stay will prevent the executive order from being enforced until a court can decide whether it is legal. The stay does not invalidate the executive order signed by Trump, but limits its enforcement on individuals who have already arrived in the United States. Individuals who have attempted to enter on valid visas, refugee status, or LPR status from the 7 majority Muslim countries must be released from detention.

Below is a summary of the main provisions of the order per the OFFICIAL signed executive order:

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In this segment, attorney Jacob J. Sapochnick answers one of your most frequently asked questions: What is the Execution Action on immigration all about? What will happen if DACA/DAPA passes? For the answer to this question please keep watching. For more information about these executive actions please click here.

Overview: 

On November 20, 2014, President Barack Obama introduced a series of executive actions on immigration. The most important aspects of his executive actions include the expansion of the Deferred Action for Childhood Arrivals program (DACA) program and the implementation of the new Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) program. The President also announced new initiatives to crack down on illegal immigration, prioritize deportation of felons and other criminals, require undocumented immigrants to pass a criminal background check, and enforce payment of taxes by granting eligible undocumented immigrants temporary protection from deportation. Applications for the expanded DACA and new DAPA program were supposed to begin to be accepted on February 18th however a federal court order has suspended these programs from going into effect. The Supreme Court will hear arguments for the lawsuit challenging DACA/DAPA (United States v. Texas) today April 18, 2016 with a final decision expected in June.

From the USCIS website:

The Executive Action initiatives include:

  • Expanding the population eligible for the Deferred Action for Childhood Arrivals (DACA) program to people of any current age who entered the United States before the age of 16 and lived in the United States continuously since January 1, 2010, and extending the period of DACA and work authorization from two years to three years; 
  • Allowing parents of U.S. citizens and lawful permanent residents to request deferred action and employment authorization for three years, in a new Deferred Action for Parents of Americans and Lawful Permanent Residents* program, provided they have lived in the United States continuously since January 1, 2010, and pass required background checks;
  • Expanding the use of provisional waivers of unlawful presence to include the spouses and sons and daughters of lawful permanent residents and the sons and daughters of U.S. citizens;
  • Modernizing, improving and clarifying immigrant and nonimmigrant visa programs to grow our economy and create jobs ;
  • Promoting citizenship education and public awareness for lawful permanent residents and providing an option for naturalization applicants to use credit cards to pay the application fee; 

For more information please contact our office for a consultation.

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In this segment, attorney Jacob J. Sapochnick discusses how President Barack Obama’s Executive Actions on immigration can benefit employment-based visa holders. To learn more about the status of the Executive Actions please click here. For information about employment-based green cards click here.

Overview:

How can individuals in the United States under an employment-based visa benefit from Obama’s executive actions on immigration?

  • Visa allocation for highly skilled workers is likely to improve visa processing;
  • The government will work with the State Department to ensure that all visas authorized by Congress will be issued to people who are eligible;
  • Visa issuance backlogs will likely improve;
  • The process for determining visa availability likely to improve;
  • Rules will be put in place so that priority dates will be preserved for people who are in the process of changing jobs;

More questions? Please contact us for a consultation.

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