Learn more about the new 90-day presumption of fraud rule in this video and how it affects the adjustment of status of foreign nationals living in the United States.
1:37 – Our advice or suggestions for this new rule
Overview:
WHO:
In September 2017 the Department of State released an amended version of the Foreign Affairs Manual (FAM), which is a manual used by governmental agencies and other federal agencies that directs and codifies information that must be carried out by respective agencies “in accordance with statutory, executive and Department mandates.”
WHAT:
The new amended version of the manual expands the definition of misrepresentation, the types of activities that may support a presumption of fraud, and establishes changes to existing policies that federal agents must follow in making assessments of fraud or material representation.
According to the amended FAM: If a foreign national engages in any of the following activities, and applies for an immigration benefit, the FAM directs immigration officers to apply a presumption of fraud or material misrepresentation when the foreign national seeks adjustment of status:
In this post, attorney Jacob Sapochnick discusses what the President’s March 5th deadline means for DACA recipients and what DACA holders should expect within the coming months. The President while rescinding the DACA program, had given Congress until March 5 to pass legislation creating a path to citizenship for Dreamers. Congress however failed to deliver on their promise, and Senators are continuing their negotiations to reach a bipartisan deal on immigration that would allow Dreamers to apply for permanent residency after fulfilling several criteria.
By court order, individuals whose DACA benefits expire on or after September 5, 2016 may apply for a renewal of their status. In addition, individuals whose DACA benefits expired before September 5, 2016 or whose DACA benefits were previously terminated at any time, may file a new initial DACA request following the Form I-821D and Form I-765 instructions.
It is estimated that approximately 668,000 immigrants have been issued work permits under DACA that will expire March 5th or later, however these individuals may seek a renewal of their status as previously mentioned, and continue working and remaining in the United States for an additional 2 years without fear of deportation.
For more information on the future of DACA please click here.
En este video, el abogado Jacob Sapochnick habla sobre la detencion de nuestro cliente Orr Yakobi, quien fue detenido tras tomar la autopista equivocada, que lo dirigio hacia Mexico donde oficiales de la aduana y proteccion de fronteras lo detuvieron despues de tratar de entrar de nuevo a los Estados Unidos. Yakobi es un estudiante de la Universidad de California en San Diego y es uno de los 700,000 “Dreamers” viviendo en los Estados Unidos bajo la proteccion de el programa. Nuestra oficina logro liberarlo despues de estar detenido por cinco dias gracias a nuestra comunidad, los medios de comunicacion, y con el apoyo de miembros de el Congreso. Es nuestro orgullo proteger y defender a Dreamers como Orr Yakobi.
Para conocer mas sobre los servicios que ofrecemos, visite nuestro sitio de web.
It 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.
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.
Breaking news, a federal judge for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, overturning the government’s delay of the International Entrepreneur Rule. This means that international entrepreneurs may now apply for parole under the rule as of Friday, December 1, 2017. The caveat, however, is that since the ruling was just handed down on Friday, no application has yet been released to apply under the rule, and the current parole application is not suited for the rule. It is expected that the government will soon issue a statement regarding the court’s decision and provide further guidance on what form to use.
In its decision, the judge ruled that the Department of Homeland Security unlawfully delayed enforcement of the rule, when it postponed the rule from going into effect just days before the rule was set to go into effect on July 17, 2017, without following the appropriate notice-and-comment procedure required by the Administrative Procedure Act.
Entrepreneurs must keep in mind that the the Trump administration may appeal the federal judge’s decision, or continue with their plans to rescind the rule, but as it now stands the government must accept applications for the international entrepreneur rule, even if the administration continues with their plans to rescind the rule.
What is the IER?
The rule makes it easier for eligible start-up entrepreneurs to obtain temporary permission to enter the United States for a period of 30 months, or 2.5 years, through a process known as “parole,” for the purpose of starting or scaling their start-up business enterprise in the United States. The decision about whether to “parole” a foreign entrepreneur under this rule will be a discretionary determination made by the Secretary of Homeland Security on a case-by-case basis (INA Section 212(d)(5), 8 U.S.C. 1182(d)(5)).
“Parole” will be granted to eligible entrepreneurs who can demonstrate that their company’s business operations are of significant public benefit to the United States by providing evidence of substantial and demonstrated potential for rapid business growth and job creation. Such demonstrated potential for rapid growth and job creation may be evidenced by: (1) significant capital investment from U.S. investors with established records of successful investments or (2) attainment of significant awards or grants from certain Federal, State, or local government entities.
In this Facebook live stream, attorney Jacob Sapochnick discusses immigration under President Donald Trump, and pressing issues that have recently been the subject of much debate in the news, including the President’s desire to end the Diversity Immigrant Visa Program, a program that has come under fire after it came to light that the New York City terrorist Saifullo Saipov gained admission to the United States through this program. In addition, Jacob answers your immigration questions.
Overview:
The Diversity Immigrant Visa Program
The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program.
The Diversity Immigrant Visa Program was established in the 1990s under President George Bush, Sr. for the purpose of making the flow of legal immigration to the United States more diverse. The program sought to give foreign nationals from select countries, the opportunity to gain admission to the United States, provided they were born in countries with historically low rates of immigration to the United States, to put them on a more equal footing with foreign nationals with historically high rates of immigration. In this way Congress hoped that the American demographic would become more diverse.
In this video, attorney Jacob Sapochnick sits down with two sisters, one who is a US Citizen, and the other who is a DACA recipient with a renewal request pending with USCIS. Although these clients are related they have very different immigration options available to them. Alicia explains how her DACA status has allowed her to obtain a driver’s license and legal employment in the United States, as well as the advantages these benefits have created for her as a mother of three US Citizen children. Alicia echoes the sentiments of hundreds of thousands of Dreamers who felt heartbroken when they heard that the President was ending the DACA program, a program that provided relief for so many undocumented immigrants who have no other place to call their home. Alicia fears being sent back to a country she does not know, where she has no relationships, and of being torn from her family. This is the unfortunate reality that many Dreamers face, and illustrates how important it is for Congress to pass the Dream Act or other legislation that would allow more than 800,000 Dreamers to remain in the United States legally.
IMPORTANT: Although USCIS will no longer be accepting new initial requests for DACA, current DACA recipients with permits expiring between now and March 5, 2018 can apply for a final 2-year renewal of their DACA status and obtain employment authorization. These applications must be properly filed and accepted by October 5, 2017.
To learn more about the termination of the DACA program please click here.
In this video, attorney Jacob Sapochnick sits down with two Dreamers to discuss the President’s recent decision to terminate an Obama-era program, known as Deferred Action for Childhood Arrivals (DACA), and how such a decision will impact their lives.
The DACA program was first introduced in 2012 to shield young undocumented immigrants from deportation and granted such individuals the ability to work in the United States legally for a renewable 2 year period. The DACA program is not a form of amnesty and does not allow eligible applicants to obtain permanent residence.
In this video you will hear about the hardships that Dreamers face on a day-to-day basis, their enormous contributions to our society both culturally and economically, and the uncertain future they face.
IMPORTANT: Although USCIS will no longer accept new initial requests for DACA, current DACA recipients with permits expiring between now and March 5, 2018 can apply for a final 2-year renewal of their status and obtain employment authorization. These applications must be properly filed and accepted by October 5, 2017.
To learn more about the termination of the DACA program please click here.
In this post, attorney Jacob Sapochnick discusses the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program, an Obama era program that granted more than 750,000 undocumented immigrants the opportunity to obtain a work permit and relief from deportation. After much talk regarding President Trump’s intent to terminate the program, the decision finally came from Attorney General Jeff Sessions this morning, Tuesday, September 5, 2017.
For a more detailed explanation about what this decision will mean for current DACA holders please click on the video below.
Overview:
Effective immediately, USCIS will not accept new initial requests for DACA, but will allow current DACA recipients with permits expiring between now and March 5, 2018 to apply for a final 2-year renewal of their status and obtain employment authorization. Such individuals must file their applications by October 5, 2017.
Highlights
USCIS will no longer accept initial requests for DACA as well as all associated applications for Employment Authorization
Initial DACA requests and DACA renewal applications that were properly filed before today’s announcement and which remain pending with USCIS, will be adjudicated on an individual case-by-case basis
Employment authorization documents and grants of deferred action that were issued prior to today’s announcement will remain valid
USCIS will no longer approve new applications filed on Form I-131 for advance parole, but will honor the validity period for previously approved applications for advance parole. CBP has the discretionary authority to deny admission to a DACA holder possessing an approved advance parole document
All pending I-131 requests for advance parole on the basis of DACA, will be administratively closed, and all associated fees will be refunded to the applicant
To read the President’s complete statement regarding the termination of the program please click here.
In this video attorney Jacob J. Sapochnick discusses his thoughts on President Trump’s speech to a joint session of Congress which took place February 2017, and the prospects for immigration reform going forward. Click the video below to listen in.
While President Trump intends on staying tough on immigration, he outlined that he is open to working with Congress to reform the current immigration laws, and possibly expanding immigration options for highly skilled workers. We must remember that Trump still has four years ahead of him, so it is too early to understand his plans and what the future of immigration may look like. At the moment, it looks like the President’s main priority will be to secure the border. At a later time we may see the President soften his tone on immigration, and possibly introduce a proposal for immigration reform.
One thing is for sure, the Trump administration is treating overstays and unlawful presence in a much different way than the Obama administration dealt with these issues. Going forward we can expect consular visa applicants to experience delays in the issuance of their visas, especially applicants from territories controlled by the Islamic state. Under this administration, we are seeing that people who were not priorities for deportation under the Obama administration, are now being targeted and removed from the United States for minor convictions. If do not have lawful immigration status or have overstayed your visa it is important for you to know the consequences of remaining in the United States unlawfully. Make sure that you come up with a plan in case of an immigration raid.
Remember that if you have any questions please contact our office or e-mail jacob@h1b.biz.
Immigration Lawyer Blog
