Archives: US Immigration

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Trump Issues Country-Specific Travel Ban

President Donald Trump has issued a proclamation that imposes new travel restrictions on eight countries, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry in to the United States by Terrorist or Other Public-Safety Threats.” Five of the eight countries were included in the previous travel ban. The new restrictions were issued on September 24, … Continue Reading

Revised Travel Ban Coming?

The Trump Administration reportedly may replace the current travel ban with a country-specific set of restrictions. In June, the Supreme Court allowed the government to begin enforcing the 90-day travel ban against individuals from Iran, Libya, Somalia, Sudan, Syria, and Yemen who had no bona fide relationship to the United States. The 90-day ban will … Continue Reading

State Department Replaces Rule for Inconsistent Conduct by Aliens

The Department of State has quietly revised guidance to Consular Officers on the “30/60 Day Rule” regarding adjustment of status applications. The Rule sets standards for determining whether an alien would be inadmissible for inconsistent conduct. It provides: If an alien engaged in inconsistent conduct within 30 days of an entry, a willful misrepresentation could … Continue Reading

Government Agrees to Inform Travelers Denied Entry to U.S. of Right to Reapply for Visas

During the chaos that followed the issuance of the travel ban in January and before it was blocked by a court, at least 140 individuals from the seven named countries were denied admission to the U.S. with then-valid visas. In Darweesh v. Trump, No. 17-CV-480 (CBA), Iraqi nationals challenged the first iteration of President Donald … Continue Reading

Suspension of Visa Operations in Russia

The U.S. Embassy and Consulates in Russia announced that “[a]s a result of the Russian government’s personnel cap imposed on the U.S. Mission, all nonimmigrant visa (NIV) operations across Russia will be suspended beginning August 23, 2017.” This is the most recent volley in the diplomatic back-and-forth that started with the reports of possible Russian … Continue Reading

Trump Administration Stops Law Enforcement Funds to Chicago, Sanctuary City, and Gets Sued

Chicago, a sanctuary city, is challenging the Trump Administration’s ability to deny it needed law enforcement funds. The battle between the Administration and sanctuary localities began in April, when a federal judge blocked a part of President Donald Trump’s Enhancing Public Safety in the Interior of the United States Executive Order that directed government agencies … Continue Reading

New Operational Directives Reflect ‘Buy American, Hire American’ Executive Order

Following the “Buy American, Hire American” Executive Order, issued in April, the Attorney General and the Secretaries of State, Labor, and Homeland Security have made operational changes that emphasize targeted investigations and individual official’s judgment in carrying out the purposes of the E.O. The E.O. directs the agencies to “propose new rules and issue new … Continue Reading

Trump Announces Support for Senate Bill Curbing Legal Immigration

President Donald Trump has announced his support for a reduction in legal immigration to the United States, backing a modified version of the bill first introduced in April by Senators Tom Cotton (R-AR) and David Perdue (R-GA). Trump on August 2 said he embraced a new “merit-based” immigration system, which he contends will benefit American … Continue Reading

Travel Ban Update: Grandparents and Other Close Relatives

In a one-paragraph ruling, the U.S. Supreme Court, disagreeing with the Administration, allowed the District Court’s injunction to stand with regard to relatives. Individuals from the six designated countries with grandparents and other close relatives in the United States will not be subject to the travel ban – for now. The Court, however, put the … Continue Reading

State Department Guidance to U.S. Diplomatic Posts on Information Sharing Standards

President Donald Trump’s March 6th revised Executive Order directs the Secretaries of State and Homeland Security, the Attorney General, and the Director of National Intelligence to review information sharing and develop uniform screening and vetting standards and procedures for visas and other immigration benefits. In June, the Ninth Circuit Court of Appeals held this review could … Continue Reading

Travel Ban Does Not Apply to Grandparents and Other Close Relatives, Hawaii Court Rules

Judge Derrick Watson in Honolulu has enjoined the federal government from using President Donald Trump’s partially reinstated travel ban to bar grandparents and other close relatives from entering the United States. He also has enjoined the government from banning refugees who are the beneficiaries of a sponsorship assurance from a resettlement agency. When the U.S. … Continue Reading

Emails from clientverification@state.gov Are Legitimate

Emails from clientverification@state.gov are legitimate, the Department of State Visa Office has confirmed to the American Immigration Lawyers Association (AILA). Emails from the address clientverification@state.gov are from government contractors requesting confirmation that a visa beneficiary will be working for the employer. Employers should take the requests seriously and respond. If you have any questions about … Continue Reading

Personal Electronic Devices Ban Lifted for Some Airlines under New DHS Security Requirements

DHS Secretary John Kelly has released new enhanced security requirements for screening of personal electronic devices and passengers and for explosives for approximately 2,000 daily flights to the U.S. from 280 airports in 105 countries.  Airlines that meet the new requirements will not become subject to an expansion of the PED ban established in March. … Continue Reading

Nonimmigrant Visa Applicants May Have Longer Waits

President Donald Trump has issued an executive order striking the 80-percent/three-week goal for interviewing nonimmigrant visa applicants following submission of applications. Since September 11, 2001, the State Department has given priority to security over quick visa adjudications. For many reasons, including heightened security, between 2001 and 2010, the U.S. share of the global tourism market … Continue Reading

India-Based Infosys Plans to Hire Thousands of U.S. Workers for New U.S. Locations

Amid criticism of outsourcing firms, at least one large Indian outsourcing company is planning to hire 10,000 U.S. workers over the next two years. Infosys CEO Vishal Sikka announced the company will open four technology and innovation hubs in the U.S. “focusing on cutting-edge technology areas, including artificial intelligence, machine learning, user experience, emerging digital … Continue Reading

Supreme Court Allows Partial Effect to Trump Travel Ban, Will Review Case in October

It comes as no surprise that the U.S. Supreme Court will hear the travel ban case and will do so in early October. Meanwhile, the Court stayed lower court injunctions allowing President Donald Trump’s revised travel ban to go in effect, but only to the extent that it affects individuals with no bona fide connection … Continue Reading

Trump’s Cuba Policy Reverses Course Set by Obama

Simpler and less expensive travel to Cuba by Americans is apparently short-lived, as more difficult and costly travel to the island nation appears forthcoming. In a recent speech in Miami outlining his policies on Cuban travel and commercial ties with the island country, President Donald Trump said the U.S. is not severing ties with Cuba … Continue Reading

Supreme Court: Gender-Based Distinctions in Immigration Law Violate Equal Protection

A federal citizenship statute setting different residency requirements for U.S. citizen fathers and mothers seeking to transmit birthright citizenship to their non-marital children born outside the U.S. violates the Equal Protection Clause of the Constitution, the U.S. Supreme Court has ruled. Sessions v. Morales-Santana, No. 15-1191 (June 12, 2017). Please go to our publications page … Continue Reading

State Department Orders ‘Extreme Vetting’

State Department Secretary Rex Tillerson has directed all consular chiefs to determine which populations of visa applicants should be subject to additional “extreme” vetting.  The March 15 direction is in response to President Donald Trump’s March 6 “Travel Ban” Executive Order and Presidential Memorandum on “extreme vetting.” The Memo directed the U.S. Attorney General and … Continue Reading

Future of H-4 Work Permits Uncertain

In 2015, the Obama Administration DHS issued the H-4 EAD Rule allowing certain spouses of H-1B holders to obtain EADs and work while waiting to become permanent residents.  Soon thereafter, a group of high-tech workers, Save Jobs USA, filed suit in the U.S. District Court for the District of Columbia arguing that the DHS lacked … Continue Reading
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