We are delighted to announce that in a case litigated by our own Reza Mazaheri of Sethi & Mazaheri LLC in the U.S. District Court for the District of New Jersey, the judge sided with Mr. Mazaheri’s argument and rendered a favorable opinion for our clients.
Imagine Dreamers Dream (Dream Act)! You came to a country as a child and had been living there for many years. You did your schooling from there, and this is the only country you possibly know. After so many years, you find out that you are not a registered citizen of that country and are an illegal citizen residing in that country. What on God’s earth would go through you?
There is a lot of talk about changes in immigration policy. Some lawmakers have continued to push the issue that involves the fates of millions of Dreamers caught in a kind of immigration limbo and uncertainty. For a few years now, the issue has been quite the political football, tossed around by several administrations and keeping Dreamers on the edge of their seats. We posted a few weeks ago about the Dream and Promise Act of 2021, so we thought we would take a closer look at this proposal and what it might offer the millions of young people waiting for a stable answer.
The New Immigration Reform Bill is a campaign for a broader immigration reform that includes increasing the quota for available visas, giving more chances for highly skilled workers, and granting more citizenship to undocumented immigrants.
A Tourist B2 Visa is a non-immigrant (temporary) visa that is required for a citizen of another country traveling to the U.S. when the purpose of travel is non-business related. Examples for when a B2 visa may be required might include: travel for vacation/leisure, tourism, visiting family and friends, medical treatments, sports, social events, and more.
Just a couple more steps in your pursuit of a green card! The process might seem stressful, but here are some general guidelines for what to do and expect when entering the US under an immigrant visa. After gathering all the necessary documents, there are two inspections that need to be completed.
Court Rules Government Can End TPS, clearing the way for the Trump administration to remove status for more than 300,000 refugees and tear apart hundreds of thousands of families.
On August 3, 2020, USCIS has set a list of changes in the fees for many application forms. This new rule significantly alters the USCIS fee schedule by adjusting fees by a weighted average increment of 20 percent. The new list of fees has several consequences, such as multiple fees for nonimmigrant worker petitions and limiting the number of beneficiaries for each form.
An H-1B Visa is a temporary worker visa that allows foreign nationals to reside in the US for a specialty occupation. The amount of H1-B visas issued each year is limited, so be sure to consult with an attorney to make sure your application is thoroughly completed for best chances of approval.
The COVID-19 pandemic has forced many higher education institutions to reconsider and substantially revise their pedagogical structures. As many colleges and universities begin to release their fall reopening plan, or lack thereof, many international students are finding themselves in a complicated situation. The U.S. Immigration and Customs Enforcement (ICE) recently made changes to the Student and Exchange Visitor Program (SEVP) that prevents international students from residing in the US if their school switches to distance learning entirely. This means that students with nonimmigrant F-1 and M-1 visas will be required to leave the US if all classes are online or must enroll in in-person classes to avoid deportation.
The Supreme Court barred President Trump’s administration from ending the Deferred Action for Childhood Arrivals (DACA), a program previously started by Obama that prevented the deportation of over 800,000 immigrants that came to the US as children.
Due to the coronavirus pandemic, the United States Customs and Immigration Services (USCIS) had continued to work remotely and limit services offered online.
The US Embassy in Abu Dhabi will resume some of its services. However, they will only be taking certain appointments. These appointments will be limited to applicants for immigrant (IR 1, CR 1, IR 2**, CR 2**) visa interviews already scheduled that had been canceled due to the pandemic.
As the US continues to gradually reopen, many people are anxious to resume their travel plans. While there are still several bans in place and limited flight options, there are many things to take into consideration including what to expect at the airport and the adjustments to standard proceedings to promote safety from the coronavirus.
President Trump signed an Executive Order that will “temporarily suspend immigration into the United States,” effective April 23, 2020. Many individuals have reached out to ask about the implications of this suspension on their case. We understand your concerns and wish to address any questions you may have regarding this development. It is our understanding that the Executive Order will do the following:
In the US, non-citizens can be arrested for various reasons and placed in Immigration Detention. The detention of immigrants in the US is different from being arrested and simply going to any holding facility. The process prior to and after detention is different as well. Many people who find themselves detained do not have the access or support of legal counsel, which is why if you or someone you know is detained – immediately find a lawyer.
All U.S. Citizen and Immigration Service offices will be closed from March 18 – April 1 due to the outbreak of COVID-19. This means that no in-person services will be offered in order to prevent the spreading of the virus. Instead, USCIS will be shifting its duties to be carried out remotely until April 1st or further notice. There will likely be a drastic increase in online traffic, as these services are conducted remotely, so processing times and responses may be slower than usual. All information regarding the temporary closures is subject to change as these circumstances progress and additional updates are received.
As of December 16th, 2019, documented and undocumented immigrants can apply for a New York State driver’s license. Approved by Gov. Andrew Cuomo, the Green Light Law brought much-needed relief to immigrant communities in New York State. Although the Green Light Law does not apply to a Non-Driver ID card, this law allows immigrants without proof of the lawful presence the chance to obtain a state-issued document of identification.
In the determination of whether to grant an applicant a visa or a green card, an immigration officer must decide whether that person is likely to become dependent on the government for subsistence in the future, which could make them a “public charge.” The rule will incredibly have an impact on immigration and public benefit. Among all the measurements that President Donald Trump has implemented so far, the “public charge” rule could be the most influential one on legal immigration.
One of the most controversial actions done by President Donald Trump has been Executive Order 13780 and Presidential Proclamation 9645, a.k.a. the Travel Ban. This Executive Order issued in 2017 initially prohibited any person from Iran, Libya, North Korea, Somalia, Syria, and Yemen to access all immigrant and certain non-immigrant visas. Besides, individual Venezuelan citizens were also restricted from obtaining a visa. Now due to recent government actions, starting February 22nd, 2020, the list will include six new countries, including Burma, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. With further restrictions, the administration of President Trump is set to block more than 5% of immigrants.
One of the most controversial actions that President Trump has taken after being elected into the office is the travel ban. Issued on Sep. 24th, 2017, by Trump’s executive power, the travel ban prohibits all immigrants and certain nonimmigrants from Iran, Libya, North Korea, Somalia, Syria, and Yemen, and specific individuals from Venezuela from entering the United States.
Following a recent increase in raids (especially major ones like those in Mississippi a few months ago), it has become important to know what the detainment and removal process consists of, and how to seek help. Non-citizens can be detained by immigration officers for a multitude of reasons. Similar to criminal court cases, the immigrant can be released from detention after paying a bond. This article will provide an overview of the bond hearing process.
When you are a US citizen, then being found guilty of violating the penal code will result in criminal penalties. However, no one would kick you out of the country. This is not true for immigrants. If immigrants commit certain crimes, they can face possible removal from the US. Being deported from the country is a permanent action and can result in life-long consequences.
In line with President Trump’s restrictive stance on immigration, the federal administration issued a new presidential proclamation. This new rule would ban the entry of new immigrant applicants if they do not have proof of health insurance in the US. Issued only a few days ago, the rule would require the applicant to provide proof that they will have insurance coverage within 30 days of entering the country.
In the US immigration system, unmarried children who are under 21 years old can apply for permanent residence. While there are other eligibility criteria, the age component is an important aspect. However, due to the US Citizenship and Immigration Services’ backlog, many applicants would no longer be 21 years old once their application was processed. This meant that eligible applicants were being aged out due to no fault of their own. In 2002, the Child Status Protection Act (CSPA) came into effect, so that a backlog would not result in the aging out of an eligible applicant.
Over the past couple of months, President Trump’s administration has introduced several new immigration rules regarding immigration, with most of them proving controversial.
Given the prevalence of conflicts and dangerous national situations (like wars and disasters), there are many people in the United States who cannot return to their country of origin. The US requires those staying in the country to have some sort of required status, ranging from permanent residency to those seeking asylum. However, those who cannot return home because of armed conflict or natural disaster can receive temporary protected status. Said status allows for these individuals to remain in the US lawfully.
Most recently, President Trump and his administration have announced that the rules regarding deferred action and medical care will be changing. The status quo had been to allow for non-US residents to receive deferred action for deportations in cases of urgent or serious medical care. If immigrants could prove their serious medical requirements, they could receive two-year deferrals on removals. These medical deferrals would allow immigrants to stay in the US and receive the medical care they would otherwise not receive in their home country.
A lot of the time, people have questions and require help to enter the U.S. While that itself can be an intensive (and complicated) process, many people are also concerned with another concept: readjustment of status. This process allows for immigrants who are currently in the US to petition for an adjustment, thereby becoming permanent residents in the US.
It is no secret that the Trump administration has changed rules and enacted legislation to have tougher stance immigration to the US. The news has been filled with instances of raids, deportations, and detention centers in the southern border. However, another announcement has come from Trump’s government, which maintains there can now be the indefinite detention of migrants and migrant children.
Earlier last week Trump announced that the federal government had new rules regarding green cards and permanent residency for immigrants. Those who had sought public aid from the government and, therefore, would have low-incomes, would be denied green cards for permanent status in the US starting on October 15. Immediately following the release of the new rules, thirteen states began legal action against the federal government overrules deemed to restrict certain ethnic and economic immigrants.
President Trump’s stance on immigration can be drastic and extreme. Most of the conversation around immigration has to do with Trump advocating for a border wall with Mexico. However, besides the physical barriers, Trump has been building, new rules and procedures have also come into effect in order to restrict immigration to the US. The most recent one (announced just a few days ago) deals with permanent residency. In the US, green cards are issued, giving recipients permanent resident status in the US. The new rules, though, will change whether some applicants can still receive a green card.
Just last week, US Immigration and Customs Enforcement (ICE) agents carried out coordinated raids in Mississippi, resulting in the arrest of 680 immigrant workers. The raids were conducted in order to execute search warrants for workers that ICE believed did not have the proper legal documents (and subsequently, the right to work). Without a warning, ICE agents apprehended the workers across different food processing plants.
Regardless of what recent Presidents have campaigned for, the border between the US and Mexico experiences a substantial influx of people. These include individuals and families who cross said border with the hope of seeking a better life in the US. Those who cross do so through treacherous conditions that require them to move by foot without adequate food, water, or shelter. Many of those who cross that border then go on to seek asylum in the US for fear of persecution back home. However, not everyone likes what goes on at the US-Mexico border
Following months-long rhetoric from President Trump that millions of “illegal aliens” must be deported from the US, he sent out tweets confirming that ICE would carry out raids in cities with migrant populations. ICE – US Immigration and Customs Enforcement – had its missions publicized, and many fears grew over impending deportation. The cities included in the mission are New York, Los Angeles, Atlanta, Baltimore, Denver, Chicago, Houston, San Francisco, and Miami. Regardless of whether the ICE raids result in mass deportations, it has brought up the issue of rights for immigrants.
In the midst of widespread fear by many, as ICE raids are approaching and occurring, it is important to know what actions to take and what actions to avoid. President Trump has postponed a massive ICE operation that could have targeted thousands of families who have received deportation orders. Whether a US citizen or not, every person in this country has certain basic rights. Having a detailed plan of action for you and your family is important to ensure maximum safety during this time.
On Thursday, May 16th President Trump announced his administration’s plans for the restructuring of the immigration system in the US. Trump wants the system to move away from family-based immigration—through reunification—to an employment-focused immigration plan that would be modeled on the point systems currently used in Canada and Australia. While the details provided so far indicate that the number of green cards that would be issued will not decrease, it is not clear how the administration will act with regards to the already existing undocumented immigrants.
Neither US government nor the more than 1,000 awaiting hearings know what will happen after ruling on ‘Remain in Mexico’
House Speaker Paul Ryan’s office announced late Tuesday a vote on two immigration bills next week to address the legal status of people brought to the U.S. as children.
On Dec. 22, the Ninth Circuit Court of Appeals ruled in Hawaii v. Trump that the September Proclamation (EO-3), indefinitely limiting immigration from certain listed countries, exceeded the President’s power under the Immigration and Nationality Act (INA). (For more context, read my earlier post on the Ninth Circuit oral argument here.) The per curiam decision modeled the thoughtful “common sense” approach to statutory interpretation that the Supreme Court urged in FDA v. Brown & Williamson.
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