Visa Lawyer Blog

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gavel-7499921_1280In a stunning turn of events, on Tuesday a federal judge in New York blocked the Trump administration from ending Temporary Protected Status (TPS) benefits for Haitians ahead of schedule, ruling that DHS violated the law in attempting to strip deportations and work permits from over half a million Haitians.

The ruling comes in response to the Department of Homeland Security’s abrupt announcement that it would be terminating Haiti’s TPS designation effective September 2, 2025.

In a decision issued Tuesday, District Court Judge Brian M. Cogan found that accelerating the program’s expiration by at least five months was unlawful and that the government failed to follow required procedures mandated by Congress, such as conducting a review of current conditions in Haiti before ending its TPS designation—a requirement that was not followed in this case.

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sarah-kranz-pKqAaTUi0wg-unsplash-scaledIn a significant ruling handed down on Friday, the U.S. Supreme Court limited the power of federal judges to impose nationwide injunctions against President Trump’s executive order aimed at denying birthright citizenship to children born in the U.S. to noncitizens.

While the justices did not rule on the legality of the President’s executive order, this decision is an extraordinary victory for the Trump administration, because it hinders lower courts from intervening in potentially illegal actions by the government.

Historically, lower courts have issued nationwide preliminary injunctions early in litigation to block government conduct that could cause irreparable harm to plaintiffs pending judicial review.

The court’s decision to restrain judges from providing such relief is a remarkable departure from historic precedent and ventures into dangerous territory. It further indicates that the balance of power on the Supreme Court has clearly shifted in Trump’s favor, with six conservative justices backing his position.

What it Means

The ruling means that lower courts cannot stop the enforcement of the executive order on a nationwide basis for affected individuals. The executive order can only be suspended against individuals who have filed lawsuits against the government (either as individual plaintiffs or in class actions) or where a state has issued a state-wide injunction.

It will take time before the Supreme Court ultimately rules on the constitutionality of the executive order, with some legal experts suggesting the process could stretch on for years.

It is also uncertain whether this decision could restrict future nationwide blocks on controversial laws, particularly in other immigration and civil rights cases against the government.

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haiti-162313_1280On Friday June 27, 2025, the Secretary of Homeland Security Kristi Noem announced that the government will not renew Temporary Protected Status (TPS) benefits for Haiti once the current designation expires on August 3, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Haiti’s designation officially terminates on September 2, 2025.

Employment Authorization

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lawyer-3819044_1280The growing presence of U.S. Immigration and Customs Enforcement (ICE) officials at immigration courthouses nationwide has prompted several states to enact laws preventing ICE from arresting or detaining individuals attending their immigration hearings.

One such law passed by the state of New York is the “Protect Our Courts Act,” which shields individuals from being arrested by federal immigration authorities like ICE while traveling to, attending, or leaving court proceedings. This law is designed to guarantee that people can access the justice system without fearing immigration-related repercussions. It forbids arrests in these situations unless a judicial warrant or court order is shown to court personnel.

On June 12th the Justice Department sued the state of New York challenging the constitutionality of the Act under the supremacy clause. The government argues that it unlawfully obstructs federal immigration enforcement operations.

The Trump administration is seeking to invalidate these laws to facilitate detention and removal. According to the government, arrests at courthouses helps prevent individuals from evading authorities and decreases safety risks because of the security offered by courthouses.

In response to the lawsuit, the New York Civil Liberties Union issued a statement defending the state law adding, “This latest attempt by the Trump administration to meddle in our laws would push immigrant communities further into the shadows, throw due process out the window, and weaken trust in our justice system — making everyone less safe. It sends a dangerous message: that ICE can and should operate wherever it wants, regardless of the human cost.”

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media-998990_1280On June 18, 2025, the State Department announced that U.S. Embassies and Consulates around the world will resume scheduling appointments for F, M, and J nonimmigrant visas, introducing new guidance that includes stricter vetting procedures and an expanded review of applicants’ social media activity.

Moving forward, all F, M, and J nonimmigrants applying for visas at U.S. Consulates overseas will be instructed to change their social media privacy settings to “public” so that they can be reviewed by Consular officers. Those who fail to comply may be presumed to be evading the vetting process and risk having their application denied.

Under the State Department’s new policy that views a U.S. visa as a privilege rather than a right, these enhanced screening and vetting measures aim to identify individuals who may present a threat to our national security.

As part of the process, visa officers will closely examine applications to confirm both the applicant’s eligibility for the requested visa and their intent to carry out activities aligned with the purpose of their entry into the United States. Internal guidance sent to Consular officers also states that officers should look for, “any indications of hostility toward the citizens, culture, government, institutions, or founding principles of the United States.”

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investigation-9604083_1280On June 4, 2025, the Department of Homeland Security (DHS) announced that the agency will expand its efforts to crackdown on visa overstays, due to a recent terrorist attack in Boulder Colorado. The attack was perpetrated by an Egyptian national who had been in the United States unlawfully since overstaying his visa in 2022.

What this Means

  • Swift policy action: Under Secretary of Homeland Security Kristi Noem’s directive, federal partners are now reviewing immigration files more aggressively, identifying visa overstays, and initiating enforcement actions
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Harvard Travel Ban Blocked by Federal Judge

Earlier this month President Trump had signed an Executive Order suspending the entry of all nonimmigrants and exchange visitors attending Harvard University, for a period of 6 months starting June 4th (the effective date of the proclamation).

Those affected by the executive order were F, J, and M visa holders outside of the United States as of the date of the proclamation. The suspension did not apply to nonimmigrants entering the United States to attend other universities.

Shortly after the executive order was issued, a federal judge granted a preliminary injunction, temporarily halting its enforcement until the court can rule on the merits of the case.

Following the court’s actions, the State Department ordered embassies and consulates around the world to resume visa processing for Harvard University students and exchange visitors.

As a result, Harvard students can breathe easier. While the preliminary injunction remains in effect, consulates are barred from denying visas to Harvard students and exchange visitors, and visa holders attending Harvard cannot be refused entry to the United States.

For more information, please click here.

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We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the July 2025 Visa Bulletin.

In this blog post, we breakdown the movement of the employment-based and family-sponsored categories in the coming month.

USCIS Adjustment of Status

For employment-based preference categories, the U.S. Citizenship and Immigration Services (USCIS) has confirmed it will continue to use the Final Action Dates chart to determine filing eligibility for adjustment of status to permanent residence in the month of July.

For family-sponsored preference categories, USCIS will also continue to use the Dates for Filing chart to determine filing eligibility for adjustment of status to permanent residence in the month of July.

Please click here for more information.

Highlights of the July 2025 Visa Bulletin

At a Glance

What can we expect to see in the month of July?

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 China will advance by 1 week to November 15, 2022

EB-2 Members of the Professions and Aliens of Exceptional Ability

  • EB-2 China will advance by 2 weeks to December 15, 2020

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beverly-kimberly-tfiGOGEmJVI-unsplash-scaledOn June 4, 2025, President Trump continued his ongoing assault on Harvard University with a new Executive Order entitled, “Enhancing National Security by Addressing Risks at Harvard University.”

Effective June 4th, the order suspends the entry of all nonimmigrants and exchange visitors bound for Harvard University for a period of 6 months, citing national security concerns over Harvard’s failure to police foreign students and ensure that foreign nationals admitted on student and exchange visitor visas remain in compliance with Federal law.

The executive order also accuses Harvard of having extensive entanglements with foreign adversaries including China.

Who is affected?

All nonimmigrants who enter or attempt to enter the United States to begin attending Harvard University through the Student and Exchange Visitor Program (SEVP) after the effective date of the proclamation (June 4, 2025).

The executive order further empowers the Secretary of State Marco Rubio to consider in his discretion whether foreign nationals who currently attend Harvard University and are in the United States pursuant to F, M, or J visas, should have their visas revoked pursuant to the proclamation.

Who is not affected?

The suspension does not impact Harvard students who are already inside the United States with a valid student visa as of the effective date of the proclamation.

The suspension also does not apply to any alien who enters the United States to attend other universities through the Student and Exchange Visitor Program (SEVP).

It also does not apply to any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designated representatives.

Impact on Harvard Students Currently in the United States

The executive order does not:

  • Restrict change or extension of status applications filed with U.S. Citizenship and Immigration Services (USCIS)
  • Revoke existing visas, I-94, or STEM OPT work authorization status for students currently in the United States

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united-states-8911597_1280After months of speculation and buildup, President Trump’s long-anticipated travel ban has finally arrived.

Issued by executive order on June 4th President Trump’s travel ban entitled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” closely mirrors the leaked draft that first surfaced in early March through the New York Times.

That draft hinted at sweeping restrictions targeting so-called “red,” “orange,” and “yellow” countries—coded designations that formed the backbone of President Trump’s proposed directive.

While there are notable differences, as predicted, the administration has framed the ban as a national security measure, but critics argue it remains susceptible to being challenged or overturned through lawsuits that may soon be filed in federal court.

Here’s what you need to know.

President Trump’s travel ban goes into effect today Monday June 9, 2025, at 12:01 am Eastern Daylight time.

Who it Affects

Full Suspension on Nationals from Countries of Concern

The travel ban temporarily suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

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