Visa Lawyer Blog

Articles Posted in American Politics

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status

In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?

The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV

According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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american-flag-2054414_1280This week President Trump unleashed a fresh barrage of executive orders targeting illegal immigration and antisemitism in the United States.

Executive Order Expanding Migration Operations at Guantánamo Bay

Among these orders, on January 29th the President signed, “Expanding Migration Operations Center at Naval Station Guantánamo Bay,” unveiling his administration’s plans to use a migrant holding facility at the U.S. naval base in Guantánamo Bay, Cuba, to house more than 30,000 migrants deported from the United States.

The White House has said the naval station will soon be operating at its full capacity to detain “high priority” criminal aliens unlawfully present in the United States, and to “address attendant immigration enforcement needs,” identified by the Department of Defense and the Department of Homeland Security.

Immigration advocates have questioned the optics of this decision due to Guantánamo Bay’s sordid history. Once a processing center for asylum seekers and HIV-positive refugees, it has been well known for its detainment of notorious terrorists and unlawful enemy combatants such as the 9/11 mastermind Khalid Sheikh Mohammed. This decision has raised alarm due to Guantanamo’s unfit conditions and frequent human rights violations reported to international human rights organizations.

Despite these criticisms, the White House has said that deported migrants held in Guantánamo will not be detained in the same U.S. military prison where foreign terrorists are being held. Instead, migrants will be placed in a separate holding facility previously used to detain migrants intercepted at sea.

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american-flag-3001893_1280We start the week with the unfortunate news that hundreds of visa applicants were turned away at the U.S. Embassy in Bogotá, Colombia, following a political dispute between President Donald Trump and Colombian President Gustavo Petro.

Tensions between the two heads of state came to a head on Sunday after President Trump wrote on his Truth Social account, “I was just informed that two repatriation flights from the United States, with a large number of Illegal Criminals, were not allowed to land in Colombia. This order was given by Colombia’s Socialist President Gustavo Petro…”

He added, “Petro’s denial of these flights has jeopardized the National Security and Public Safety of the United States, so I have directed my Administration to immediately take the following urgent and decisive retaliatory measures….”

Among these measures, President Trump vowed to:

  • Raise tariffs on all Colombian goods entering the United States
  • Enforce an immediate travel ban and visa revocations on all Colombian government officials, aliens, and supporters
  • Order visa sanctions on all party members, family members, and supporters of the Colombian government and
  • Enhance Customs and Border Protection (CBP) inspections of all Colombian nationals and cargo on “national security” grounds

Shortly thereafter, the U.S. Department of State and Customs and Border Protection (CBP) announced through their spokespersons that they would enforce the President’s orders by immediately ordering the suspension of visa issuance at the U.S. Embassy in Bogotá, Colombia.

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family-6719424_1280Are you applying for adjustment of status to lawful permanent residence (a green card)?

If so, you will be pleased to know that on January 22, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is waiving any and all requirements for the COVID-19 vaccination on the Form I-693, Report of Immigration Medical Examination and Vaccination Record.

As a result, adjustment of status (green card) applicants will no longer be required to present evidence that they have received the COVID-19 vaccination.

USCIS will also not deny any adjustment of status application based on an applicant’s failure to present documentation that they received the COVID-19 vaccination.

Due to this new policy, USCIS will no longer issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination.

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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donald-trump-2789735_1280We are just 14 days away from Donald Trump’s presidential inauguration, setting the stage for a new era in the world of immigration.

The President’s border czar Tom Homan is set to be one of the key players of the incoming Trump administration, in charge of securing our nation’s borders. Homan was the former acting director of Immigration and Customs Enforcement (ICE) during the first Trump administration, and was a key contributor of Project 2025, a conservative political agenda.

On Sunday night, Tom Homan appeared on CBS News’s, “Face the Nation” where he was asked about his plans to carry out the largest deportation operation in history, during a time when deportations have already been at a record high under President Biden.

Homan responded by criticizing the Biden administration’s deportation record, stating that 80 percent of the deportation numbers were from Border Patrol arrests, and not interior enforcement arrests carried out by Immigration and Customs Enforcement (ICE).

When asked whether Trump’s deportation numbers would come from arresting and deporting people within the interior of the United States versus securing the southern border, Homan deflected instead focusing on Biden’s dismal track record on border security.

He was further questioned about the Trump administration’s deportation plans on day one, including whether ICE plans to conduct workplace raids across the nation to remove undocumented immigrants from the country.

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ai-generated-8775948_1280Last month, San Diego’s Board of Supervisors passed a resolution ending the use of county resources aiding federal immigration enforcement actions.

The measure was made ahead of President Trump’s inauguration and puts an end to the cooperation between law enforcement agencies and Immigration and Customs Enforcement (ICE). Previously, local law enforcement agencies cooperated with ICE officials by facilitating the transfer of detainees to ICE custody and notifying ICE of their release from custody to aid in their removal from the United States.

In response to San Diego’s actions, the America First Legal Foundation (founded by Trump advisor Stephen Miller) issued a letter to 249 elected officials including the Chair of San Diego’s Board of Supervisors, Nora Vargas. In the letter, the organization warned Vargas that she could be subject to criminal prosecution and civil liability for what the organization considered to be “obstruction” of federal immigration law.

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54160491284_b32055f6df_oAfter years of criticizing the H-1B work visa program, benefitting highly skilled foreign talent, on Saturday the President-elect shocked the world when he pledged his support for the program.

In an interview with the New York Post, Trump said, “I’ve always liked the visas, I have always been in favor of the visas. That’s why we have them,” referring to the H-1B program, which allows U.S. companies to hire foreign workers in specialty occupations.

The President elect went on to say, “I have many H-1B visas on my properties. I’ve been a believer in H-1B. I have used it many times. It’s a great program.”

These comments are a sudden change from Trump’s usual hardline stance on H-1B visas. During his first term in office, Trump passed an executive action known as “Buy American and Hire American,” which restricted access to H-1B visas.

His administration was also responsible for a dramatic increase in the issuance of Requests for Evidence, as well as denials of H-1B worker petitions—a record high when compared to previous administrations.

Since speaking with the media, Trump allies Elon Musk and Vivek Ramaswamy, both made posts on social media vehemently pledging their support for the H-1B visa program.

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pennant-1689011_1280New changes to the H-1B work visa program are coming on January 17, 2025.

A new final rule published by the Department of Homeland Security (DHS) in the Federal Register lays out some of the critical changes that H-1B beneficiaries and U.S. employers can expect. These changes will become effective on January 17, 2025, just three days before the inauguration of Donald Trump.

While we do not know whether these changes will be overturned or modified by the Trump administration, it is important for both employers and beneficiaries to be aware of them.

Highlights of the Final Rule

  • Modernizes the definition and criteria for H-1B specialty occupations
  • Introduces cap-gap protections for F-1 students seeking a change of status to H-1B
  • Streamlines the processing of applications for individuals who were previously approved for an H-1B visa
  • Allows H-1B beneficiaries with a controlling interest in the petitioning organization to be eligible for H-1B status subject to certain conditions (such as founders and entrepreneurs)
  • Clarifies that employers must have a legal presence in the United States

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recruitment-6838250_1280New changes are being implemented for certain self-petitioners filing immigration petitions under the Violence Against Women Act, also known as VAWA.

The U.S. Citizenship and Immigration Services (USCIS) has announced that beginning in December they will be conducting in-person interviews for select VAWA self-petitioners who have an I-360 and I-485 application pending.

Not all self-petitioners will be required to attend an interview. Self-petitioners who have filed a stand-alone I-360 will not be interviewed.

USCIS expects to continue to adjudicate the majority of VAWA cases without the need for an interview.

Why has this change been made?

An increase in the volume of immigration petitions filed under the VAWA program, along with a surge in VAWA-related fraud reported in the states of New York, Massachusetts, and Maryland has led to this policy change.

While no plans are currently being made to expand interviews to a broader pool of VAWA self-petitioners, the incoming Trump administration may consider this in the future.

How will I know if I am required to attend an in-person interview?

VAWA self-petitioners who are required to attend an interview, will receive an interview notice by mail at the safe address they have provided. Legal representatives will also be notified by mail.

Please note that a self-petitioner’s selection for an interview is not a negative indicator and does not suggest a case will receive an unfavorable outcome.

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