Visa Lawyer Blog

Articles Posted in Deportations

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Last week, U.S. Immigration and Customs Enforcement (ICE) announced a new online portal known as the “ICE Portal,” designed to centralize communications between noncitizens and the federal government.

This new online portal will allow noncitizens to conveniently schedule appointments, update their address with ICE, and check immigration court hearing information all in one place.

It will incorporate previous online capabilities and improve upon them like ICE’s Appointment Scheduler and the change of address tool. Noncitizens will be able to look up information regarding upcoming immigration court hearings before the Executive Office for Immigration Review (EOIR).

The portal is now live and ready to be accessed by the public here.

It is ICE’s latest initiative to streamline and simplify compliance requirements for noncitizens on ICE’s non-detained docket.

Will ICE collect my personal information by using this portal?

No. Except for login information used to create an account, the ICE Portal does not collect other personally identifiable information provided by an individual when using ICE’s digital services.

Who should use the ICE Portal?

Any noncitizen who has been placed in removal proceedings. It provides important information for noncitizens to complete necessary tasks related to the immigration process such as:

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Source: Flickr Creative Commons, Attribution Gage Skidmore

As the 2024 United States presidential election draws closer Republican politicians are taking a strong stance against illegal immigration.

Texas Governor Greg Abbott recently unveiled a new immigration law known as SB4 that will make it a state crime to cross the border illegally into the state of Texas from Mexico. If passed, the law would require people accused of illegally crossing the state’s southern border to accept a magistrate judge’s order to return to Mexico or face prosecution, with possible penalties ranging from a Class A misdemeanor to a second-degree felony.

Once signed into law, local and state law enforcement officials in Texas would have the authority to arrest those suspected of entering the state without proper documentation. Immigrant rights groups have decried the law and vowed to sue the state of Texas for what they believe is a law that legalizes racial profiling and allows local law enforcement to have greater power than authorized under the law. That is because under the constitution, the removal of noncitizens falls under the jurisdiction of the federal government, and not individual states.

If passed, SB4 will undoubtedly lead to a constitutional battle. Interestingly, the law is drawing support from none other than former President Donald Trump. On November 19th the former President visited the Rio Grande Valley where he was officially endorsed for the U.S. presidency by Greg Abbott himself.

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Source: Flickr: Molly Adams, LA March for Immigrant Rights 

In a stunning turn of events, a federal judge on Wednesday declared the Deferred Action of Childhood Arrivals (DACA) program illegal in a new court ruling.

The decision comes after a five-year long court battle which has left the future of Dreamers hanging in the balance.

Judge Andrew S. Hanen of the District Court of Houston rejected the Biden administration’s efforts to save the DACA program, arguing that former President Barack Obama did not have the authority to create the program in 2012 by executive authority.

In his ruling, Judge Hanen stopped short of terminating the program which will mean that current DACA recipients can retain their DACA benefits and apply for renewals with the U.S. Citizenship and Immigration Services (USCIS). However, initial first-time applications for DACA will remain prohibited.

In 2021, the Biden administration sought to defend the legality of DACA by issuing a Proposed Rule in the Federal Register to preserve and fortify the program. This came after Judge Hanen issued a prior ruling arguing that the government failed to abide by the public notice and comment procedure required by the Administrative Procedures Act before. This prompted Texas along with eight other states (Alabama, Arkansas, Louisiana, Nebraska, South Carolina, West Virginia, Kansas, Mississippi) to sue the federal government bringing the case before Judge Hanen yet again.

Unfortunately, the Biden administration’s efforts to appease the Judge did not work. Ultimately the Judge indicated that only Congress could enact legislation to protect Dreamers, and passing such a program was not under the authority of the President.

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This past week, the U.S. Department of Homeland Security announced the implementation of a new Family Reunification Parole (FRP) program for foreign nationals of Colombia, El Salvador, Guatemala, and Honduras, that falls in line with previous governmental policies aimed at reducing unlawful migration.

The program will benefit nationals of such countries whose family members are U.S. citizens or lawful permanent residents and have received approval to join their family in the United States.

Nationals of these countries can be considered for parole on a case-by-case basis for a period of up to three years while they wait to apply to become a lawful permanent resident. This means that those who are eligible for parole will have the opportunity to lawfully reside inside of the United States while applying for lawful permanent residence for a period of up to three years.

The Secretary of the Department of Homeland Security Alejandro N. Mayorkas, said that “These new processes promote family unity and provide lawful pathways consistent with our laws and our values,” and will allow for the expansion of safe, orderly, and lawful pathways to reduce “dangerous, irregular migration to the United States.”

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We are happy to inform our readers that U.S. Immigration and Customs Enforcement (ICE) has launched a new online change of address form for noncitizens.

What is the online change of address form?

This new form gives noncitizens the option to update their information online instead of having to do so by phone or in-person.

To process an online change-of-address, the system requires a full name, A-number, and validated non-commercial address. It takes approximately one minute to complete the form.

This tool will make it easier for noncitizens to comply with their immigration obligations and improve the accuracy of address information reported to Immigration and Customs Enforcement (ICE) by utilizing address autofill to ensure U.S. Postal Service standardization.

Reporting a Change of Address with USCIS

As a reminder, all noncitizens in the United States, except A and G visa holders and visa waiver visitors, must also report a change of address to USCIS within 10 days of relocating.

You may change your address with USCIS online here.

Reporting a Change of Address with Immigration Court

Once a noncitizen has entered a valid mailing address, if they are currently in removal proceedings pursuant to Section 240 of the Immigration and Nationality Act (INA), the interactive online system will provide the noncitizen with information on how to also change their address with the immigration court as required, using the Executive Office for Immigration Review’s (EOIR) Form EOIR-33, Change of Address/Contact Information. Form EOIR-33 can be submitted by mail, in-person at the immigration court, or online through EOIR’s Respondent Access.

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In this blog post, we share with you some recent updates in the world of immigration.

Suspension of Visa Services in Sudan

Today, April 24, 2023, the Department of State announced suspension of non-immigrant and immigrant visa services in Sudan, due to armed conflict in the country. The U.S. Embassy in Khartoum suspended all operations on April 22, 2023, and all personnel have been evacuated under orders of the Department of State.

All Immigrant and Diversity Visa interviews have been cancelled until further notice.  Those with an inquiry about a pending post-interview Immigrant Visa case, are advised to send only one email to KhartoumIV@state.gov.  The inbox will remain unmonitored for a certain period of time, until officials can begin to resume normal or alternative operations.

The mission is unable to conduct passport or document passback for the time being.

Applicants for U.S. nonimmigrant visas are encouraged to apply in any country in which they are physically present and where there are appointments available. As each U.S. Embassy and Consulate has specific application procedures, applicants should contact the U.S. Embassy where they wish to apply directly. Contact information for U.S. Embassies is available at usembassy.gov.

ICE launches online CeBONDS capability to automate bond payments

Last week, U.S. Immigration and Customs Enforcement (ICE) announced its implementation of a new web-based system called, Cash Electronic Bonds Online (CeBONDS), which provides a fully automated, online capability to request verification of bond eligibility, make cash immigration bond payments, and send electronic notifications to cash bond obligors. The web-system will benefit detained noncitizens determined by the Immigration Judge or ERO to be suitable for release on bond and enables ICE to send electronic notifications to cash bond obligors.

Individuals will still have the option of making in-person bond payments until the online system fully takes over on June 1st.

CeBONDS Frequently Asked Questions

Who can utilize CeBONDS?

U.S. citizens, lawful permanent residents, law firms, and non-profit organizations can use CeBONDS to post a delivery bond, voluntary departure bond, or order of supervision bond. Noncitizens can also post a voluntary departure bond or order of supervision bond on their own behalf.

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USCIS Updates Policy Manual Clarifying Physical Presence Requirement for Asylees and Refugees

The U.S. Citizenship and Immigration Services (USCIS) recently updated its Policy Manual to clarify that BOTH asylees and refugees must have been physically present in the United States for one year at the time the Immigration Officer adjudicates their Form I-485, Application to Register Permanent Residence or Adjust Status, rather than at the time the individual files their adjustment of status application.

This policy is effective immediately and applies to all Form I-485 Applications to Register Permanent Residence or Adjust Status and Form N-400, Applications for Naturalization, that are pending on February 2, 2023, and applications filed on or after that date.

What does this mean?

This means that in order to be eligible for adjustment of status (a green card), an asylee or refugee must have been physically present in the United States for at least 1 year after either being granted asylum status or admitted as a refugee.

Additionally, the policy manual:

  • Provides that asylees and refugees are required to accrue 1 year of physical presence by the time of adjudication of the adjustment of status application, rather than by the time they file the application (and that USCIS may request additional information to determine such physical presence in the United States).
  • Clarifies that asylee and refugee adjustment applicants who have held the immigration status of exchange visitor (J-1 or J-2 nonimmigrants) and who are subject to the 2-year foreign residence requirement under INA 212(e) are not required to comply with or obtain a waiver of such requirement in order to adjust status under INA 209.
  • Makes technical updates, including clarifying processing steps for refugees seeking waivers of inadmissibility and removing references to the obsolete Decision on Application for Status as Permanent Resident (Form I-291).
  • Provides that USCIS considers a refugee or asylee who adjusted status to a permanent resident despite filing for adjustment before accruing 1 year of physical presence to have been lawfully admitted for permanent residence for purposes of naturalization if the applicant satisfied the physical presence requirement at the time of approval of the adjustment of status application.

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DACA recipients can now breathe a sigh of relief. We are happy to report that the Department of Homeland Security recently published a final rule in the Federal Register, taking a major step to safeguard the Deferred Action for Childhood Arrivals (DACA) program, while the fight to uphold DACA is in litigation.

What does this mean?

The final rule officially took effect on October 31, 2022, to codify existing policy, preserve, and fortify DACA.

This means that effective October 31, 2022, pursuant to the final rule, the U.S. Citizenship, and Immigration Services (USCIS) will accept and process renewal DACA requests and accompanying requests for employment authorization (EAD), consistent with court orders and an ongoing partial stay. Currently, valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. Those with pending DACA renewal applications, do not need to reapply.

USCIS will also continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but will not process initial (new) DACA requests.

Pursuant to an injunction and partial stay, handed down by the U.S. District Court for the Southern District of Texas, DHS is prohibited from granting initial (new) DACA requests and related employment authorization under the final rule.

While this is a temporary measure to protect existing DACA benefits, Secretary of Homeland Security, Alejandro Mayorkas stated, “Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

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Happy Halloween! In this blog post, we bring you a brand-new immigration update.

On October 21, 2022, the Department of Homeland Security (DHS) announced the designation of Ethiopia for Temporary Protected Status (TPS) for a period of 18 months. This decision marks Ethiopia’s first designation for TPS.

This designation was made based on ongoing armed conflict and extraordinary and temporary conditions in Ethiopia that prevent its nationals from safely returning to their country. Concerns relating to conflict-related violence including killings, rape, and gender-based violence prompted the Secretary of Homeland Security to make this decision. Other temporary conditions further complicate the return of Ethiopian nationals including flooding, drought, and disease outbreaks.

In response to the DHS announcement, Secretary of Homeland Security Alejandro N. Mayorkas explained, “Ethiopian nationals currently residing in the U.S. who cannot safely return due to conflict-related violence and a humanitarian crisis involving severe food shortages, flooding, drought, and displacement, will be able to remain and work in the United States until conditions in their home country improve.”

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In this blog post, we follow up on our previous reporting relating to a brand-new program launched by the Biden administration that will allow for the admission of up to 24,000 Venezuelans, closely following in the footsteps of the Uniting for Ukraine program.

Today, October 18, 2022, the U.S. Citizenship and Immigration Services updated its “Venezuela” webpage including all the details regarding this new program. Applications are currently being accepted by USCIS.

We break down the details for you down below.

What is this program all about?

USCIS has launched a new process that allows Venezuelan nationals and their immediate family members to come to the United States in a safe and orderly manner.

Like the Uniting for Ukraine program, nationals of Venezuela who are outside the United States and who lack U.S. entry documents will be considered for admission to the United States on a case-by-case basis.

Those who are found eligible, will receive advance authorization to travel to the United States and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

After being paroled into the United States, beneficiaries are eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with the required fee or apply for a fee waiver.

Using the same Form I-765 form, applicants can also apply for a Social Security number (SSN) by following the form instructions.

If you request an SSN in Part 2 (Items 13a-17.b) of your Form I-765, and your application is approved, USCIS will electronically transmit that data to the Social Security Administration (SSA), and SSA will assign you an SSN and issue you a Social Security card. SSA will mail your Social Security card directly to the address you provide on Form I-765.

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