Articles Posted in Diversity Immigrants

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It did not take long for President Trump to capitalize on the terrorist attack which took place several days ago in New York City, to attack the Diversity Visa Program and the process by which US Citizens, and in some cases green card holders, can petition for extended family members to immigrate to the United States.

Following the terrorist attack in New York City, which claimed the lives of 8 Americans, the President fired off a series of tweets calling on Congress to terminate the Diversity Visa Program, claiming that the perpetrator of the attack, Sayfullo Saipov, had gained admission to the United States seven years ago through the diversity immigrant visa program, a congressionally mandated program made possible by section 203(c) of the Immigration and Nationality Act (INA). According to CNN, the Department of Homeland Security has said that Saipov came to the United States in 2010 on a diversity visa. Department of Homeland Security archives confirm that Uzbekistan was a country participating in the Diversity Visa program as early as 2007, and continues to participate in the Diversity Visa Program.

The Diversity Immigrant Visa Program

The Diversity Immigrant Visa program is a program enacted by Congress, which allocates up to 50,000 immigrant visas per fiscal year to a special class of immigrants known as “diversity immigrants.” Each fiscal year diversity applicants register for the visa program electronically at no cost. Applicant entries are selected at random through a computerized “lottery” system to allocate the 50,000 available immigrant visas for the Diversity Immigrant Visa Program. Only diversity immigrants who are natives of countries with historically low rates of immigration to the United States qualify for the Diversity Immigrant Visa program. In other words, to qualify for a diversity visa, essentially a green card, you must be a native of a country participating in the diversity visa program. Countries with historically high rates of immigration to the United States DO NOT qualify.

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On October 17, 2017, federal judge Derrick Watson of the U.S. District Court for the District of Hawaii, issued a temporary restraining order preventing the government from enforcing Sections 2(a), (b), (c), (e), (g), and (h) of the Presidential Proclamation 9645, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” signed by the President on September 24, 2017. These sections of the Presidential Proclamation were to be enforced at 12:01 a.m. eastern daylight time on October 18, 2017.

As a result, foreign nationals from Chad, Iran, Libya, Syria, Yemen, and Somalia will NOT be affected by the restrictions outlined in the Presidential Proclamation and may continue to travel freely to the United States. Visa applications for these countries will continue to be adjudicated in accordance with existing immigration law, and visa processing standards, irrespective of the restrictions outlined in the Presidential Proclamation.

However, the court order does not prevent the government from implementing restrictions on foreign nationals from North Korea and Venezuela. In addition, the order does not prevent the government from scrutinizing the adjudication of visas for Iraqi nationals and their admittance to the United States. Sections (d) and (f) of the Proclamation, outline the provisions that remain in force. Restrictions on the entry of foreign nationals from North Korea, Venezuela, and Iraq began on Wednesday, October 18, 2017 and will continue until further notice. The restrictions on Venezuela as you will see below are the most lenient of the restrictions. 

Restrictions on North Korean nationals: Entry of foreign nationals from North Korea has been suspended for all immigrants and non-immigrants (including diversity visa holders).

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Supreme Court Dismisses One of Two Travel Ban Cases

On October 10, 2017, in a one-page order, the U.S. Supreme Court dismissed the Maryland case, Trump, President of U.S., Et Al. v. Int’l Refugee Assistance, Et Al.,  which sought to block a key provision of Executive Order No. 13,780 temporarily suspending the entry of aliens outlined under Section 2(c). The Supreme Court has dismissed the case because the provision at issue expired on September 24, 2017 and no longer presents a “live case or controversy” for the court to resolve. Accordingly, the Supreme Court vacated the judgment and sent the case back to the lower courts to dismiss the case as moot.

However, the Supreme Court did not act to remove the case, Trump, President of U.S., Et Al. v. Hawaii, Et Al., from its docket, in which the state of Hawaii joined by other states, called on the court to issue an injunction, stopping the federal government from enforcing a travel ban on individuals from six Muslim majority countries as well as refugees. The travel ban at issue, in that case, began on June 29, 2017 and expired on September 27, 2017. The refugee provision of the act however will not expire until October 24, 2017. Given the Supreme Court’s dismissal of the Maryland case, it is likely that the Court will also dismiss the Hawaii case once the refugee provision has expired.

On September 24, 2017, the President revised Executive Order No. 13,780 for a third time adding Chad, North Korea, and Venezuela to its travel ban, and removing Sudan. The third revision of the travel ban will go into effect on October 18, 2017. The Supreme Court did not address the administration’s newly revised travel ban in its order.

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In this post we bring you your daily dose of immigration updates. For more information on the immigration services we provide please visit our website. For a free first legal consultation please contact our office. It is our pleasure to accompany you on your immigration journey.

USCIS extends TPS Designation for Nepal for 18 months

The Secretary of Homeland Security recently announced that Temporary Protected Status (TPS) for eligible nationals of Nepal will be extended for an additional 18 months, beginning December 25, 2016 through June 24, 2018. Eligible TPS applicants must either be foreign nationals of Nepal or habitually resided in Nepal. DHS will be extending current TPS Nepal Employment Authorization Cards (EADs) with a December 24, 2016 expiration date for an additional 6 months, valid through June 24, 2017.

For more information regarding TPS for Nepal please click here. For information about the TPS program please click here. Employers interested in verifying or reverifying the employment eligibility of employees who are TPS beneficiaries, may click here for more information.

EADs Extended 6 Months for Guinea, Liberia and Sierra Leone TPS Beneficiaries

Current Beneficiaries of the Temporary Protected Status (TPS) program for the designations of Guinea, Liberia, and Sierra Leone have had their TPS status extended for a period of 6 months, to expire on May 21, 2017. The Department of Homeland Security authorized this temporary extension to allow beneficiaries to make an orderly transition out of the United States, before termination of their TPS status on May 21, 2017. Current beneficiaries of the TPS program from these designations will automatically retain their TPS status until this date, and the validity of their current Employment Authorization Cards (EADs) will be extended through May 20, 2017.

Click here for more information about the 6-month extension of orderly transition before termination of TPS designations for Guinea, Liberia, and Sierra Leone. For general information about the TPS program please click here.

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In this post we bring you exciting news about the 2018 Diversity Immigrant Visa Program also known as the “green card lottery” for eligible foreign nationals. Participants in the Diversity Immigration Visa Program will have a chance to win one of 50,000 available visas to immigrate to the United States. Winning entries will be selected at random via a computer-generated drawing. Only foreign nationals of countries with historically low rates of immigration to the United States may apply for the program; please see the list of eligible countries below. The entry period for the 2018 Diversity Immigrant Visa Program (DV-2018) will open between Eastern Daylight Time (EDT) (GMT-4), Tuesday, October 4, 2016, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 7, 2016. Entries must be submitted electronically on the Department of State website for the DV-2018 fiscal year. 

Only one entry may be submitted for each person during this registration period. Individuals who have submitted more than one entry per fiscal year will be disqualified. Once the registration period has ended the Department of State will use their computer software technology to detect multiple entries in the system. Applicants who have submitted multiple entries will be disqualified. There is no cost to register for the program and submit an entry for the diversity visa program. However, if accepted applicants will incur any visa expenses if residing abroad, and the filing fee for the green card application (currently $1,070). Once you have registered and submitted your entry for 2018-DV Program, you must check the status of your entry by visiting the Department of State website. The U.S. government will NOT notify you directly if you have been selected for the 2018-DV Immigrant Visa Program. It is your responsibility to check whether you have been selected.

What is the Diversity Immigrant Visa Program?

The Diversity Immigrant Visa Program is administered by the United States Department of State each fiscal year, and is a program that was made possible by Congress with the passage of section 203(c) of the Immigration and Nationality Act. Section 203(c) of the INA designates visas for a special class of immigrants referred to as “diversity immigrants.” These immigrants will have the unique opportunity to immigrate to the United States on the basis of this special program. For fiscal year 2018, 50,000 visas will be allocated toward the diversity immigrant visa program. If you are residing abroad at the time you are selected for the diversity immigrant visa program, you will be able to immigrate to the United States through consular processing. This process requires you to submit a DS-260 Immigrant Visa Electronic Application and schedule an interview appointment at a U.S. consulate near you. There you will be able to obtain issuance of your immigrant visa. If you are residing in the United States legally (on a temporary nonimmigrant visa type) at the time of your selection, you may submit your adjustment of status application to USCIS within the United States.

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