Articles Posted in Executive Actions

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Happy Thursday! We are back with a brand-new blog post. Today, we continue discussing President Biden’s recent executive actions on immigration. This time we are breaking down Executive Order entitled, “the Establishment of the Interagency Task Force on the Reunification of Families.”

So, what exactly does this executive order mean for you and your family?

This new executive order will prioritize the reunification of children who have been separated from their family members at the United States/Mexico border by establishing an Interagency Task Force on the Reunification of Families.

The heads of several agencies including the Secretary of Homeland Security, Secretary of State, and others will take part in the Task Force and perform the following functions:

  • Identify all children who have been separated from their families at the border between January 20, 2017, and January 20, 2021 Continue reading

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Welcome back to Visalawyerblog! In this post, we continue with our efforts to provide our readers with an overview of President Biden’s recent executive orders on immigration.

Last week, we discussed the major provisions of Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”

In today’s blog post, we continue to break down President Biden’s new executive orders focusing specifically on, “Creating a Comprehensive Regional Framework to Address the Causes of Migration, Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border,” and what it means for you.


What is this Executive Order all about?


President Biden signed this executive order on February 2, 2021, to create a multi-pronged approach that will help the United States manage and address the root cause of mass migration from North and Central America.

President Biden plans to work with civil society, international organizations, and govenments in the region to create a strategy that will increase opportunities for vulnerable groups of immigrants to apply for asylum protection closer to home. With this order, his administration hopes to streamline the asylum process in these regions by expanding systems and resettlement capacity.

Among its provisions, the order will increase lawful pathways for vulnerable groups of people to immigrate to the United States, while strengthening our asylum system.

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It’s been an exciting week in the world of immigration. As we had been expecting, on Tuesday President Biden signed a fresh batch of executive orders directly impacting our immigration system.

These include (1) Executive Order on, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” (2) Executive Order entitled, “Creating a Comprehensive Regional Framework to Address the Causes of Migration, Manage Migration Throughout North and Central America, and to Provide Safe and Orderly Processing of Asylum Seekers at the United States Border,” and (3) Executive Order on, “the Establishment of Interagency Task Force on the Reunification of Families.

In this blog post, we will discuss the major provisions of the Executive Order entitled, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion for New Americans,” and what this order means for you.

*Please note we will discuss the other two orders in separate upcoming blog posts.


EO – Restoring Faith in Our Legal Immigration System and Strengthening Integration and Inclusion for New Americans


First, we will discuss the President’s initiative to create a new task force that will promote integration and inclusion of foreign born immigrants, dismantle harmful policies arising from the public charge ground of inadmissibility, promote naturalization, and initiative to revoke former President Trump’s memorandum on enforcing the legal responsibilities of sponsors of aliens.

Task Force on New Americans

This executive order was created in order to promote integration and inclusion for immigrant communities including asylees and refugees. In line with this new executive order, the President has ordered his cabinet agencies to coordinate their efforts to pass policies that both welcome and support immigrants to the United States. To that end, the government will convene a Task Force on New Americans to positively impact local immigrant communities.

As discussed in section 3 of the order, the Department of State, the Attorney General, and the Department of Homeland Security will review and revise any existing regulations, orders, guidance documents, policies, and agency actions to ensure that they conform with the President’s agenda to welcome and support vulnerable immigrants. As part of this process, the government will be dismantling barriers that make it difficult to receive immigration benefits, including actions taken by the previous administration that do not promote fair access to the legal immigration system – such as potentially rescinding USCIS fee increases, and other such areas of concern.

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Welcome back to Visalawyerblog! We kick off the start of a brand-new week with new immigration updates.


Texas Judge Blocks Bidens’ 100-day pause on deportations


First, let’s discuss some legal challenges the Biden administration is facing. Just last week, a federal judge from the state of Texas issued a nationwide temporary restraining order that temporarily stops the Biden administration from pursuing a 100-day pause on deportations.

As our readers will know, since his inauguration, President Biden has been busy dismantling anti-immigrant policies passed by his predecessor. Among the actions taken by President Biden has been placing a temporary 100-day pause on deportations for most undocumented immigrants with removal orders, except for those who have been suspected of committing acts of terrorism or espionage, and those who present a threat to national security.

The state of Texas took issue with the President’s actions and filed a lawsuit in the U.S. District Court for the Southern District of Texas, calling on the court to grant an injunction that would immediately stop the Biden administration from putting a pause on deportations.

The judge in the case, Drew B. Tipton, a Trump appointee, ultimately sided with the state of Texas finding that the state had met its burden of proof that it would suffer irreparable harm if Biden were to pause deportations. The judge agreed that Texas would be financially harmed given the added strain undocumented immigrants would have on Texas’ health care and education system.

Judge Tipton also found that President Biden’s actions violated the law and the Administrative Procedure Act which requires the government to provide adequate justification before enacting such a change in policy.

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Welcome back to Visalawyerblog! In this post we bring you some breaking news about what you can expect to see from the Biden administration with respect to immigration in the coming days.

Tomorrow January 29th President Biden is expected to issue several important executive orders and memorandums aimed at reversing former President Trump’s damaging policies on immigration.

It is rumored that as part of these new orders, the President will be rescinding Proclamations 10014 and 10052.

As you may recall, Proclamation 10014 established a 60-day ban on the issuance of visas worldwide for a wide variety of immigrants including those who (1) were outside of the United States as of April 23rd and (2) who did not have a valid immigrant visa or official travel document as of that date.

Prior to its expiration, the President signed Proclamation 10052 to extend enforcement of Proclamation 10014 and expanded the categories of immigrants affected.


Overview of Proclamation 10014


When Proclamation 10014 was first issued on April 22, 2020, it rocked the world of immigration because of the wide variety of immigrants that were swept up in its grasp.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

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President Biden has been hard at work during his first days in office, releasing a flurry of Proclamations and Executive Actions on immigration, that reverse many of the controversial policies passed by former President Donald Trump.

Due to the volume of Proclamations being signed, our office will break down each of these actions on immigration during the next few weeks, and provide you with detailed information on what each Proclamation means and how you may benefit.

We encourage our readers to bookmark this page and follow our social media platforms as the Biden administration gears up to release even more executive actions on immigration in the coming days.


What is the Biden Proclamation all about?


On January 20, 2021, President Biden signed a number of orders including, “Proclamation on Ending Discriminatory Bans on Entry to the United States.” This Proclamation immediately revokes the four presidential actions taken by the previous administration, which banned individuals from predominantly Muslim and African countries from entering the United States.

The presidential actions being revoked are as follows:

*A brief overview of each action is discussed further below

(1) Executive Order 13780 “Protecting the Nation From Foreign Terrorist Entry Into the United States” 

(2) Proclamations 9645 “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

(3) Proclamation 9723 Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” and

(4) Proclamation 9983 “Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”


What do you need to know about Biden’s Proclamation?


Biden’s decision to revoke these actions by his predecessor means that all Embassies and Consulates must immediately resume visa processing for nationals affected including Syria, Iran, Libya, Somalia, Sudan, and Yemen, Chad, Venezuela, North Korea, Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.

Of course Embassies and Consulates are still conducting a phased reopening of routine visa services and are operating on a limited post by post basis. However, this is a step in the right direction because it means that Embassies and Consulates can no longer refuse to issue visas because these Proclamations are no longer in force.

Most importantly, President Biden has directed the Department of State to develop a system by which previous applicants who were being considered for a waiver of the restrictions can expedite their pending visa applications.

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Welcome back to Visalawyerblog! Happy New Year to all of our readers. We hope that you had a relaxing holiday with your loved ones. We look forward to providing you with the latest updates on immigration as we soon enter the Biden administration on January 20th.

Although Biden’s inauguration looms on the horizon, the Trump administration continues to make last minute efforts to derail the issuance of visa applications for thousands of green card applicants residing abroad.

On New Year’s Eve, President Trump signed a new proclamation extending the enforcement of his previously issued April 22nd Proclamation 10014 entitled, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak,” as well as Proclamation 10052 issued on June 22, 2020.

The new proclamation extends the enforcement of these previously issued Proclamations until March 31, 2021. 


P.P. 10014 Overview

As you may recall the April 22nd Proclamation (10014) imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain classes of aliens beginning April 23, 2020 and terminating on June 22, 2020.

Pursuant to P.P. 10014, the entry of the following aliens was suspended and limited until June 22, 2020:

  • Aliens outside of the United States on the effective date of the Proclamation (April 23)
  • Aliens without an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
  • Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission

The order did not apply to the following classes of aliens:

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Welcome back to Visalaywerblog! We kick off the start of a brand new week with the release of a very interesting Question and Answer session recently published by the Department of State.

This Question and Answer session took place on December 11, 2020, by and between the Department of State and the American Immigration Lawyers Association (AILA)’s Department Liaison Committee.

The Question and Answer session addressed a broad range of visa-related questions including burning questions regarding the phased reopening of Consulates and Embassies worldwide, national interest exception procedures, expansion of visa interview waivers, information regarding visa cancellations, MRV validity, the treatment of IV applications with approved I-601A Provisional Waivers, expired immigrant visas, pandemic related delays in obtaining documents for Consular related requests, and much more.

We have rounded up the most interesting questions and responses in this post. To read the government’s complete responses to questions asked, please click here.


Phased Reopening of Routine Visa Services


Q: It is AILA’s understanding that consular posts will reopen in phases based on the following Diplomacy Strong Framework included in Appendix A.

Please confirm:

  • Are the phases and priorities listed in Appendix A still accurate, or have there been any modifications to the Diplomacy Strong framework?
  • Are the phases in Diplomacy Strong standard across posts or are they merely guidelines within which posts have some flexibility in terms of setting priorities?
  • Please confirm whether a post will always be at the same phase for both IV and NIV processing, or whether it may be at a certain phase for IV processing and a different phase for NIV processing (e.g., If Sydney is at phase 3 for IV services, must it also be at phase 3 for NIV services?).
  • While we see references to Diplomacy Strong on a variety of post websites, it is not clear what phase the post is operating under. Would DOS advise posts to share their current operating phase on their websites in order to better inform the public of what they are prioritizing?

A: Although phased reopening of routine visa services originally corresponded with phases of Diplomacy Strong, posts were instructed on November 12 that they are no longer obligated to be in a specific Diplomacy Strong phase before providing additional categories of visa services.

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Welcome back to Visalawyerblog! In this blog post, we celebrate a Nigerian national’s recent visa success story and share with you how our office was able to expedite his immigrant visa (CR-1) to help him reunite with his U.S Citizen spouse in the United States, despite the implementation of Presidential Proclamation 9983 which suspends the entry of Nigerian nationals into the United States.

We recognize that these are truly challenging times in the world of immigration and would like our readers to know that they are not alone. For many, there are alternatives and solutions that can be explored by our knowledgeable immigration attorneys to help them reunite with their family members. From our staff members to our attorneys, we are with you every step of the way on your immigration journey.

For a comprehensive consultation to discuss solutions to your immigration issues, you may contact us at 619-819-9204. 


Suspension of Routine Visa Services Continues at Most Consulates Worldwide

As our readers will know, the ongoing coronavirus pandemic has made it extremely difficult for immigrants residing abroad to secure appointments for visa interviews at U.S. Consular posts and Embassies worldwide.

While some Consulates and U.S. Embassies have resumed routine visa services, these are very few and far in between. At the moment, routine visa services are only available on a “post-by-post” basis as individual country conditions permit operations to return to normalcy. For the most part, Consulates and Embassies have not been able to provide specific dates regarding when each post will completely resume routine visa services. This has left many immigrants in a state of uncertainty during what is already a very difficult time in our history. Many family members remain apart for extended periods of time with no end in sight.

Despite these limitations however, Consulates and Embassies are continuing to accommodate emergency and expedite requests for applicants with urgent matters who need to travel immediately. Where an applicant has been documentarily qualified by the National Visa Center, a U.S. Citizen petitioner may submit a request with the NVC to expedite the consular interview based on extreme hardship to the U.S. Citizen. Extreme hardship to a U.S. Citizen spouse can be demonstrated in several ways including where the USC is suffering from a disability, severe medical and/or psychological condition, as well as other unique circumstances.

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Welcome back to Visalawyerblog! In this blog post, we celebrate a client’s recent success story and share with you how our office was able to expedite our client’s fiancé visa to help him reunite with his U.S. Citizen fiancé despite being subject to Presidential Proclamation 9993 also known as the “Schengen” visa ban.

We recognize that these are truly challenging times in the world of immigration and would like our readers to know that they are not alone. For many, there are alternatives and solutions that can be explored by our knowledgeable immigration attorneys to help them reunite with their family members. From our staff members to our attorneys, we are with you every step of the way on your immigration journey.

For a comprehensive consultation to discuss solutions to your immigration issues, you may contact us at 619-569-1768.