Visa Lawyer Blog

Articles Posted in Free Consultation

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On Wednesday, May 28, 2025, a federal judge from the United States District Court for the District of Massachusetts issued a nationwide court order lifting the Trump administration’s suspension of adjudications for immigration benefit applications submitted by noncitizens who were lawfully paroled into the United States under certain categorical parole programs implemented during the Biden administration.

Those affected by the suspensions were parolees in the following programs:

  • Military Parole in Place (MPIP) for members of the U.S. armed forces to petition their relatives for parole
  • Uniting for Ukraine (U4U), for Ukrainian citizens and their family members to apply for advanced authorization to travel to the United States to request parole for up to two years and apply for employment authorization with USCIS
  • Noncitizens from Cuba, Haiti, Nicaragua, and Venezuela (CHNV) authorizing parole requests of up to two years, and the ability to apply for employment authorization from USCIS
  • Family Reunification Parole (FRP) programs permitting individuals from Colombia, Cuba, Guatemala, Ecuador, Haiti, Honduras, and El Salvador to receive advanced authorization to travel to the United States while their family-based immigrant visas are pending.
  • Central American Minors Program (CAM) for individuals from El Salvador, Honduras, and Guatemala lawfully present in the United States to request immediate relatives not present in the United States to be granted access to the Refugee Admissions Program.

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danilo-rios-bj5y_XuSm58-unsplash-scaledThe Trump administration is not letting up on its campaign to target international students applying for visas at U.S. Embassies and Consulates, beginning with Harvard University students.

On Friday May 30, 2025, the Secretary of State Marco Rubio sent an internal cable to U.S. Embassies and Consulates worldwide requiring them to “immediately begin additional vetting” for all applicants seeking a visa to travel to Harvard University “for any purpose.”

While the internal cable is not publicly available, its contents have been reviewed by several prominent media outlets including Politico and CNN.

According to their reports, the cable indicates that the State Department has adopted a new policy requiring Consulates and Embassies to review the social media accounts of all nonimmigrant visa applicants seeking to attend Harvard University, including prospective students, current students, faculty members, contractors, guest speakers, and even tourists visiting the university. This initiative, directed by Secretary of State Marco Rubio through a diplomatic cable, is set to begin immediately and serves as a pilot program that is expected to expand to other U.S. schools, colleges, and universities.

The policy specifically targets the identification of antisemitic content and antisemitic viewpoints published on online social media platforms. The cable notes, “the enhanced vetting measures described in this guidance aim at ensuring that consular officers can appropriately identify such visa applicants with histories of antisemitic harassment and violence, and to duly consider the visa eligibility under U.S. immigration law.” Notably, the cable does not specify what specifically would indicate “inadmissible antisemitism” nor does it define online activities that would render an individual ineligible for a visa.

Consular officers are instructed to conduct comprehensive screenings of applicant’s social media accounts, including those set to private. The cable notes that consular officers should determine, either in pre-screening or an interview, if the applicant is seeking to travel to Harvard, and such applicants should be refused a visa “pending review of their online presence.”

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manu-ros-wvlwZ00eIRk-unsplash-scaledIn recent days, the Trump administration has launched an aggressive campaign targeting international students studying at colleges and universities throughout the United States.

These attacks escalated Thursday last week when the administration first announced that it would be halting Harvard University’s ability to enroll international students by revoking their Student and Exchange Visitor Program (SEVP) certification—a certification that is necessary for U.S. schools to enroll and issue Forms I-20 to F and M international students.

The move sent shockwaves throughout the academic community because it meant Harvard could no longer enroll foreign students, and its more than 7,000 existing international students would be required to transfer or lose their legal status in the United States.

According to the Secretary of the Department of Homeland Security Kristi Noem, such drastic steps were taken due to Harvard’s alleged failure to comply with Student Exchange Visa Program (SEVP) regulations, as well as “encouraging and allowing antisemitic and anti-American violence to rage on its campus and coordinating with Chinese Communist Party officials on training that undermined American national security.”

Less than 24 hours later, Harvard filed a lawsuit in federal court requesting and obtaining a temporary restraining order to block the Trump administration from cutting off its ability to enroll foreign students. The judge found that absent the court order, Harvard would “suffer immediate and irreparable injury.”

Today, that same judge granted Harvard a preliminary injunction extending Harvard’s ability to maintain its SEVP certification intact while the lawsuit moves forward in federal court. This action effectively protects Harvard’s students and allows them to remain in the United States.

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united-states-supreme-court-6330563_1280On May 19th the U.S. Supreme Court handed the Trump administration a legal victory after the justices agreed to lift a lower court order that had previously stopped the President’s efforts to strip Venezuelans of deportation protections granted under Temporary Protected Status (TPS).

What is TPS?

Temporary Protected Status (TPS) is a humanitarian program allowing nationals of certain countries to remain in the United States temporarily, if the government has determined that it is unsafe for them to return to their home country for humanitarian reasons, such as armed conflict or a natural disaster.

It allows nationals of designated countries to live and work in the United States for a temporary period of time, during which they are protected from deportation. Those who qualify are given temporary employment authorization, which is automatically extended if the government extends their TPS validity period.

Biden’s Designation of Venezuela for TPS

The original TPS designation for nationals of Venezuela was issued on March 9, 2021, due to extraordinary conditions preventing their safe return to Venezuela (the 2021 designation). A separate re-designation was issued on October 3, 2023 (the 2023 designation).

Before leaving office, the Biden administration extended Venezuela’s 2023 designation for an additional period of 18 months, which was meant to last from, April 3, 2025, to October 2, 2026.

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On behalf of our Law Office, we would like to wish you a safe and Happy Memorial Day as you spend it with your loved ones. We would like to extend a thank you to our service men and women and their families this memorial day.

To our clients, please be aware that our offices will be closed today Monday, May 26th in observance of the holiday. We will resume normal business hours on Tuesday, May 27th. We look forward to serving you when we return.

Contact Us. If you would like to schedule a consultation, please text 619-483-4549 or call 619-819-9204.

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engineer-4690505_1280The United States Citizenship and Immigration Services (USCIS) recently released detailed statistics and data regarding the number of beneficiaries selected during the fiscal year 2026 H-1B cap season, highlighting the highly competitive nature of the visa process.

Each year, the H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations, and demand for these visas has consistently gotten tougher throughout the years.

The FY 2026 data shows a significant drop in H-1B registrants, with 126,361 fewer applicants compared to the previous year.

Overview

During the fiscal year 2026 H-1B cap season:

  • USCIS received eligible registrations for 336,153 unique beneficiaries and selected just 118,660 – or approximately 35.3% – of these beneficiaries.
  • The overall number of registrations submitted in FY 2026 decreased dramatically from 470,342 eligible registrations filed last year to just 343,981 eligible registrations filed this year.
  • On average, each beneficiary only had approximately one registration submitted on their behalf.
  • USCIS is not expected to announce a second cap lottery until at least July 2025, after the current H-1B filing period closes.

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ai-generated-9069949_1280On May 12, 2025, Secretary of Homeland Security Kristi Noem announced that the State Department will not renew Temporary Protected Status (TPS) benefits for Afghanistan once the current designation expires on May 20, 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 Afghanistan’s designation officially terminates on July 14, 2025.

Employment Authorization

Beneficiaries with valid TPS Employment Authorization Documents (EADs) will continue to be authorized to work during the 60-day transition period.

DHS announced the agency will be automatically extending the validity of certain EADs previously issued under the TPS designation of Afghanistan through July 14, 2025.

As proof of continued employment authorization through July 14, 2025, TPS beneficiaries can present an EAD that has the notation A-12 or C-19 under Category and a “Card Expires” date of November 20, 2023, or May 20, 2025.

How We Got Here

Afghanistan was initially designated for TPS during the Biden administration on May 20, 2022. The designation was made based on the Secretary’s determination of ongoing armed conflict and extraordinary conditions in Afghanistan preventing the return of its nationals.

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note-42883_1280-1We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the June 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 June.

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 June.

Please click here for more information.

Highlights of the June 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

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

  • EB-2 China will advance by 2 months to January 1, 2021
  • EB-2 All countries, except India will advance by 3.5 months to November 15, 2023

EB-3 Professionals and Skilled Workers

  • EB-3 China will advance by 1.2 months to December 22, 2020

EB-3 Other Workers

  • EB-3 All countries, except India and China will advance by 1 month to July 22, 2021

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airport-8081875_1280On Friday May 9, 2025, President Trump signed executive order “Establishing Project Homecoming,”a new White House initiative aimed at encouraging the voluntary departure of undocumented immigrants from the United States.

This new policy offers financial incentives and logistical support to those who facilitate self-deportation, with the stated goal of reducing the fiscal and social burdens associated with deportation to prioritize funding for Americans in need.

Key Provisions of Project Homecoming:

  • Free Government-Funded Flights:Undocumented immigrants are offered complimentary flights to any country willing to accept them, excluding the United States.This service is accessible through the government’s new “CBP Home” mobile application and at participating airport
  • $1,000 Exit Bonus: Individuals who voluntarily and permanently depart the U.S. under this program are allegedly eligible to receive a $1,000 “exit bonus” upon successful relocation.
  • Concierge Travel Assistance: A government-provided concierge service is available at airports to assist individuals, even those lacking valid travel documents from their home countries, in booking flights and navigating the voluntary departure process.

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pieter-van-de-sande-r6BdUpN_iSk-unsplash-scaledPresident Trump’s first 100 days in office have been marred by controversial actions targeting both legal and illegal immigration.

In its latest move, the Trump administration is going even further by targeting “sanctuary” cities which are state and local jurisdictions that limit their cooperation with federal immigration law enforcement officials. “Sanctuary” cities have been known to enact policies that prohibit the detention of individuals solely based on their immigration status and restrict the sharing of information about immigrants with federal authorities.

To force them into compliance, the Trump administration has begun filing lawsuits against sanctuary cities seeking to penalize them for their disobedience.

The first of these lawsuits targets Colorado and Denver for impeding federal immigration authorities from carrying out deportations. Denver is one of many states with state laws that prevent state and local officials from cooperating with federal immigration authorities. For instance, a Denver state law prevents the use of the city’s resources to assist with immigration enforcement, while a separate executive order establishes Denver as a “sanctuary city,” welcoming undocumented immigrants.

If Trump has it his way, the lawsuit would undo Colorado’s sanctuary state laws by declaring them unconstitutional and prohibiting their enforcement.

Interestingly, in responding to the lawsuit, the governor of Colorado Jared Polis denied Colorado’s status as a sanctuary state and said that Colorado regularly cooperates with federal law enforcement authorities.

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