Visa Lawyer Blog

Articles Posted in Immigrant Visas

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On the heels of being named “Person of the Year” by TIME magazine, a new interview with President-elect Donald J. Trump reveals new information regarding the former business tycoon’s stance on illegal immigration. As we have previously reported, throughout his campaign the President-elect Donald Trump vowed to crackdown on illegal immigration, claiming that he would deport the 11 million undocumented immigrants residing in the United States unlawfully during. Among other things, Trump also campaigned on the platform that he would end the Deferred Action for Childhood Arrivals (DACA) program once and for all; a program which to this date has shielded hundreds of thousands of young undocumented persons from deportation, and provided them with temporary work authorization. The lives of these young undocumented immigrants have in large part been shaped by the passage of DACA, and the false sense of security it brought them. Today, their lives are in a very fragile state, with the uncertain future of what may happen to this program under a Trump administration, and the looming possibility of their removal from the United States, given that USCIS now possesses vital information regarding their identities and whereabouts. Ever since his election, Trump has desperately attempted to unite the nation. His administration has endeavored to pick up the broken pieces that were left behind by his polarizing campaign rhetoric. In recent months, we have seen Trump dramatically soften his stance on immigration in what may be described as futile efforts to unify the country.

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One of the most common questions we often receive during in person and telephonic consultations is whether an aggravated felony may decrease a person’s chances to legalize their status in the United States. The harsh reality is that the immigration options for noncitizen aliens convicted of an “aggravated felony” are severely limited, and in most situations, the immigration laws of the United States subject these individuals to the harshest deportation consequences. Even if you have been lawfully admitted to the United States or are currently a Legal Permanent Resident (LPR) you may be subject to deportation if you commit an aggravated felony. In other words, so long as you are a noncitizen alien, you may be at risk of deportation if you are or have been convicted of what is considered an “aggravated felony” in the United States or any other country. What’s more, aggravated felons lose many of the privileges that are designed to provide relief to individuals from deportation, and in some cases these individuals may be prevented from re-entering the United States permanently, following removal from the United States. The immigration laws of the United States, passed by Congress, contain numerous provisions that are designed to keep criminals outside of the United States, and in turn prevent criminals from being allowed to remain in the United States. While Congress has recognized that there are few exceptions to the rule that should be made in cases where there is a compelling argument to be made in favor of allowing a person found guilty of an aggravated felony to remain in the United States, having taken into consideration the fact that an immigrant’s removal may result in extreme hardship for U.S. Citizens. Unfortunately, these exceptions are very few and far in between, and deportation is the most probable outcome. When it comes to crimes of moral turpitude and crimes that fall under the category of “aggravated felonies” the U.S. immigration system is very unforgiving.

What is an aggravated felony?

An aggravated felony is a term that describes a particular category of offenses that carry with them harsh immigration consequences as punishment for noncitizen aliens who have been convicted of these types of crimes. Noncitizens who have been convicted of an aggravated felony lose the opportunity to apply for most common forms of relief available to law abiding noncitizens, that would have shielded them from deportation. Noncitizens who have been convicted of an aggravated felony for example are ineligible to apply for asylum and may not be readmitted to the United States in the future. An “aggravated felony” is an offense that Congress has labeled as such, and does not actually require the crime to be considered “aggravated” or a “felony” to qualify to be an “aggravated felony.” In other words, the term must not be taken literally. Many crimes that are labeled “aggravated felonies” are nonviolent in nature and constitute minor offenses, nonetheless these crimes fall under the Congressional categorization of an “aggravated felony.”

The myth of what constitutes an “aggravated felony”

For purposes of immigration law, an offense does not need to be considered “aggravated” or a “felony” in the place where the crime was committed to be considered an “aggravated felony” under the Congressional definition of “aggravated felony.” There are numerous non-violent and trivial misdemeanors that are considered aggravated felonies per the immigration laws of the United States. At its inception, the term referred to crimes that were of a violent and non-trivial nature including such crimes as murder, federal drug trafficking, and illicit trafficking of firearms. Today, Congress has expanded the types of crimes that fall under the category of “aggravated felonies” to include non-violent crimes such as simple battery, theft, the filing of a false tax return, and failure to appear in court when summoned. To view the complete list of aggravated felonies under the Immigration and Nationality Act please click here. Other offenses that fall under this category include sexual abuse of a minor, although some states do not classify these crimes as misdemeanors or criminalize such behavior for example in cases of consensual intercourse between an adult and a minor. In most situations, a finding of any of these offenses will result in the loss of most immigration benefits, and in cases where the noncitizen is already a legal permanent resident or is in lawful status, the noncitizen will be subject to deportation.

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On November 20, 2016, the Chief of the Visa Control and Reporting Division of the Department of State, Charles Oppenheim, provided his outlook on recent trends and future projections for employment-based immigrant preference categories of the Visa Bulletin.

December Visa Bulletin Predictions

  • A final action date has been imposed on the EB-4 preference category for the country of Mexico in the month of December
  • The non-minister EB-4 special immigrant category and the I5 and R5 classifications of the immigrant investor pilot program will expire on December 9, 2016.
  • EB-1 China and EB-1 India are expected to be subject to a final action date in the near future
  • A final action cut-off date will be imposed for EB-2 Worldwide, EB-2 Mexico, and EB-2 Philippines by the month of July.

January and February Projections

Regarding movement of EB-4 El Salvador/Guatemala/Honduras during the next 12 months

Oppenheim has stated that the State Department does not have any knowledge of the volume of cases adjudicated by USCIS for this preference category. Due to this lack of information, the State Department does not know at what rate USCIS will pre-adjudicate these cases once the final action date is in place. The reason the December cut-off date for Mexico was imposed was because there was a large number of EB-4 Mexico petitions processed with 2015 and 2016 priority dates. A retrogression of the EB-4 final action date for these countries is not expected to occur during this fiscal year, despite high demand. There is currently a very high level of demand in this category that is expected to continue. Typically, when a final action cut-off date is imposed, demand increases, because applicants rush to apply quickly before a retrogression is imminent.

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It is our pleasure to bring you the latest immigration news.

Adjudication of DACA-based Advance Parole

In response to the uncertain political climate, USCIS has responded to rumors that USCIS has suspended the processing of DACA-based advance parole documents. USCIS has confirmed that they have NOT suspended processing of DACA-based advance parole applications, and will continue to adjudicate these applications as normal. In addition, USCIS released a statement notifying the public that they will continue to process all applications, petitions, and requests consistent with current immigration laws, regulations and policies. We have also learned that USCIS has distributed guidelines to USCIS Field Offices across the United States providing officers with a clear framework regarding the issuance of emergency advance parole documents for DACA applicants. Please be aware that if you are in the process of applying for a DACA-based advance parole document, the advance parole document contains an important disclaimer which states that an advance parole document does not guarantee any person admission to the United States. Customs and Border Patrol may use their discretion in deciding whether or not to admit a person with an advance parole document into the United States. DHS may also revoke or terminate an advance parole document at any time.

Donald Trump on Visa Program Abuses

On November 21, 2016 the President-elect, Donald Trump, released an update on the Presidential Transition, outlining some of his policy plans for his first 100 days in office, including his day one executive actions. Donald Trump announced that he during his first day in office he plans to direct the Department of labor to investigate all abuses of visa programs that undercut the American worker. So far, it is unclear what position he will take on nonimmigrant worker programs.

Increase in Filing Fees

On December 23, 2016 USCIS will increase filing fees for certain immigrant and nonimmigrant petitions processed by the service. In order to avoid these fee increases, USCIS must receive your application before this date. The petitions that will be most heavily impacted by the fee increases include Form I-924 for Immigrant Investor Pilot Program, Form I-526 Immigrant Petition by Alien Entrepreneur, the N-400 application for citizenship, I-129 Petition for Nonimmigrant workers, the I-485 Adjustment of Status Application, the I-130 Petition for Alien Relative, the I-129F petition for alien fiancé, and the I-751 Petition to Remove Conditions on Permanent Residence. Fee waivers are available for select family based petitions. For a complete list of the fee schedule please click here.

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The Department of Homeland Security is expected to publish a final rule tomorrow November 18, 2016 benefitting EB-1, EB-2, and EB-3 employment-based immigrant workers and highly-skilled nonimmigrant foreign workers. The final rule is effective January 17, 2017. The final rule will streamline the process for employment based sponsorship of nonimmigrant workers for lawsuit permanent resident status (LPRs), increasing job portability, and promoting stability, flexibility, and transparency in the way DHS applies its policies and regulatory practices to these programs. These changes were proposed in order to better equip U.S. employers to employ and retain highly skilled foreign workers who are the beneficiaries of employment-based immigrant visa petitions known as Form I-140 petitions. The new rule will allow foreign workers to have more flexibility, and affords workers the opportunity to further their careers by accepting promotions, giving them the freedom of being able to change positions with current employers, change employers, or pursue other employment.

The final rule conforms with longstanding policies and practices in accordance with the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) and the American Competitiveness in the Twenty-first Century Act of 2000 (AC21). The final rule seeks to further enforce the principles embodied in these pieces of legislation by providing nonimmigrant workers who have been sponsored for permanent residency based on the filing of an I-140 petition, greater flexibility and job portability, while expanding the competitiveness of American employers, boosting the U.S. economy, and protecting American workers. The final rule also clarifies and improves DHS policies and practices outlined in policy memoranda and precedent decisions of the Administrative Appeals Office. The final rule seeks to clarify regulatory policies in order to provide greater transparency to stakeholders. The final rule also clarifies interpretative questions related to ACWIA and AC21.

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Days after defeating Hillary Clinton in the biggest political upset in American history, President elect Donald J. Trump met with outgoing President Barack Obama this morning to ensure a peaceful transition of power. A triumphant Donald Trump also met with Republican Senate Majority Leader Mitch McConnell, and the Republican Speaker of the House of Representatives Paul Ryan to discuss his policy priorities, and the unification of the Republican party. Although Donald Trump will not be inaugurated until January 20, 2017 he has made it clear that he plans to work with Republicans in the House and the Senate, to pass legislation on wide ranging issues during his first 100 days in office. Working with a Republican House of Representatives and Republican Senate, Donald Trump announced his administration’s top three priorities: immigration, health care, and job creation. After meeting with Mitch McConnell on Capitol Hill, Trump told reporters “we’re looking very strongly at immigration, we’re going to look at the borders, very importantly, we’re looking very strongly at healthcare and we’re looking at jobs.”

While Trump has not provided details on what his immigration policy might look like, he has outlined his 10-point immigration plan on his campaign website and his all new website Greatagain.gov.

Here’s what we know so far about what immigration policy might look like under the Trump administration:

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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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Today, October 24, 2016 the Department of Homeland Security published the final rule increasing fees for certain immigration and naturalization petitions processed by U.S. Citizenship and Immigration Services (USCIS). Overall the Department of Homeland Security increased filing fees for certain petitions by an average of 21 percent. The new fees will be enforced by USCIS beginning December 23, 2016. The fee schedule has been adjusted following the agency’s decision to conduct a comprehensive review of filing fees for fiscal year 2016/2017. USCIS determined that an adjustment in the filing fees would be necessary in order for USCIS to recover costs for services expended and maintain adequate service. The proposed fee schedule was first published on May 4, 2016. The final rule clarifies that all persons applying for immigration benefits may be required to appear for biometrics services or an interview, and thus must pay the biometrics services fee accordingly.

EB-5 Investor Visa Program

The EB-5 Immigrant Investor Visa Program will be most heavily impacted by the new fee schedule. The new filing fee for Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program, will increase by a rate of 186% requiring Regional Centers seeking designation under the program, to pay a filing fee of $17,795 instead of the current rate of $6,230. Regional Centers will be required to pay a $3,035 annual fee to certify their continued eligibility for the designation.

The filing fee for the I-526 Immigrant Petition by Alien Entrepreneur, an application associated with the EB-5 visa program, will increase to $3,675, a 145% increase up from the current rate of $1,500. The filing fee for an investor’s petition to remove conditions on residence remains unchanged.

Naturalization

USCIS has established a three-tiered fee schedule for naturalization applicants filing Form N-400 Application for Naturalization. First, the fee schedule includes a standard filing fee for most applicants, from a rate of $595 to $640. Second, DHS has established a reduced fee of $320 for naturalization applicants whose household income is greater than 150% but less than 200% of the Federal Poverty Guidelines. Third, there will be no filing fee for naturalization applicants who are members of the military, applicants with approved fee waivers, and others who may qualify for a fee waiver according to sections 328 or 329 of the Immigration and nationality Act (INA).

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Yesterday, October 19th the third and final Presidential debate took place in Las Vegas, Nevada. This was the last opportunity Presidential candidates, Donald J. Trump, and Hillary R. Clinton, had to present their positions on various different issues, and make a final attempt to gain the support of undecided voters. The debate has left much to talk about, while many questions still remain unanswered. The moderator of the debate, Chris Wallace, of FOX news questioned the candidates on various different topics ranging from the Supreme Court nomination, economy, foreign policy, and more importantly the candidates’ positions on immigration reform.

On the subject of immigration, the moderator introduced his question on immigration by providing an overview of each candidate’s positions on immigration. Wallace discussed the fact that throughout his campaign, Donald Trump has staunchly advocated for mass deportations and the building of a more secure border, which he believes will successfully deter undocumented immigrants, criminals, and terrorists from entering the United States.

By contrast, Wallace highlighted the fact that Hillary Clinton has offered no specific plan on how she would secure our southern borders, where there is currently a massive influx of immigrants, specifically unaccompanied children from Central America, seeking refuge in the United States. Wallace reiterated Hillary Clinton’s commitment to offer a comprehensive immigration reform package within the first 100 days she is in office that includes a pathway to citizenship for undocumented immigrants, with proven ties to the United States.

Each candidate was asked to discuss why their immigration policy is the best, and why their opponent is wrong. Donald Trump was given the first opportunity to respond. Trump opened the conversation on immigration by taking the position that providing amnesty for undocumented immigrants would be a ‘disaster’ for various different reasons. First, he stated that it would be unfair for undocumented immigrants to be given a path to citizenship, while immigrants wishing to enter the United States legally, are forced to wait many years to obtain permanent residence. Second, he emphasized that securing our country’s borders is his number one priority. Trump bolstered his claim that strong borders are necessary, by referring to mothers he had met on the campaign trail, whose children were brutally killed by people he claims entered the country illegally. He also stated that for the first time ever he has been endorsed by 16,500 Border Patrol Agents, as well as ICE who share in his belief that our country needs strong borders. Third, Trump claims that strong borders are necessary to deter the thousands of people who are coming into the country illegally, and to prevent drugs from pouring into the United States. Lastly, he stated that the war on drugs is the biggest problem the United States is facing today, thus in his view this presents an even greater obligation to secure our borders. He blamed the Obama administration for its failure to deter illegal immigration, illicit drugs from coming into the United States, and for allowing criminals to enter the United States.

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