Visa Lawyer Blog

Articles Posted in Inadmissability

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prison-370112_1280Introducing sweeping changes, U.S. Citizenship and Immigration Services (USCIS) has expanded its role by gaining law enforcement powers previously limited to agencies like Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP).

Under a new final rule published today, USCIS will now recruit 1,811-classified special agents—fully empowered officers with authority—to investigate, arrest, and prosecute individuals violating U.S. immigration laws.

What’s Changed?

  • Law Enforcement Authority: The newly designated USCIS special agents are authorized to carry firearms, execute search and arrest warrants, make arrests, and use force—including in pursuit and potentially lethal situations—under standard federal law enforcement protocols.
  • Operational Autonomy: Previously, USCIS investigations—especially those involving criminal violations—were referred to Immigration and Customs Enforcement (ICE).
  • Enforcement Agency: Now, USCIS itself can manage law enforcement investigations from start to finish, including investigating civil and criminal violations within the jurisdiction of USCIS and ordering expedited removal when warranted.

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statue-9782657_1280On Tuesday, August 19th, U.S. Citizenship and Immigration Services (USCIS) issued updated policy guidance clarifying that immigration officers will assess a range of factors when determining whether to grant a favorable exercise of discretion in the green card process—signaling a tougher stance that may create additional hurdles for applicants seeking approval.

Even where a person has met all eligibility requirements for a green card, officers are required to conduct a discretionary analysis to determine whether an application should be approved. This exercise of discretion involves weighing positive factors against negative ones and considering the totality of the circumstances of each applicant’s case.

Among these factors, immigration officers will need to consider the “[legality of] past requests for parole,” “any involvement in anti-American or terrorist organizations,” and “evidence of antisemitic activity,” which are counted as negative factors weighing against a favorable exercise of discretion.

This guidance is also meant to provide clearer guidance to immigration officers on the “substantial negative discretionary weight” that should be given in cases where an individual has “endorsed, promoted, supported, or otherwise espoused the views of a terrorist organization or group.” This includes those supporting or promoting anti-American sentiments, antisemitic terrorism, terrorist groups with antisemitic agendas, or antisemitic beliefs.

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raul-najera-TAqspfWom04-unsplash-scaledOn Friday August 15th, the U.S. Citizenship and Immigration Services (USCIS) released a new policy memorandum (PM-602-0188) increasing the scrutiny of applications for U.S. citizenship, as part of the Trump administration’s latest efforts to tighten eligibility for naturalization.

Specifically, USCIS has directed immigration officers to evaluate additional factors when assessing whether applicants demonstrate “good moral character,” a key requirement for naturalization, alongside passing English and civics tests.

The requirement of “good moral character” is typically met when applicants have no criminal history or have not engaged in conduct that would disqualify them from U.S. citizenship, such as committing violent crimes or aggravated felonies.

Friday’s policy memorandum however expands this determination stating that the “good moral character” assessment must involve more than a “cursory mechanical review focused on the absence of wrongdoing.” The expanded policy will now require “a holistic assessment of an alien’s behavior, adherence to societal norms, and positive contributions that affirmatively demonstrate good moral character.”

This directive mandates greater scrutiny of factors that could show a lack of “good moral character,” which go beyond the crimes and disqualifying conduct previously taken into consideration by USCIS.

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criminal-8444883_1280The unthinkable has now become a reality. In a recent court filing, the U.S. government disclosed that the Internal Revenue Service (IRS) has agreed to disclose protected tax records to aid Immigration and Customs Enforcement (ICE) in the mass deportation of undocumented immigrants.

The existence of this agreement was initially reported by the New York Times and was revealed in response to a lawsuit brought by Centro de Trabajadores Unidos and Immigrant Solidarity Dupage two immigrant worker organizations, against the IRS to prevent them from engaging in the unauthorized disclosure of taxpayer information for purposes of immigration enforcement.

Under the terms of the deal, ICE officials can request information from the IRS about undocumented immigrants they are investigating for failing to leave the country after receiving a final order of removal from a judge.

This news has caused panic among undocumented immigrants who do not want to file their taxes for fear of being deported.

Many will certainly be discouraged from filing their taxes as they have typically done using an Individual Taxpayer Identification Number (ITIN). An ITIN number is issued by the IRS to people who are not citizens and are not otherwise eligible to receive a Social Security number to comply with their tax obligations.

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donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal

En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?

El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV

Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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american-flag-2054414_1280This week President Trump unleashed a fresh barrage of executive orders targeting illegal immigration and antisemitism in the United States.

Executive Order Expanding Migration Operations at Guantánamo Bay

Among these orders, on January 29th the President signed, “Expanding Migration Operations Center at Naval Station Guantánamo Bay,” unveiling his administration’s plans to use a migrant holding facility at the U.S. naval base in Guantánamo Bay, Cuba, to house more than 30,000 migrants deported from the United States.

The White House has said the naval station will soon be operating at its full capacity to detain “high priority” criminal aliens unlawfully present in the United States, and to “address attendant immigration enforcement needs,” identified by the Department of Defense and the Department of Homeland Security.

Immigration advocates have questioned the optics of this decision due to Guantánamo Bay’s sordid history. Once a processing center for asylum seekers and HIV-positive refugees, it has been well known for its detainment of notorious terrorists and unlawful enemy combatants such as the 9/11 mastermind Khalid Sheikh Mohammed. This decision has raised alarm due to Guantanamo’s unfit conditions and frequent human rights violations reported to international human rights organizations.

Despite these criticisms, the White House has said that deported migrants held in Guantánamo will not be detained in the same U.S. military prison where foreign terrorists are being held. Instead, migrants will be placed in a separate holding facility previously used to detain migrants intercepted at sea.

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.

Executive Order: President Trump’s America First Priorities

President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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doctor-5569298_1280Wondering what’s new in immigration? We have some bad news for adjustment of status applicants filing a green card inside the United States.

Effective immediately, the U.S. Citizenship and Immigration Services (USCIS) will now require adjustment of status applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status to submit their application along with the sealed medical examination from their civil surgeon also known as Form I-693, Report of Immigration Medical Examination and Vaccination Record.

Applicants who fail to provide the medical examination may have their I-485 green card application rejected by USCIS.

Why is a Medical Examination Required for a Green Card?

Those who are applying for adjustment of status (a green card) are generally required to undergo an immigration medical examination. During the examination, the civil surgeon will review the applicant’s vaccination history to determine whether the applicant has received all required vaccinations, including the COVID-19 vaccination.

Once the medical examination has been completed, the civil surgeon must sign and provide a sealed Form I-693 report that must be mailed by the applicant along with the I-485 application.

The medical report is necessary to prove that green card applicants are free from health conditions that would render them inadmissible to the U.S. on health-related grounds.

Accordingly, filing the Form I-693 and Form I-485 together is now a requirement.

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megaphone-6587769_1280In a shocking turn of events, the Biden administration recently announced that it will not be renewing humanitarian parole protections for nationals of Cuba, Haiti, Nicaragua, and Venezuela. The CHNV parole program was first launched in October of 2022 to discourage illegal border crossings.

It previously allowed qualifying nationals and their immediate members to apply for advanced travel authorization and granted them a temporary period of parole of up to two years for urgent humanitarian reasons.

Individuals were required to have a U.S. based sponsor and pass security checks as part of the application process. Once paroled into the United States, applicants were eligible to apply for an employment authorization document (EAD) with the U.S. Citizenship and Immigration Services (USCIS).

Now the humanitarian parole program is no more. The government has said that those who came to the United States using the parole policy, will need to obtain legal status through other means before their parole period terminates to remain in the United States. Those who have no lawful basis to remain in the country beyond the parole period will be required to depart or risk being placed in removal proceedings.

According to government data, approximately 538,000 migrants have used the program to travel to the United States (214,000 Haitians, 117,000 Venezuelans, 111,000 Cubans, and 96,000 Nicaraguans).

The first group of nationals who will begin losing their parole status are Venezuelans who arrived in the U.S. through the CHNV program in October 2022. The parole periods of Cubans, Haitians, and Nicaraguans are set to begin expiring early next year.

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beach-4455433_1280In this blog post, we discuss what undocumented spouses and stepchildren of U.S. Citizens can expect after applying for Parole in Place using the new USCIS online application called Form I-131F.

What to Expect After Filing Form I-131F Parole in Place

Once you have properly submitted the Form I-131F using your myUSCIS online account, you will receive a I-797 receipt notice from USCIS by mail as proof that your application was submitted. This receipt notice will contain your receipt number which you can use to track your case on the USCIS case tracker.

Please note that the receipt notice can also be accessed on your myUSCIS portal

The Biometrics Appointment

Several weeks after filing Form I-131F, you will receive a biometrics appointment notice, which will indicate the date, time, and location where you must appear for USCIS to collect your fingerprints, photographs, and a signature.

Your biometrics information will be used to run a background check for criminal history, verify your identity and, and to prepare certain immigration documents (for example, an Employment Authorization Document also known as a work permit).

If USCIS has collected your biometrics information in the past, it is possible that they will reuse such information. If that is the case, USCIS will notify you via your myUSCIS online account and send you a notice by mail.

Receiving a Decision

Those who meet the eligibility criteria for parole in place under the Keeping Families Together program, will receive a discretionary grant of parole for a 3-year period.

As part of the decision-making process, USCIS will take into consideration various factors to determine whether a favorable exercise of discretion is warranted in your case such as:

  • Your criminal history
  • The existence of removal proceedings
  • Unexecuted final removal orders
  • The results of background checks, including national security and public safety vetting Positive and adverse factors presented
  • Any other relevant information available to or requested by USCIS.

Those who have any disqualifying criminal history or are found to be a threat to national security, public safety, or border security, may be denied for parole in place.

Factors such as pending criminal charges will make you ineligible for parole in place while the charge remains pending. Certain criminal convictions can also make you ineligible for parole in place under this process.  Please discuss any criminal records with an experienced immigration attorney before filing Form I-131F.

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