Articles Posted in Joe Biden

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Welcome back to Visalawyerblog! In this blog post we share with you some recent news regarding a new class action lawsuit that has been filed by 49 plaintiffs against the Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), seeking relief from the extreme processing delays currently taking place for I-765 applications for employment authorization (EADs) filed by individuals seeking adjustment of status (AOS) in the United States, and for I-765 applications filed by E-2 dependent spouses with USCIS.

Currently, USCIS reports that I-765 work permit applications based on a pending I-485 adjustment of status application are taking between 20 to 21.5 months to process at the California Service Center; while it is taking 9 to 9.5 months to process work permit applications at the National Benefits Center; and 9.5 to 10.5 months to process such applications at the Nebraska Service Center.

The new legal challenge against the government has been mounted by the American Immigration Lawyers Association (AILA), Wolfsdorf Rosenthal LLP, Joseph and Hall PC, Kuck Baxter Immigration LLC, and Siskind Susser PC.

The lawsuit seeks to hold the government accountable once and for all for the exorbitant processing times taking place for work permit applications to be adjudicated, especially those at the California Service Center. Under the law, applicants for adjustment of status are afforded the option of applying for temporary employment authorization while their green card applications are pending with USCIS, through what is supposed to be an easy procedure that involves filing a simple I-765 application for employment authorization. In normal circumstances, such employment authorization applications took on average 7 to 9 months to be adjudicated. Since the onset of the pandemic however USCIS has not been able to adjudicate these applications within reasonable timeframes.

Processing times have gotten worse and worse to the point that applicants are receiving their green card interview appointments before even coming close to receiving an approved employment authorization document. This has resulted in applicants being unable to seek employment while waiting for their green card applications to process. This has caused great cause for concern for individuals who have a job offer lined up or who need to work to maintain their households. Further, the American economy is experiencing more and more labor shortages as they struggle to get individuals back to work. The situation at the USCIS level is making it even more difficult for American businesses to find qualified workers.

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A new House reconciliation bill adds new language that could open a path to permanent residency for highly skilled immigrants without waiting for their priority date to become current.

The new bill, known as H.R. 5376 “the Build Back Better Act,” is the latest initiative backed by the Biden administration to strengthen the middle class and enhance economic ingenuity.  Interestingly, the bill provides a framework that would improve and reform our immigration system with particular benefits for highly skilled immigrants.

If passed section 60003 of the reconciliation bill would exempt an alien (and the spouse and children of such alien) from the numerical limitations described in the employment-based immigration section of the Immigration and Nationality Act, and allow the alien and any follow-to-join dependents to adjust their status to permanent residence provided such alien submits or has submitted an application for adjustment of status and . . . is the beneficiary of an approved petition . . . that bears a priority date that is more than 2 years before the date the alien requests a waiver of the numerical limitations; and pays a supplemental fee of $5,000.” (Emphasis added.)

If passed these legislative measures would be extremely beneficial to highly skilled workers because it would allow employees in the visa backlogs to file for adjustment of status without waiting for a priority date to become available. Following this proposal, once a labor certification application would be approved by the Department of Labor, an employee could be eligible to file his or her I-485 adjustment of status application concurrently with his or her I-140 petition for alien worker and apply for temporary work authorization while the applications would remain pending with USCIS.

The House reconciliation bill would also allow family-based immigrants inside the United States to gain permanent residence outside the numerical limits if their priority date is “more than 2 years before” and the individual pays a $2,500 supplement fee. EB-5 category (immigrant investor) applicants would need to pony up a $50,000 supplement fee. The provisions to pay a supplemental fee to receive a green card outside the numerical limits would expire on September 30, 2031.

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Source: Flickr, Attribution: mollyktadams

We are saddened to report that late Friday, July 16, 2021, Federal Judge Andrew Hanen of the United States District Court for the Southern District of Texas, granted the plaintiffs in the case, State of Texas, et al., vs. United States of America, et.al, a permanent injunction, pending ongoing litigation over the legality of the Deferred Action for Childhood Arrivals (DACA) program.

As a result, new first-time applications for the DACA program will no longer be approved by the United States Citizenship and Immigration Services (USCIS) following Judge Hanen’s ruling.  Friday’s decision in Texas v. United States is sure to be appealed, though there is a reasonable chance it will be upheld, especially by the conservative leaning Supreme Court of the United States.

In his ruling, Federal Judge Hanen declared that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) with the initial creation of the Deferred Action for Childhood Arrivals (DACA) program and its continued operation. Accordingly, he has ordered that the DACA Memorandum and the subsequent creation of the DACA program be vacated and remanded to DHS for further consideration.

This action removes protections from deportation for thousands of undocumented young adults who came to the United States as children, otherwise known as Dreamers, and casts doubt on the future of the program.

Judge Hanen specifically stated that his ruling does not impact the hundreds of thousands of DACA recipients and others who have relied on the DACA program for almost a decade. This means that while new first-time applications for DACA will no longer be adjudicated by USCIS, Hanen’s ruling will not impact current DACA recipients.

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We are excited to share with you some new updates regarding the immigrant visa backlog.

On May 25, 2021, the U.S. Department of State: Bureau of Consular Affairs, hosted a live YouTube Question and Answer session with Neal Vermillion, Division Chief at the U.S. Visa Office of the Bureau of Consular Affairs, where he discussed how Consular sections have been prioritizing cases during the phased resumption of visa services, and information about the status of the current immigrant visa backlog worldwide.

Neal Vermillion works directly with the Office of Field Operations, which is a government agency that provides guidance to Consular sections including Embassies and Consulates around the world. He has worked with the Department of State since the early 2000’s in various roles and has invaluable expertise on visa operations at Consular sections around the globe.

In this post, we will share with you the highlights of this session which you may find useful to determine the progress of your visa and what you can expect with regard to visa processing in the coming months.


DOS Q&A Session with Neal Vermillion: Immigrant Visa Backlog Q&A



Neal’s Introductory Remarks

I would first like to say a few remarks before we get to that question and the other specific ones. In terms of the history, here we are almost June 2021. Those of you that follow our immigrant visa processing overseas know, we actually shut down due to the pandemic. Visa processing shut down for several months last year at this time, and we really didn’t start the reopening process until July of last year. This is one significant factor that is leading to this backlog discussion that we are having today.

Another point I want to highlight that is another prong of why we are where we are is, you may recall, last spring as well, then President Trump signed Presidential Proclamation 10014, which President Biden rescinded in late February of this year, but that Proclamation prevented the issuance, even when we were open and our Consular sections were processing some visas, that prevented the issuance and travel of many many different types of immigrant visas.

A third prong as we’re talking about Presidential Proclamations, is … some of you may be aware, there are actually still in effect geographic Proclamations, as we call them, which basically are again Presidential Proclamations that have been issued to help protect the homeland, protect health and security.

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Welcome back to Visalawerblog! It is another exciting week in the world of immigration. In this blog post, we talk about a new Presidential Proclamation signed on May 14, 2021, by President Biden entitled, “A Proclamation on Revoking Proclamation 9945,” designed to revoke a previously issued Trump era proclamation.


Proclamation 9945


As our readers may recall, back on October 4, 2019, then President Donald Trump passed Proclamation 9945, with the goal of suspending the entry of immigrants found to be a financial burden on the United States health care system. Proclamation 9945 went into effect on November 3, 2019, and required immigrant visa applicants to show to the satisfaction of a Consular officer, that either:

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The Department of State has released the visa bulletin for April 2021 outlining the availability of immigrant visa numbers for the upcoming month.

NOTE: Adjustment of Status Filing Charts April 2021

USCIS has not yet advised the appropriate cut off date chart for acceptance of adjustment of status applications filed with USCIS in the month of April. Please keep checking back to the USCIS website for more information, since we do not yet know if adjustment applications will be based on the Final Action dates chart, or on the Dates for Filing Chart.  

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The news we have all been waiting for is finally here. The Democratic controlled House of Representatives has taken a colossal step toward making comprehensive immigration reform a reality. On Thursday evening, members of the House voted along party lines to approve two legislative proposals that would create a pathway to citizenship for an estimated eleven million undocumented immigrants living in the United States, including Dreamers and farmworkers. These proposals are known as (1) the American Dream and Promise Act of 2021 and (2) the Farm Workforce Modernization Act of 2021.


What is the American Dream and Promise Act – H.R. 6?


The American Dream and Promise Act, also known as H.R. 6, creates an earned path to citizenship for more than two million Dreamers who were brought to the United States as children, as well as beneficiaries of certain temporary humanitarian programs including recipients of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS). This proposal consists of


Title I: Dream Act of 2021


Title I of the Act would allow certain long-term residents who entered the United States as children to apply for conditional permanent resident status. Those who would obtain conditional permanent resident status would be considered lawfully admitted for permanent residence under the law.

Requirements

The American Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

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Happy Friday! We bring you an exciting new update about the public charge rule. On Thursday, March 11, 2021, the Biden administration formally rescinded the Trump era “public charge rule,” which has been responsible for causing great headaches among adjustment of status and immigrant visa applicants.

The public charge rule was first announced by the Department of Homeland Security on October 10, 2018, bringing with it a new set of regulations that made it more difficult for certain adjustment of status applicants to gain permanent residence in the United States.

Specifically, it was announced that the public charge rule would apply to all adjustment of status (green card) applications postmarked on or after February 24, 2020. In addition, the public charge rule of inadmissibility was applied to:

  • Applicants for an immigrant visa abroad
  • Applicants for a nonimmigrant visa abroad
  • Applicants for admission at the U.S. border who have been granted an immigrant or nonimmigrant visa, and
  • Nonimmigrants applying for an extension or change of status within the United States

Individuals applying for a green card or immigrant visa based on family sponsorship were most affected by this rule.

Further, a slew of special types of immigrants were allowed to be excluded from the rule including asylees, refugees, VAWA, TPS, DACA, Special Immigrant Juveniles, T nonimmigrants, U nonimmigrants, and such special types of immigrant classifications.

As a result of this rule, USCIS introduced a mandatory form to be submitted with all green card applications, known as Form, I-944 Declaration of Self Sufficiency, to determine whether a green card applicant would likely become a public charge on the United States government.

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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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