Visa Lawyer Blog

Articles Posted in Permanent Residents

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united-states-8911597_1280After months of speculation and buildup, President Trump’s long-anticipated travel ban has finally arrived.

Issued by executive order on June 4th President Trump’s travel ban entitled “Restricting the Entry of Foreign Nationals to Protect the United States from Foreign Terrorists and Other National Security and Public Safety Threats,” closely mirrors the leaked draft that first surfaced in early March through the New York Times.

That draft hinted at sweeping restrictions targeting so-called “red,” “orange,” and “yellow” countries—coded designations that formed the backbone of President Trump’s proposed directive.

While there are notable differences, as predicted, the administration has framed the ban as a national security measure, but critics argue it remains susceptible to being challenged or overturned through lawsuits that may soon be filed in federal court.

Here’s what you need to know.

President Trump’s travel ban goes into effect today Monday June 9, 2025, at 12:01 am Eastern Daylight time.

Who it Affects

Full Suspension on Nationals from Countries of Concern

The travel ban temporarily suspends the entry of both immigrants and non-immigrants from 12 designated countries who are outside the United States and do not have a valid visa on the effective date of the proclamation, including Afghanistan, Burma, Chad, the Republic of the Congo, Equatorial Guinea, Eritrea, Haiti, Iran, Libya, Somalia, Sudan, and Yemen.

However, several key exceptions apply for lawful permanent residents (LPRs), immediate family members of U.S. citizens, dual nationals, athletes and teams competing in major international sporting events such as the World Cup and the Olympics, and others (a full list of exceptions is provided below).

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court-5665886_1280
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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patty-zavala-TKwGZ9a6YHU-unsplash-scaledThe Department of Homeland Security has announced the implementation of its REAL ID enforcement measures at Transportation Security Administration (TSA) checkpoints nationwide as of May 7th.

Anyone 18 years and older traveling domestically within the United States must have a REAL ID-compliant state-issued driver’s license or another accepted form of identification to board a commercial flight.

According to the agency, 81 percent of travelers are already REAL ID compliant.

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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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may-4999078_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the May 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 May.

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 May.

Please click here for more information.

Highlights of the May 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

  • No change

Final Action Advancements & Retrogressions

EB-3 Professionals and Skilled Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

EB-3 Other Workers

  • EB-3 India will advance by 2 weeks to April 15, 2013

EB-5 Unreserved Categories (C5, T5, I5, and R5)

  • India will retrogress by 6 months to May 1, 2019

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boeing-159589_1280A new article published in the New York Times reveals the 43 countries that are reportedly included in President Trump’s new travel ban, expected to be released by executive order on Friday March 21st.

According to anonymous government sources, the White House is considering a draft proposal establishing partial or full suspensions on entry to the United States for countries falling into three different tiers: red, orange, and yellow.

The “red” list of countries includes nationals whose entry to the United States would be barred for a temporary period that is yet to be determined by the U.S. government including:

  • Afghanistan
  • Bhutan
  • Cuba
  • Iran
  • Libya
  • North Korea
  • Somalia
  • Sudan
  • Syria
  • Venezuela and
  • Yemen

The draft proposal also includes an “orange” list of countries whose nationals would not be barred from the United States, but who must be properly vetted and screened at mandatory in-person visa interviews before gaining admission to the United States.

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calendar-162126_1280We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the April 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 April.

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 April.

Please click here for more information.

Highlights of the April 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Dates for Filing Advancements

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

  • EB-2 India will advance by 1 month to February 1, 2013
  • EB-2 China will advance by 1 month to November 1, 2020

EB-3 Other Workers

  • EB-3 Worldwide, Mexico, and the Philippines will advance by 1 month to June 22, 2021

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ai-generated-8775943_1280We knew it was coming. The Trump administration is preparing to roll out a new ban on travel to the United States, restricting the entry of citizens from certain countries for which vetting and screening warrants a partial or full suspension of admission to the United States. This travel restriction is rumored to take place by executive action next week.

If this sounds like déjà vu, that’s because it is.

During his first term in office, in 2017 Trump signed Executive Order 13769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States,” which banned nationals from seven Muslim-majority countries from entering the United States for a period of 90 days.

This executive order caused international chaos, due to several key provisions:

  • It suspended the entry of immigrants and non-immigrants from seven predominantly Muslim countries including Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen – for 90 days
  • The order indefinitely suspended the entry of Syrian refugees
  • It reduced the number of refugees to be admitted to the United States in 2017 to 50,000
  • The U.S. Refugee Admissions Program (USRAP) was suspended for 120 days

Implementation of this executive order led to controversy and numerous legal challenges:

  • More than 700 travelers were detained, and up to 60,000 visas were “provisionally revoked”
  • Protests and chaos erupted at airports across the country
  • Multiple lawsuits were filed in federal court challenging its constitutionality

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judge-7602999_1280Last week the United States Citizenship and Immigration Services (USCIS) released a new policy memorandum that requires the agency to initiate removal proceedings after it denies an application for an immigration benefit, if the foreign national is no longer lawfully present in the United States.

Importantly, the memo exempts certain individuals including beneficiaries of employment-based petitions, but it does not exempt dependent family members.

The memorandum also broadens USCIS’s authority to begin removal proceedings for certain foreign nationals with previous criminal charges, arrests, or convictions.

It is effective immediately.

How will USCIS implement this policy?

Under this policy, USCIS will initiate removal proceedings against a foreign national by issuing a Notice to Appear (NTA) after it has denied an application for an immigration benefit, if the foreign national no longer has a lawful basis to remain in the United States.

The issuance of a Notice to Appear (NTA) commences removal (deportation) proceedings in immigration court. Those who are issued an NTA must appear on the scheduled date before a judge who will decide whether the foreign national has a lawful basis to remain in the country or should be removed.

Traditionally, Notices to Appear (NTAs) have been issued by Immigration Customs and Enforcement (ICE) and Customs and Border Protection (CBP) officials.

However, USCIS also has the authority to issue NTAs in limited circumstances defined in policy memorandums issued by the agency.

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igor-omilaev-M7iMdnG4R_g-unsplash-scaledWhile signing executive orders in the Oval Office on Tuesday, the President dropped a bombshell informing reporters of his new plan to rollout a new “Gold Card” visa program, which would provide permanent residency to foreign nationals and U.S. employers willing to pay a fee of $5 million.

President Trump said the “Gold Card,” program could be implemented by executive order as soon as the next two weeks.

Joining him in the discussion was the newly appointed Secretary of Commerce Howard Lutnick who shared that the “Gold Card” will eventually replace the EB-5 Immigrant Investor Program.

Created by Congress, the EB-5 program currently gives foreign immigrant investors the opportunity to make a minimum investment of $800,000 in underserved areas of the country in exchange for a conditional 2-year green card. Lutnick criticized the program saying it was “riddled with fraud.”

If the Trump administration has it their way, the EB-5 program may soon be replaced with the more glamorous “Gold Card” which will require enhanced screening and vetting of applications for visas.

When asked by reporters, the President denied the need for Congressional approval to make his plan a reality and said those eligible would not need to pay taxes on income earned outside of the United States.

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