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Our office has been eagerly awaiting the release of the October visa bulletin which ushers in the beginning of a brand-new fiscal year. As our readers will know, a lot has been happening in the world of immigration.

Since March of 2020, U.S. Consulates and Embassies nationwide have suspended routine visa services to the public amid the Coronavirus pandemic. To make matters even more complicated, the President issued a series of Presidential Proclamations suspending the issuance of immigrant visas for most family-sponsored preference categories with limited exceptions including spouses and minor children of United States Citizens. In this post we cover the good, the bad, and the ugly of the release of the October 2020 visa bulletin.


THE BAD AND THE UGLY –

Most Family Sponsored Categories Unable to Obtain Immigrant Visas Due to Consular Closures and Presidential Proclamations

For the most part, nearly all family-sponsored categories on the visa bulletin are impacted by the Presidential Proclamations and individuals impacted cannot obtain an immigrant visa at the U.S. Consulate until the Proclamations terminate on December 31, 2020.

What Family Preference Categories are Impacted?

Presidential Proclamations 10014 and 10052 together suspend the entry of and issuance of visas for the following types of family-sponsored immigrants until December 31, 2020:

  • F2A Spouses and children of green card holders applying at the consulate
  • F-2B Unmarried sons and daughters of green card holders applying at the consulate (21 years of age or older)
  • F-3 Married sons and daughters meaning of US citizens applying at the consulate (children under 21 years old of US citizens are not affected)
  • F-4 Brothers and sisters of US citizens applying at the consulate

As you can see these categories make up the vast majority of the family-sponsored preference categories on the visa bulletin. Only very narrow categories of individuals have been specifically exempted from the Proclamations.

Those exempted include the following:

  • Spouses and children of US citizens applying at the consulate are not affected
  • Sons and daughters under 21 years old of US citizens applying at the consulate are not affected
  • Lawful Permanent Residents of the U.S.
  • Members of the U.S. Armed Forces and any spouse and child of a member of the U.S. Armed Forces
  • Aliens seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional
  • Aliens seeking to enter the U.S. to perform medical research or other research intended to combat the spread of COVID-19
  • Any spouse any unmarried child under 21 years of age of any such alien who is accompanying or following to join the alien
  • Any alien applying for a visa pursuant to the EB-5 Immigrant Investor Program
  • Aliens whose entry furthers important United States law enforcement objectives
  • Any alien seeking entry pursuant to a Special Immigrant Visa in the SI or SQ classification, and any spouse and child of any such individual
    • SI: Certain aliens employed by the U.S. Government in Iraq or Afghanistan as translators or interpreters
    • SQ: Certain Iraqis or Afghans employed by or on behalf of the U.S. Government
  • Any alien whose entry would be in the national interest of the United States (national interest waivers)
  • Aliens seeking entry for asylum, refugee status, withholding of removal, or protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

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With the 2020 elections quickly approaching and much at stake in the world of immigration, we remind you of the upcoming events relating to the presidential election, where you can register to vote and secure a mail in ballot, and of who is eligible to vote in the 2020 presidential election.

Who Can Vote in the U.S. Presidential Election?

You are eligible to vote in U.S. Federal Elections if you are a United States Citizen, regardless of the manner in which you obtained citizenship. U.S. Citizen’s must meet their state’s residency requirements, be 18 years of age on or before election day and register to vote by your state’s deadline. If you are not yet registered to vote, please do so as soon as possible. Voting is one of the most important ways that Americans can participate in our democracy and protect the most vulnerable members of our society.

As a reminder, lawful permanent residents cannot vote in federal elections. Only United States citizens may do so.

For information on your state’s registration requirements please click here.


Criminal Issues May Impact Your Right to Vote

In some states, you may not be able to vote if you have certain felony convictions. If you have questions about whether you may vote in your state, contact your state county election officials where you wish to register to vote.


How Can You Vote?

You may vote either (1) in person at your designated polling place on election day (2) you may vote early in person at your designated early polling place, or (3) you may request a mail-in/absentee ballot if available and vote by mail.

To find your polling place click here.

For information on how to request a mail-in absentee ballot click here.

For information on how to check your registration status click here.

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We are just 60 days away from Election day in the United States which falls on Tuesday, November 3rd. Do you know where your candidate stands on immigration? In this post, we cover Presidential nominee Joe Biden’s stance on important immigration issues, and everything you need to know about his vision for America.

We would also like to take this opportunity to remind those of our readers who are American citizens to exercise their right to vote. It is your civic duty and will help shape the nation’s immigration policy for the next four years. For voter registration information please click here.


Immigration under Joe Biden

If elected President of the United States, Joe Biden has stated that he will enact a number of policies during his four-year term. Among these policies, he promises to take urgent action to undo destructive policies implemented by the Trump administration, modernize the immigration system, reassert America’s commitment to asylum-seekers and refugees, and implement effective border screening.


Comprehensive Immigration Reform

First and foremost, Joe Biden supports working with Congress to pass a comprehensive immigration solution that would offer nearly 11 million undocumented immigrants a path to citizenship. As vice president, Joe Biden worked alongside former President Obama to push forward a bill that would do just that. Unfortunately, the Republican-led Congress refused to approve the bill, leaving millions of undocumented immigrants in limbo including Dreamers.

Joe Biden advocates for the creation and expansion of the Deferred Action for Childhood Arrivals program (DACA), the Deferred Action for Parents of Americans (DAPA) program,  the Central American Minors program, which allows parents with legal status in the U.S. to apply to bring their children from Central America to live with them, and the creation of a White House task force to support new Americans to integrate into American life and their communities.

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In this blog post we would like to report on a new executive order recently signed by President Donald Trump on August 3, 2020, entitled “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers,” which carries implications for temporary foreign workers, especially those whose job depends on or was created by a federal government contract.


What is the order all about?

The executive order was passed to create increased opportunities for American workers to compete in the job market, especially during the difficult economic crisis created by COVID-19.  The order directs the heads of federal agencies to review federal contracts to assess any “negative impact” that the hiring of temporary foreign workers has had on American workers. The order states, “when employers trade American jobs for temporary foreign labor, for example, it reduces opportunities for U.S. workers in a manner inconsistent with the role guest-worker programs are meant to play in the Nation’s economy.”

Specifically, the executive order calls upon departments and agencies to review federal contracts and hiring practices of temporary foreign workers in fiscal year 2018 and 2019 to assess “whether contractors (including subcontractors) used temporary foreign labor for contracts performed in the United States and if so…whether opportunities for U.S. workers were affected by such hiring…”

Most importantly, section three of the executive order requires the Secretaries of Labor and Homeland Security to take action within 45 days (by September 17) to protect the jobs of American workers and insulate them from any negative effects on wages and working conditions caused by the employment of H-1B visa workers specifically. The order grants DHS and DOL broad discretion to introduce new measures that could negatively affect H-1B employers. While these measures are yet to be seen, we believe this may signal the proposal of additional regulations to prevent the displacement of U.S. workers in the future.

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This afternoon, a federal judge in Maryland quietly handed down a victory for new DACA applicants. The judge in the case, Casa de Maryland v. U.S. Department of Homeland Security, has ordered the government to restore the Deferred Action for Childhood Arrivals (DACA) program to its pre-September 2017 status, meaning that first-time applicants can now apply for Deferred Action and an employment authorization document from the United States Citizenship and Immigration Services.


What was this lawsuit about?

The Casa de Maryland v. U.S. Department of Homeland Security lawsuit was brought on October 5, 2017, in the U.S. District Court for the District of Maryland, to challenge the Trump administration’s revocation of the Deferred Action for Childhood Arrivals (DACA) program. The plaintiffs were a group of nonprofit organizations and DACA recipients who sought to enjoin (stop) the federal government from terminating the DACA program. The plaintiffs argued that the Trump administration’s 2017 rescission of the program was motivated by discriminatory animus toward individuals from Mexico and Central America. They also argued that revoking DACA violated Fifth Amendment due process and equal protection, and the Administrative Procedure Act.

In response to the lawsuit, the government filed a motion to dismiss the lawsuit. On March 5, 2018, the judge ordered the government to stop using or sharing information provided by DACA applicants for enforcement or deportation purposes, but declared that the Trump administration’s rescission of the DACA program was valid and constitutional.

On April 27, 2018, the plaintiff’s appealed the case to the Fourth Circuit Court of Appeals. The appeals court reversed the district court’s decision finding that the rescission of DACA was invalid and unconstitutional. The court decided that the government’s rescission of DACA was arbitrary and capricious and remanded the case back to the lower courts.

Today, on remand in accordance with the U.S. Supreme Court’s June 18, 2020 decision holding that rescission of DACA was arbitrary and capricious in violation of the APA, the judge’s decision “restores DACA to its pre-September 5, 2017, status…”

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Welcome to 2020! It’s a new year and a brand-new decade. In this post, we cover the things you need to watch and groundbreaking events taking place in 2020 that will shape the future of immigration for years to come.

2020 Presidential Election

One of the most momentous events in American history will take place November 3, 2020, as Americans head to the polls to vote for the next President of the United States. The winner of the 2020 presidential election will be inaugurated on January 20, 2021.

Candidates for the Presidency will take part in dozens of debates leading up to the presidential election during the next few months. As it stands, fourteen Democratic nominees remain in the 2020 presidential race vying for an opportunity to oppose President Donald Trump come November.

The top Democratic candidates include Joe Biden, Bernie Sanders, Pete Buttigieg, and Elizabeth Warren. On February 3, 2020 these candidates will participate in the Iowa Democratic caucuses, the first nominating contest in the Democratic Party presidential primaries.

For its part, the Republican National Committee has pledged its support to President Trump in his re-election bid, meaning that Donald Trump will likely be unopposed in the 2020 Republican Party presidential primaries. Only two other Republican candidates have formally announced their intent to take part in the presidential race, including Joe Walsh and Bill Weld.

As previously reported, the outcome of the 2020 Presidential election will have a profound effect on the future of immigration, given the central role that the topic has had in American politics during the Trump administration, and its continued level of importance in the 2020 election.

The Supreme Court will take on the issue of DACA

During the Spring of 2020, several big decisions will be made on immigration by a conservative Supreme Court.

On June 28, 2019, the U.S. Supreme Court agreed to hear lawsuits filed against the Trump administration challenging the President’s decision to abruptly terminate Deferred Action for Childhood Arrivals (DACA). Oral arguments began on November 12, 2019 in Washington D.C., and a final decision is expected to be handed down by the court this spring.

Currently five conservative justices sit on the bench (Chief Justice Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh), tipping the scales in favor of conservatives with regard to the future of DACA.

A decision in favor of the President would mean the end of the program and no legislative solution to shield Dreamers from deportation. Perhaps more importantly, the decision would re-energize the President’s base, increasing the President’s chances for re-election.

While a decision against the Trump administration would preserve the DACA program and allow Dreamers to continue to live and work in the United States without fear of deportation. Such a decision would also impact the outcome of the Presidential election, given that it would unify the Democratic party and supports sympathetic to the plight of Dreamers.

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In this article, we will discuss how the upcoming Presidential election could impact immigration for years to come.

On November 3, 2020 Americans will head to the polls to cast their votes for the next President of the United States. While the upcoming presidential election seems far into the future, Americans must now begin to consider how their votes could impact the future of immigration.

During the 2016 election, the topic of immigration took center stage and has continued to remain a prominent topic of contention among Democrats in Republicans. In part immigration was catapulted to mainstream media by then Presidential nominee Donald Trump, who made the topic of immigration a central issue of his campaign, by means of his campaign logo “Make America Great Again,” to highlight the discontent that many Americans felt regarding illegal immigration, the availability of jobs in the United States, and the country’s general loss of “status” in relation to other countries. Throughout his campaign, Donald Trump consistently made pledges to his supporters with respect to immigration, including a promise to build a wall and ensuring Mexico pay for it, ending birthright citizenship, ending “mass” migration of Syrian refugees, removing undocumented immigrants from the United States, and limiting legal immigration, to name a few of his campaign promises. The President also vowed to serve the interests of America and its workers, calling them “the forgotten people.” This rhetoric proved to be successful as disenchanted Americans across the country began to rally in support of Donald Trump helping him win the Presidency.

The President’s strategy was so successful, that other Republicans have taken a page out of Donald Trump’ s playbook, using the same rhetoric to gain the support of rural Americans.

This same anti-immigrant rhetoric is expected to take center stage during the upcoming presidential election. Republicans have remained united on the issue of immigration and have consistently supported Trump’s policies even where courts have struck down the President’s orders with respect to ending DACA.

Today, Americans remain largely divided on the issue of immigration, making the outcome of the Presidential election all the more unpredictable. The President’s current impeachment proceedings have also thrown a wrench into the process, creating deep divisions among party lines.

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In this blog post we cover where the top democratic presidential candidates stand on the issue of immigration. At the moment only three Republicans have announced their participation in the 2020 election, therefore we will focus on the democratic candidates until more Republican candidates have formally announced their presidential bids.

On the democratic front, over sixteen candidates have formally announced their participation in the 2020 Presidential election, with many more rumored to join their ranks in the coming months.

Over the last five months, presidential hopefuls, Former Vice President Joe Biden, U.S. Senator Bernie Sanders, U.S. Senator Kamala Harris, U.S. Senator Elizabeth Warren, and U.S. Senator Amy Klobuchar, have battled one another taking part in debates across the country. Not surprisingly, the topic of interest in these debates has turned to immigration.

Joe Biden

Joe Biden is a familiar face to all Americans, having served as former Vice President during the Obama administration for 8 years, but Joe Biden’s performances in the latest democratic debates have been lackluster at best.

In a recent debate moderators criticized Joe Biden for being part of an administration that was responsible for deported 3 million people, the most in United States history. When asked if he did anything to prevent the deportations, Biden deflected stating that his own power was limited and that the former President “did the best that was able to be done.”

Joe Biden has appeared weak on immigration. Although he has acknowledged that the American immigration system is broken, he has provided few solutions on how to unify Congress to pass comprehensive immigration reform. Joe Biden has also prioritized securing the South West border and publicly stated during debates that undocumented immigrants need to “get in line,” to obtain legalization like everyone else.  Like his predecessors Joe Biden’s immigration policy prioritizes the entry of highly skilled immigrant workers, and fails to offer solutions to the millions of undocumented immigrants living and working in the United States for decades.

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Yesterday, January 27, 2017, President Donald Trump signed and handed down the controversial executive order, “Protecting the Nation from Terrorist Attacks by Foreign Nationals” on immigration to protect the nation from terrorist attacks by foreign nationals. Among its main provisions the order suspends IMMIGRANT AND NON-IMMIGRANT entry of foreign nationals from countries of “particular concern” including Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen for 90 days, indefinitely suspends Syrian refugees from entering the United States until the U.S. refugee admissions program has been overhauled, and terminates the visa waiver interview process. The temporary ban will affect all non-U.S. Citizens from Syria, Iraq, Iran, Libya, Somalia, Sudan, and Yemen including green card holders and valid U.S. visa holders. Foreign nationals of these countries will not be allowed to return to the United States for a period of 90 days, after temporary foreign travel, even if they are green card holders or visa holders. For this reason, if you are a foreign national from one of these countries, you should not engage in temporary foreign travel until the temporary ban has been lifted. Visa and green card holders already in the United States will be allowed to remain without problems.

An exemption has been drawn for immigrants and legal permanent residents whose entry is in the U.S. national interest, however it is not yet clear how that exemption will be applied.

Below is a summary of the main provisions of the order per the OFFICIAL signed copy.

To read the complete version please click here.

  1. Suspension of Issuance of Visas and Other Immigration Benefits to Nationals of Countries of Particular Concern
  • The immigrant and nonimmigrant entry into the United States of aliens from countries designated (including Syria, Iraq, Iran, Libra, Somalia, Sudan, and Yemen) is suspended for 90 days from the date of the order January 27, 2017 (excludes foreign nationals traveling on diplomatic visas, North Atlantic Treaty Organization visas, and C-2 visas for travel to the United Nations). This means that if you are a citizen of a country of “particular concern” as outlined above, you will NOT be allowed to re-enter the United States, after temporary foreign travel, until the ban has been lifted, even if you are a legal permanent resident (immigrant) or holder of a valid visa. If you are a foreign national of one of the above countries and you are an immigrant (green card holder) or non-immigrant (valid visa holder), you must NOT travel internationally. Otherwise, you will risk being denied re-entry.
  • The Secretary of State and Homeland Security may submit to the President the names of additional countries who pose a security risk and are recommended for suspension.
  • The Secretary of Homeland Security, in consultation with the Secretary of State and the Director of National Intelligence, must immediately conduct a review to determine the information needed from any country for adjudication of any visa, admission, or other benefit under the INA adequate to confirm the identity of the individual seeking the benefit and ensure that they are not a security or public-safety threat to the United States.

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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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