Visa Lawyer Blog

Articles Posted in USCIS

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motherhood-7114294_1280Last month, the Supreme Court ruled that lower courts cannot issue nationwide injunctions blocking the Trump administration’s executive order limiting birthright citizenship, except in class action lawsuits.

Prior to the Supreme Court’s ruling, at least three different lawsuits had secured nationwide injunctions protecting all individuals potentially affected by Trump’s executive order restricting birthright citizenship. However, the Court’s ruling scaled back those protections, potentially leaving some children unprotected.

To safeguard all families across the country and address any gaps left by prior legal actions, the American Civil Liberties Union (ACLU) filed a class-action lawsuit, Barbara v. Donald J. Trump to stop the government’s enforcement of the order against all current or future babies born or after February 20, 2025, where:

(1) that child’s mother was unlawfully present in the United States and the child’s father was not a United States citizen or lawful permanent resident at the time of said child’s birth, or

(2) that child’s mother’s presence in the United States was lawful but temporary, and the child’s father was not a United States citizen or lawful permanent resident at the time of said child’s birth.

The U.S. District Judge Joseph Laplante agreed with the plaintiffs and issued a class-wide preliminary injunction blocking Trump’s executive order from being enforced against any affected baby born in the United States after February 20th.

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prison-370112_1280A new lawsuit filed by a man detained in San Diego, California, is challenging the controversial practice of courthouse arrests by U.S. Immigration and Customs Enforcement (ICE) taking place in recent months. The case could offer critical insight into the government’s approach in making these arrests. (A.M. v. Larose (3:25-cv-01412))

The man identified in court filings as A.M. is seeking asylum in the United States after being subjected to torture in his home country from his human rights advocacy. On June 3, he arrived for what he believed would be a routine immigration court hearing but was shocked to find that the judge had dismissed his case and ICE agents were waiting outside, ready to arrest him and take him to Otay Mesa’s Detention Facility to eventually be deported.

Unfortunately, A.M.’s case is not unique. In recent months, the Trump administration has enforced a controversial policy in immigration courts to expedite deportations by instructing judges to swiftly dismiss cases, subjecting individuals to expedited removal without giving them a meaningful opportunity to contest the government’s claims or consult attorneys.

This approach, detailed in a May 30 directive from the Executive Office for Immigration Review, encourages judges to grant oral motions to dismiss without the standard 10-day response period, effectively eliminating opportunities for individuals to contest their cases. Once dismissed, individuals are immediately eligible for expedited removal, making it possible for ICE officers to arrest them.

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gavel-7499921_1280In a stunning turn of events, on Tuesday a federal judge in New York blocked the Trump administration from ending Temporary Protected Status (TPS) benefits for Haitians ahead of schedule, ruling that DHS violated the law in attempting to strip deportations and work permits from over half a million Haitians.

The ruling comes in response to the Department of Homeland Security’s abrupt announcement that it would be terminating Haiti’s TPS designation effective September 2, 2025.

In a decision issued Tuesday, District Court Judge Brian M. Cogan found that accelerating the program’s expiration by at least five months was unlawful and that the government failed to follow required procedures mandated by Congress, such as conducting a review of current conditions in Haiti before ending its TPS designation—a requirement that was not followed in this case.

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haiti-162313_1280On Friday June 27, 2025, the Secretary of Homeland Security Kristi Noem announced that the government will not renew Temporary Protected Status (TPS) benefits for Haiti once the current designation expires on August 3, 2025.

Beneficiaries will be granted a 60-day transition period to make preparations to either depart the United States or seek alternative lawful immigration status in the United States, before Haiti’s designation officially terminates on September 2, 2025.

Employment Authorization

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media-998990_1280On June 18, 2025, the State Department announced that U.S. Embassies and Consulates around the world will resume scheduling appointments for F, M, and J nonimmigrant visas, introducing new guidance that includes stricter vetting procedures and an expanded review of applicants’ social media activity.

Moving forward, all F, M, and J nonimmigrants applying for visas at U.S. Consulates overseas will be instructed to change their social media privacy settings to “public” so that they can be reviewed by Consular officers. Those who fail to comply may be presumed to be evading the vetting process and risk having their application denied.

Under the State Department’s new policy that views a U.S. visa as a privilege rather than a right, these enhanced screening and vetting measures aim to identify individuals who may present a threat to our national security.

As part of the process, visa officers will closely examine applications to confirm both the applicant’s eligibility for the requested visa and their intent to carry out activities aligned with the purpose of their entry into the United States. Internal guidance sent to Consular officers also states that officers should look for, “any indications of hostility toward the citizens, culture, government, institutions, or founding principles of the United States.”

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We are pleased to report that today the U.S. Department of State’s Bureau of Consular Affairs published the July 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 July.

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 July.

Please click here for more information.

Highlights of the July 2025 Visa Bulletin

At a Glance

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

Employment-Based Categories

Final Action Advancements

EB-1 Aliens of extraordinary ability, Outstanding Professors and Researchers, and Certain Multinational Managers or Executives

  • EB-1 China will advance by 1 week to November 15, 2022

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

  • EB-2 China will advance by 2 weeks to December 15, 2020

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beverly-kimberly-tfiGOGEmJVI-unsplash-scaledOn June 4, 2025, President Trump continued his ongoing assault on Harvard University with a new Executive Order entitled, “Enhancing National Security by Addressing Risks at Harvard University.”

Effective June 4th, the order suspends the entry of all nonimmigrants and exchange visitors bound for Harvard University for a period of 6 months, citing national security concerns over Harvard’s failure to police foreign students and ensure that foreign nationals admitted on student and exchange visitor visas remain in compliance with Federal law.

The executive order also accuses Harvard of having extensive entanglements with foreign adversaries including China.

Who is affected?

All nonimmigrants who enter or attempt to enter the United States to begin attending Harvard University through the Student and Exchange Visitor Program (SEVP) after the effective date of the proclamation (June 4, 2025).

The executive order further empowers the Secretary of State Marco Rubio to consider in his discretion whether foreign nationals who currently attend Harvard University and are in the United States pursuant to F, M, or J visas, should have their visas revoked pursuant to the proclamation.

Who is not affected?

The suspension does not impact Harvard students who are already inside the United States with a valid student visa as of the effective date of the proclamation.

The suspension also does not apply to any alien who enters the United States to attend other universities through the Student and Exchange Visitor Program (SEVP).

It also does not apply to any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their designated representatives.

Impact on Harvard Students Currently in the United States

The executive order does not:

  • Restrict change or extension of status applications filed with U.S. Citizenship and Immigration Services (USCIS)
  • Revoke existing visas, I-94, or STEM OPT work authorization status for students currently in the United States

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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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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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manu-ros-wvlwZ00eIRk-unsplash-scaledIn recent days, the Trump administration has launched an aggressive campaign targeting international students studying at colleges and universities throughout the United States.

These attacks escalated Thursday last week when the administration first announced that it would be halting Harvard University’s ability to enroll international students by revoking their Student and Exchange Visitor Program (SEVP) certification—a certification that is necessary for U.S. schools to enroll and issue Forms I-20 to F and M international students.

The move sent shockwaves throughout the academic community because it meant Harvard could no longer enroll foreign students, and its more than 7,000 existing international students would be required to transfer or lose their legal status in the United States.

According to the Secretary of the Department of Homeland Security Kristi Noem, such drastic steps were taken due to Harvard’s alleged failure to comply with Student Exchange Visa Program (SEVP) regulations, as well as “encouraging and allowing antisemitic and anti-American violence to rage on its campus and coordinating with Chinese Communist Party officials on training that undermined American national security.”

Less than 24 hours later, Harvard filed a lawsuit in federal court requesting and obtaining a temporary restraining order to block the Trump administration from cutting off its ability to enroll foreign students. The judge found that absent the court order, Harvard would “suffer immediate and irreparable injury.”

Today, that same judge granted Harvard a preliminary injunction extending Harvard’s ability to maintain its SEVP certification intact while the lawsuit moves forward in federal court. This action effectively protects Harvard’s students and allows them to remain in the United States.

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