Trump Extends April and June Visa Bans to March 31, 2021

Trump Extends April and June Visa Bans to March 31, 2021
Jan14

Written by Taher Kameli & Chathan Vemuri President Donald Trump issued a proclamation on December 31 of 2020, extending the bans on certain immigrant and non-immigrant visas that were previously banned as per his proclamations on April 22 and June 22 of 2020, respectively.[1] Although these orders were supposed to expire on December 31 of 2020 itself, the President invoked the COVID-19 pandemic’s impact on jobs in late 2020 to justify protecting US workers by continuing both of the bans.[2]While the ban would primarily hurt applicants for the H-1B visa, it would

January 14, 2021
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ACLU Sues DHS, et al., Over Cellphone Tracking of Immigrants

ACLU Sues DHS, et al., Over Cellphone Tracking of Immigrants
Jan12

Written by Taher Kameli & Chathan Vemuri A recent source of controversy in the Trump Administration’s typically hardline approach to illegal immigration concerns the surveillance of social media by Homeland Security Investigations to tracking down immigrant activity, violations, and the First-Amendment-protected expression disapproved of by authorities that lead to detention and deportation.[1] Recently, this has entailed tracking and gathering information from electronic devices such as laptops, tablets, thumb drives, and cell phones.[2]   For instance, searching these devices and using tools to unlock encrypted information on these devices of those coming

January 12, 2021
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U.S. Senate Passes the Fairness for High-Skilled Immigrants Act (S.386)

U.S. Senate Passes the Fairness for High-Skilled Immigrants Act (S.386)
Jan07

Written by Taher Kameli & Chathan Vemuri   EB-5 and other professional green card applicants can finally breathe a sigh of relief while going through the immigration application process. Last week, on December 2, 2020, the U.S. Senate unanimously passed bill S.386, known as the Fairness for High-Skilled Immigrants Act.[1] If approved by the President (whoever that will be), it would be of immense benefit to green card applicants of different categories, for it would remove the “caps on the number of immigrants who can be approved for permanent residency permits (“green cards”)” and help

January 7, 2021
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Trump administration intends to end use of in-person interpreters at certain immigration hearings

Trump Administration Intends to End In-Person Interpreters
Dec29

Written by Taher Kameli & Chathan Vemuri  At one time, the famous words associated with the Statue of Liberty – “Give me your tired, your poor, your huddled masses yearning to breathe free” – truly exemplified the attitude of the US government toward immigration.  However, under the Trump administration, these words would appear to describe the immigration policies of another country, as the Trump administration takes action on a regular basis to restrict the rights of immigrants. This point was evidenced again by the news that the Trump

December 29, 2020
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Obama-era DACA Program Reinstated by New York Federal Court Order in Vidal v. Wolf

DACA Program Reinstated by New York Federal Court Order
Dec29

Written by Taher Kameli & Chathan Vemuri In what counts as a severe blow to the Trump administration’s revamped immigration system in its final month, the U.S. District Court for the Eastern District of New York issued an order to reinstate the Obama administration’s Deferred Action for Childhood Arrivals program DACA to its pre-Trump administration status.[1]   Before President Trump tried to end it in September of 2017, DACA served to permit young immigrants without legal status but had been brought over as children, to live and work legally in the U.S.[2]   This was

December 29, 2020
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District Court for the Northern District of California Strikes Down H-1B Regulations for Violating APA

Strikes Down H-1B Nonimmigrant Visa Program
Dec11

Written by Taher Kameli & Chathan Vemuri As noted before on this blog site, on October 8, 2020, the Department of Homeland Security issued an interim final rule that was meant to revamp the H-1B Nonimmigrant Visa program.[1] Called Strengthening the H-1B Nonimmigrant Visa Classification Program, this interim final rule changed the definition requirements for “specialty occupations,” among other aspects, in order to make applications for the H-1B Nonimmigrant Visa more challenging.[2]   The overall purpose behind the changes was to decrease reliance on the H-1B program and encourage employers to look more

December 11, 2020
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Department of Justice Prepones Deadlines for Filing Stays on Deportation, Potentially Disrupting Attempts of Migrant Children to Stay Legally in the Country

Deadlines Disrupting Migrant Children to Stay Legally
Dec09

Written by Taher Kameli & Chathan Vemuri In what came as a shock to immigration attorneys and clients applying to stay in the US and halt deportation proceedings, the Department of Justice imposed new deadlines for migrant children that critics say have left attorneys and clients in a mess.[1] Last week on November 24, 2020, the Justice Department’s Executive Office for Immigration Review (EOIR), which oversees US immigration courts, set up new deadlines by which migrants in certain cases must file an application with the immigration court to stay in the United States

December 9, 2020
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Trump Administration’s Public Charge Rule denying green cards to immigrants that need food stamps or other public benefits.

Trump Administration's Makes changes to Public Charge Rule
Dec03

Written by Taher Kameli & Chathan Vemuri Over the past year, immigration activists have steadfastly opposed the Trump Administration’s changes to the Public Charge Rule, which denied green card applicants who would likely use various types of public assistance, such as Medicaid, food stamps, and housing vouchers.[1] Legal challenges have been especially persistent, with the first wave of lawsuits leading to a hold placed on the policy by the Second Circuit Court of Appeals, which was in turn reversed by the Supreme Court by a 5-4 vote in January 2020.[2]     Concern was

December 3, 2020
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DHS Proposes End Work Authorization for Aliens with Final Removal

DHS Proposes to Cancel Work Authorization For Aliens
Dec01

Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the Department of Homeland Security (DHS) proposed a rule to cancel work authorization for non-resident aliens, subject to final removal awaiting deportation.[2] This cancellation of work authorization would specifically apply to those aliens subject to final removal awaiting deportation that has been released from DHS custody but still lack the requisite travel documents needed to deport them from the U.S.[3]    As part of its efforts to further entrench his immigration policy during the home stretch of his Presidency, the Trump Administration

December 1, 2020
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USCIS Adds a List of Factors That May Be Relevant in Considering Adjusting an Applicant’s Status

Status Application Adjustments Guidelines Updated by USCIS
Nov26

Written by Taher Kameli & Chathan Vemuri On November 17, 2020, the United States Citizenship and Immigration Services (USCIS) updated their guidelines in their Policy Manual regarding what type of discretion the Department of Homeland Security (DHS) should use in adjudicating status application adjustments.[1] Typically, in order to get approval for adjustment of his/her/their immigration status, the applicant must show their eligibility and prove that an exercise of discretion in favor of his/her/their application is warranted.[2]   Whether discretion is positive or negative depends on how the USCIS balances and weighs the

November 26, 2020
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