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Archive for the ‘Department of Homeland Security’ Category

BREAKING NEWS ——Those who were blocked from entering US in 1st Travel Ban, can now reapply for visas to enter the USA

Thursday, August 31st, 2017

USA_shutterstock_modified_worldandflags(2)The legal challenge that helped to free scores of travelers who were detained at airports around the country in the confusing early days of President Trump’s travel ban, prompting thousands of demonstrators to demand their release, was quietly settled on Thursday in a Brooklyn courtroom. Those who were   blocked from entering the United States can now reapply for visas to enter the US, according to a settlement reached in the case that temporarily blocked the travel ban back in January.

About 2,000 people were detained during the almost 24-hour time period from when the first travel ban went into effect to when the temporary stay blocked the travel ban from being implemented. Roughly 140 people were denied entry and sent back to their country of origin in that time period based on documents the ACLU obtained from a Freedom of Information Act request.

Under the settlement, the government is required to send letters to notify those who were denied entry under the first travel ban that they are now eligible to reapply for a visa — using the most current information from their visa applications.  Approval is not guaranteed, but the government agreed to process their applications in good faith.

The agreement did not provide any damages or monetary compensation for those affected by the ban, nor any award of legal fees to the groups who fought it in court. People who never reached an American airport because they were kept from boarding flights are not covered by the settlement.

For more on this refer here:  CNN:  http://www.cnn.com/2017/08/31/politics/trump-travel-ban-settlement/index.html and the NY Times: https://www.nytimes.com/2017/08/31/us/trump-travel-ban-lawsuit-settlement.html?mcubz=0

 

USCIS to Expand In-Person Interview Requirements for all Employment-based Applicants, Asylees & Refugees

Wednesday, August 30th, 2017

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As of Oct. 1, 2017, applicants that have filed to adjust their status in the USA to permanent residency will undergo an in-person interview.   This is pursuant to Trump’s E.O. 13780, “Protecting the Nation From Foreign Terrorists Entering the US” and part of the Trump plan to apply “extreme vetting” to immigrants and visitors coming to the USA.

USCIS states that the categories of visas that require interviews will expand in the future, calling it “an incremental expansion.” Although the in-person interview is not a new procedure, the USCIS has been waiving the interview requirement for many employment-based adjustment of status applicants because the interviews tended to cause a backlog in processing and waste valuable resources (personnel, time and funding).

USCIS is already taking a very long time to process several types of petitions and applications.The mandatory interview requirement will almost certainly lengthen the already long wait times for green cards. The result will likely be over a hundred thousand more USCIS in-person interviews per year.   Here is a link to the Press Release

We encourage all applicants to discuss the timing of their cases with their immigration provider before deciding to adjust to permanent residency (green-card) status inside the USA.

Expressing our point of view, for more on this.

New Administration Indicates Trump is Placing DACA on Backburner for Now

Thursday, January 26th, 2017

Jobs_iStock_000016785771XSmall (2)By:  Allison McDonnell, Content Coordinator

Despite repeated campaign promises to take immediate action upon taking office, the new administration has now indicated that Present Donald Trump will not be immediately dismantling the Deferred Action for Childhood Arrivals (DACA) program instituted by Barack Obama in 2012.

The administration has been tight-lipped about their intentions with DACA since Trump took office a short time ago.  When asked about when Trump will take action on DACA at a recent press briefing, White House Press Secretary Sean Spicer sidestepped the question and placed little emphasis on DACA as an action item.  Spicer went on to state that the President and administration’s main focus and priority is on immigrants with criminal records and will “prioritize the areas of dealing with the immigration system — both building the wall and making sure that we address people who are in this country illegally.”

Similarly, White House Chief of Staff Reince Priebus failed to clearly expound on the President’s intentions for DACA recipients, known as DREAMers.  Although during the presidential campaign Trump vehemently claimed that he would immediately overturn Obama’s executive action on DACA, Priebus indicated that DACA might not be addressed with a quick fix.  While Priebus failed to make any exacting commitments on the topic, he strongly indicated that Trump will not be signing any executive actions on DACA in the week following his inauguration.

Instead, Trump seems to have pledged to work with Congress to assist DREAMers.  Chief of Staff Priebus has suggested that the administration will work with the House and Senate leaders to build a long-term solution.  This seems to match a statement Trump made late last year during a Time Magazine interview that, while he does intend to overturn Obama’s executive action, he will also be looking for a compromise that will not disadvantage young immigrants.

On a similar positive note, a resolution for immigration reform was approved last week by The United States Conference of Mayors.  This resolution calls for the continuation of programs protecting DREAMers and the need to adopt an approach that welcome immigrants, stating “…we stand united as mayors through the United States Conference of Mayors in calling on Congress to fix our broken immigration system and immediately begin working toward the enactment of comprehensive immigration reform legislation.”

The U.S. Department of Homeland Security (DHS) has articulated enforcement priorities that mirror what Spicer and Priebus have stated – that national security threats and criminals will be priority number one for the time being. And, U.S. Citizenship and Immigration Services (USCIS) continues to process DACA applications without change.  For now, over 741,500 DREAMers who benefit from the DACA program will have to continue to wait to see what their future may hold.