Articles Posted in Biden Administration

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides his latest immigration update on the operational status of U.S. Embassies and Consulates overseas processing immigrant visa applications.

Want to know what you can expect regarding the COVID-19 related visa backlogs? Just keep on watching for more information.


Overview


The Department of State guidelines on the processing of immigrant visas during the COVID-19 health crisis remains a great obstacle for family reunification. The agency has said that while it is prioritizing the scheduling of immediate relative visas, fiancé(e) visas, and returning resident visa interviews, local country conditions continue to pose challenges. Social distancing protocols, restrictions on movement, and gathering  imposed by host country governments has limited the ability of Consulates and Embassies to schedule sufficient visa appointments to meet the ongoing demand. Separately, the Biden administration has continued to enforce the geographic COVID-19 related Presidential Proclamations that prevent foreign nationals physically residing in the Schengen countries, United Kingdom, Ireland, Brazil, South Africa, India, and China from entering unless they have applied for and received a National Interest Exception.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new court ruling blocking the issuance of initial DACA applications and what this ruling could mean for the future of comprehensive immigration reform. What can we expect to see from Congress regarding the legalization of undocumented young Americans moving forward?

Stay tuned to find out more.


Overview


On Friday, July 16, 2021, a federal judge from the United States District Court for the Southern District of Texas, granted a permanent injunction against the DACA program, which essentially halts the processing of new first-time applications under the program. The permanent injunction however does not prevent the filing of DACA renewals by those who are already receiving benefits under the DACA program. It also does not have any negative impact on DACA benefits already issued under the program such as deferred status, employment authorization, and advance parole.

Why is this ruling significant?

The judge’s recent decision is significant because it may lead to the beginning of a long battle toward achieving comprehensive immigration reform.

As you may recall, the DACA (Deferred Action for Childhood Arrivals) program came about by Executive Order during the Obama administration in 2012. Since then, the DACA program has allowed nearly a million young immigrants to remain in the United States, to live, study, and work as productive members of our society. It has been 9 years since the start of this program, and Congress still has not acted to provide a pathway to citizenship for Dreamers.

The uncertainty surrounding the program and its constant upheaval in courts across the country has led many young immigrants to question whether they can continue to call America, home.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses President Biden’s new plan to make the citizenship application process more accessible and available to more people: what’s happened so far and what plans does the Biden administration have for the future?

Keep on watching for all the details. In addition, please stay tuned for information about big changes coming soon to the United States passport application process, including a new gender option for applicants who are gender non-conforming, and information about a new bill introduced last week called, America’s CHILDREN Act that would open a pathway for permanent residence for certain individuals who came to the United States as children but overstayed their length of authorized stay.


Overview


Biden’s Interagency Strategy for Promoting Naturalization

The Biden administration is launching a nationwide campaign initiative to encourage long time lawful permanent residents (green card holders) to become U.S. Citizens. These efforts stem from President Biden’s February 2nd Executive Order “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” A hallmark of this executive order is to “welcome strategies that promote integration, inclusion, and citizenship.” As part of these efforts, the Biden administration is now working closely with the United States Citizenship and Immigration Services (USCIS) to unveil a new strategy that will encourage an estimated 9 million green card holders living in the United States to apply for U.S. Citizenship. These unprecedented efforts will target those permanent residents who have the ability to naturalize.

How will this be done?

The Biden administration will be strategizing with USCIS to determine the best ways to reach this massive pool of permanent residents by holding naturalization ceremonies at national parks to raise awareness, partnering with the US Postal Service to display promotional posters at Postal Service facilities about becoming a US citizen, and engaging with the Department of Veterans Affairs and veteran service organizations to find ways to educate service members and veterans on citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the National Visa Center (NVC) immigrant visa backlog and current NVC processing times in the month of June. Stay tuned for updates on the Department of State’s plan to reopen Embassies and Consulates worldwide, and information on how Consular posts will be prioritizing visa issuance in the next few months for F-1 students, H-1B workers, H-4 spouses, and J-1 Workers.

Want to know more? Keep on watching for all the details.


Overview


The National Visa Center’s Backlog

As many of you know, last year the Department of State made the difficult decision to temporarily suspend routine visa services at U.S. Embassies and Consular posts worldwide to prevent the rapid spread of the Coronavirus. The suspension was necessary to adhere to local regulations such as the mandatory quarantines and social distancing required to contain the virus. Although Embassies and Consulates are now following a phased resumption of visa services framework, limited resources and local country conditions in some regions have prevented Consular posts from providing routine visa services as before. Most Consular sections are not operating at normal capacity, and are prioritizing visa appointments for emergencies, mission critical visa services, and immediate relatives of U.S. Citizens including K fiancé(e)s.

On February 2, 2021, President Biden issued Executive Order, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans,” which was designed to promote integration and inclusion for foreign born immigrants, including the dismantling of harmful anti-immigrant policies.

Despite the issuance of this Executive Order, Embassies and Consulates have not been able to return to normalcy and routine visa services have remained suspended. Consular officials are still refusing to issue visas for individuals that remain in the lower tier of immigrant visa prioritization, including family preference, employment preference, and diversity immigrant visa applicants. This has prompted hundreds of individuals to join numerous class action lawsuits to force the government to intervene.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick informs you of an exciting new court decision handed down by a federal judge from the Northern District of California. This new court decision immediately vacates the 2019 Modernization Rules passed under the Trump administration. As our readers will be aware, the 2019 Rules sought to raise the minimum investment amount for EB-5 investors from $500,000 to $900,000, narrowing the pool of applicants able to apply for a green card. The good news is that this new ruling reinstates the original rules governing the EB-5 visa program and reverts the minimum investment amount back to $500,000.

In addition to this exciting news, Jacob discusses further updates regarding immigration reform bills before Congress, pending litigation against the State Department, and more!

Want to know more? Keep on watching for all the details.


Overview


New Court Ruling Reinstates $500,000 Minimum Investment Amount for the EB-5 Immigrant Investor Program

We are happy to announce that thanks to a new landmark court decision, known as matter of Behring Regional Center LLC V. Chad Wolf et al. EB-5 Immigrant Investors will now have the opportunity to invest a minimum amount of $500,000 in an EB-5 project within a geographic area, considered a Targeted Employment Area. On June 22nd Federal Judge Corley announced in a court ruling that the 2019 Modernization Rule passed under the Trump administration would be vacated immediately, considering that the former acting DHS Secretary, Kevin McAleenan was not properly appointed to his position under the Federal Vacancies Reform Act when he implemented the 2019 Modernization Rule. As a result, Mc Aleenan did not have the authority to issue the rule, and it has now been declared invalid under the eyes of the law.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick brings you a brand-new update available on our YouTube channel, discussing a new policy that will allow U visa victims of criminal activity to apply for employment authorization with the United States Citizenship and Immigration Services (USCIS), and receive deferred action protecting them from removal from the United States while their applications are pending with USCIS.

Keep on watching for all the details.


Overview


What is the U visa?

The U visa is a special nonimmigrant visa classification specifically created by U.S. Congress for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The purpose of the U visa is to protect certain victims of crimes while at the same time ensuring that perpetrators of certain crimes are brought to justice.

In general, to qualify for a U visa, you must:

  • Have been the victim of a qualifying criminal activity (such as extortion, felonious assault, rape, sexual assault, domestic violence, sexual exploitation, stalking, torture, and other types of crimes.)
  • Have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
  • Have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf
  • Have been helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
  • The crime must have occurred in the United States or violated U.S. laws.
  • Be admissible to the United States. Those who are not admissible, may be eligible to apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Nonimmigrant.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick hosts a live immigration broadcast on our YouTube channel, discussing brand new developments in the world of immigration, including new updates recently discussed at the American Immigration Lawyers Association (AILA) conference that took place last week, and brand new policy changes at the United States Citizenship and Immigration Services (USCIS).

Keep on watching to find out more.


Overview


Updates from the AILA Conference

Today, the United States Citizenship and Immigration Services (USCIS) announced that effective today, applicants with pending U visa applications, or those who are getting ready to file new U visa applications, are eligible to apply for employment authorization by filing Form I-765 Application for Employment Authorization and can receive “deferred action” status meaning that they will not be prioritized for removal from the United States.

For those who are not familiar with the U visa program, the U visa is a special immigrant status given to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Among those eligible are certain victims of abduction, domestic violence, sexual assault, trafficking of noncitizens, rape, prostitution, and other crimes, who are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The U visa eventually allows the victim to attain lawful permanent residence in the United States (also known as the green card).

Previously U visa beneficiaries were not entitled to employment authorization, making their lives extremely difficult considering that it is currently taking over 5 years to process the U visa application.

With this new policy change, those who have filed a U visa application that has been pending with USCIS, will be eligible to apply for employment authorization as of today, as well as new applicants.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a brand-new update regarding the current backlogs faced by the National Visa Center for cases that are documentarily qualified. As a separate update, Jacob discusses the status of nonimmigrant visa services, specifically for E-2 Treaty Trader Investor Visa applicants at U.S. Embassies and Consulates overseas. What is happening with these visa types and when can you expect to proceed with your case? What options do you have to speed up your case?

To find out more just keep on watching.


Overview


Visa Backlogs

As you know the COVID-19 pandemic has had disastrous effects on the U.S. immigration system, and especially on visa processing at U.S. Embassies and Consulates abroad. Safety and health concerns have prompted Consular sections worldwide to dramatically scale back visa operations, causing significant visa backlogs for both immigrant and non-immigrant visa applicants. The magnitude of these backlogs has become so severe that the State Department has said that it does not believe these backlogs will be cleared even by the end of 2022.

As you may recall in March of 2020, U.S. Embassies and Consulates made the difficult decision to suspend routine visa services worldwide and began limiting their capacity to schedule visa interview appointments for the vast majority of applicants.

This has caused applicants to become increasingly concerned about when they will be able to reunite with family members in the United States and return to a life of normalcy.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the most recent updates in the world of immigration including important information about the continuation of the International Entrepreneur Parole Program, the Department of Homeland Security’s recent decision to withdraw a biometrics rule that would have required biometrics to be taken for every applicant, the current status of interview waivers being granted during the COVID-19 pandemic, and finally new policy guidance issued by USCIS that provides deference to previous decisions for those filing extension requests with the agency.

Want to know more? Keep on watching.


Overview


The Continuation of the International Entrepreneur Parole Program

Today, May 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will be withdrawing a notice of proposed rulemaking first initiated under the Trump administration, which sought to terminate the International Entrepreneur Parole Program, a program first proposed by President Obama to facilitate the immigration of foreign entrepreneurs to the United States.

The proposed rule, “Removal of International Entrepreneur Parole Program,” was first issued by the Trump administration on May 29, 2018, shortly after President Trump signed Executive Order 13767 “Border Security and Immigration Enforcement Improvements,” into law. The proposed rule was masterminded by the Trump administration to ultimately delay the planned implementation of the program on July 17, 2017, with the goal of eventually dismantling it altogether.

To hinder the implementation of the program, with the passage of Executive Order 13767, former President Trump narrowed the pool of applicants who could become eligible for “parole,” and directed federal agencies to “ensure that parole authority under section 212(d)(5) of the INA is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances when an individual demonstrates urgent humanitarian reasons, or a significant public benefit derived from such parole.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new Presidential Proclamation passed by President Joe Biden, that temporarily restricts and suspends the entry of nonimmigrants into the United States, who were physically present within the Republic of India during the 14-day period preceding their entry or attempted entry into the United States.

Want to know more? Keep on watching.


Overview


In response to the magnitude and high number of confirmed cases of COVID-19 in the Republic of India, the White House has made the decision to initiate a Regional COVID-19 related Presidential Proclamation, temporarily restricting and suspending the entry of nonimmigrants from the Republic of India into the United States. Those impacted will include any nonimmigrant who has been physically present within the Republic of India during the 14-day period preceding his or her entry or attempted entry into the United States.

As has been the case with previous COVID-19 Regional Presidential Proclamations, the following categories of nonimmigrants will NOT be impacted by this Proclamation:

Section 1 of this Presidential Proclamation does not apply to:

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