Articles Posted in Biden

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a breaking news update: The Department of State recently announced that the entry of immigrant and fiancé(e) visa applicants is in the National Interest, despite the COVID-19 Regional Presidential Proclamations, which have prevented those physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran from obtaining visas. In addition, the Secretary has carved out exceptions for other special types of nonimmigrants who have been physically presented in the affected countries.

What exactly does this mean for you? Keep on watching for all the details.


Overview


Immigrant and fiancé(e) visa applicants who were previously subject to Presidential Proclamations 9984, 9992, 9993, and 10041, may now breathe a sigh of relief. That is because on April 8, 2021, the Department of State, announced via its website that such Regional Presidential Proclamations will no longer restrict immigrant visa and fiancé(e) visa applicants from obtaining a visa to enter the United States.

The Secretary of State has now determined that the travel of immigrant and fiancé(e) visa applicants is in the National Interest and will approve exceptions for anyone wishing to travel to the United States, from countries which were previously banned from entering the United States due to the COVID-19 Regional Presidential Proclamations.

Prior to this announcement, all immigrant and nonimmigrant visa applicants, physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period preceding their entry or attempted entry into the United States, were restricted from entering the United States to contain the prevent the spread of COVID-19.

Such restrictions are no more.

DOS has stated that, Immigrant Visa processing posts may now grant immigrant and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update from the Department of State regarding immigrant visa processing following the cancellation of Presidential Proclamations 9645 and 9983, also known as “the Muslim travel ban.”

In this video we will talk about the new procedures for applicants who were previously affected by these Proclamations and what the immigrant visa application process will look like going forward now that these Proclamations have been rescinded.

Keep on watching to find out more.


Overview


On his first day in office, President Biden signed the Presidential Proclamation entitled, “Ending Discriminatory Bans on Entry to the United States,” which rescinded the travel restrictions of Presidential Proclamations 9645 and 9983 also known as “the Muslim travel ban.” As you may recall, these Proclamations blocked the entry of certain foreign nationals from predominantly Muslim countries into the United States, including Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

Biden’s new proclamation now makes it possible for these individuals to immediately proceed with visa processing as before the ban went into effect.

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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 breaking news update: the government has officially ended the public charge rule.

How did this happen? What does this mean for you?

Keep on watching to find out more.


Overview


On March 9, 2021 the government announced that effective immediately it would be rescinding the Trump administration’s public charge rule, which was first put in place by former President Donald Trump in 2019. That rule is no longer in effect due to the Biden administration’s decision to no longer oppose the rule.

The government revealed its decision by way of a final rule published in the Federal Register that removes the 2019 public charge regulations as of March 9, 2021.

The Department of Homeland Security will now return to its previous policy of following the 1999 Interim Field Guidance to determine whether a person would be likely to become a public charge on the U.S. government. As before, petitioners are still required to submit Form I-864 Affidavit of Support and demonstrate that they meet the income requirement to sponsor their relative in the United States.

For its part, the United States Citizenship and Immigration Services (USCIS) has also said that it has stopped the immediate enforcement of the rule as a result of the government’s actions.


What does this decision mean for you?


The decision to rescind the public charge rule means that the government is no longer applying the public charge rule to adjustment of status applicants, immigrant visa petitions at U.S. Embassies and Consulates abroad, and applications for extension or change of nonimmigrant status.

Accordingly, such applicants will no longer need to provide information, nor evidence relating to the public charge rule including Form I-944, Declaration of Self Sufficiency.

Additionally, the government will no longer consider a person a public charge who received any of the following benefits for more than 12 months in the aggregate within any 36-month period:

  • Supplemental Social Security Income (SSI)
  • Temporary Assistance to Needy Families (TANF)
  • Medicaid
  • Non-Emergency Medicaid
  • Supplemental Nutrition and Assistance Program (SNAP)
  • Section 8 Housing Choice Voucher Program
  • Section 8 Project-Based Rental Assistance and
  • Certain other forms of subsidized housing.

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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 breaking news update: President Biden has issued an executive order immediately revoking Presidential Proclamation 10014 issued by the Trump administration.

What does this revocation mean for you and what will happen next?

Keep on watching to learn more.


Overview


We are very excited to report that President Biden has lifted the immigration visa ban known as Presidential Proclamation 10014, “Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak.”

Proclamation 10014, issued on April 23, 2020, immediately stopped the issuance of visas at U.S. Consulates and Embassies worldwide for the following individuals:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • Diversity visa winners
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

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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 latest immigration legislation, otherwise known as the U.S. Citizenship Act of 2021.

So, what is this new bill all about and how can it benefit your family?

Keep on watching to learn more.


Overview


We have very exciting news for you today. We are pleased to report that Biden and congressional Democrats have introduced a brand-new piece of legislation known as the U.S. Citizenship Act of 2021. While his new bill has not yet become law, it is creating a lot of buzz because it proposes an earned path to citizenship for millions of undocumented immigrants who were in the United States on or before January 1, 2021.

The new bill would create a “fast track” green card application process for certain types of immigrants including DACA recipients, those who qualify for Temporary Protected Status (TPS), and farm workers who can demonstrate their work history.

The introduction of this bill is significant, because it appears that Congress is finally gearing up to compromise and pass a comprehensive immigration reform package for the first time in decades.


What are the main highlights of the bill?


The bill makes the following proposals:

  • Establishes an 8-year path to citizenship for undocumented immigrants who arrived in the United States by January 1, 2021
  • Provides an expedited path to citizenship for farm workers, those eligible for Temporary Protected Status, and undocumented young people who arrived to the U.S. as children with temporary status under DACA
  • Establishes Lawful Prospective Immigrant Status for 6 years
  • Replaces the word “alien” with “non-citizen” under immigration law
  • Raises the per-country visa caps on family and employment-based legal immigration numbers
  • Repeals the penalty that prohibits undocumented immigrants who leave the country from returning to the U.S. for between 3- and 10-years (repeals the 3 and 10-year bars) to allow for families to stay together without the need to file a waiver of inadmissibility
  • Expands transitional antidrug task forces in Central America
  • Increases funding for technology at the southern border

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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 latest immigration update regarding President Biden’s plans to reverse Presidential Proclamations 10014 and 10052 passed under former President Donald Trump.

Want to know more? Keep on watching for more information.


Overview


First, let’s recap Presidential Proclamations 10014 and 10052. What are these Proclamations all about?


Presidential Proclamation 10014


Back in April of 2020, former President Trump issued Presidential Proclamation 10014 which imposed a 60-day ban on the issuance of visas at U.S. Consulates and Embassies abroad and limited the entry of certain aliens.

Among those impacted were the following classes of immigrants applying for a visa at a United States Consulate or Embassy abroad from April 23, 2020 to the present:

  • Spouses and children of green card holders (US citizens were not affected) applying at the consulate
  • Parents of US citizens applying at the consulate
  • Brothers and sisters of US citizens applying at the consulate
  • Sons and daughters (meaning over 21 years old) of US citizens applying at the consulate (children under 21 years old of US citizens were not affected)
  • Sons and daughters (meaning over 21 years old) of green card holders applying at the consulate
  • Diversity visa lottery winners
  • EB1A extraordinary abilities and their family applying at the consulate
  • PERM EB3, PERM EB2, NIW employment based and their family applying at the consulate
  • EB4 religious workers immigrants applying at the consulate
  • H1B and H4 dependents applying at the consulate
  • L1 and L2 applying at the consulate
  • J1 applying at the consulate  

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides an important update regarding K-1 litigation and the status of K-1 status around the world.

Want to know more? Keep on watching for more information.


Overview


What is happening with K-1 visas?

As you know, the Department of State suspended routine visa services worldwide in March 2020 due to the COVID-19 pandemic. It was not until July of 2020 that the Department of State announced that U.S. Embassies and Consulates would begin a phased resumption of routine visa services. Unfortunately, this phased resumption has occurred only on a post-by-post basis, as country conditions have allowed.

For the most part, the majority of visa services have remained suspended at U.S. Embassies and Consulates worldwide except in cases of emergency, mission-critical visa services, and where applicants have been able to qualify for a national interest exception or expedited interview request.

When pressed for answers, the response from Consulates has been the same. The majority have refused to provide a specific date as to when each mission will resume visa services or when each mission will return to processing visas at pre-pandemic workload levels.

To make matters worse, there are a number of COVID-19 related Presidential Proclamations that remain in force which prevent the entry of foreign nationals who have been physically present in the Schengen Area, the United Kingdom, Ireland, Brazil, China, and Iran, within the 14 days preceding their entry or attempted entry into the United States. These individuals remain barred from traveling unless they qualify a national interest exception. Those who do not qualify will not be able to obtain a visa until the Proclamations have been lifted by the President.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some breaking news in the world of immigration. On January 26, 2021, a federal judge in Texas temporarily blocked the Biden administration’s 100-day pause on deportations.

Want to know more? Keep on watching for more information.


Overview


The Biden administration is facing its first legal challenge. We recently learned that a federal judge from the U.S. District Court for the Southern District of Texas has granted a 14-day nationwide temporary restraining order that immediately blocks the Biden administration’s efforts to put a 100-day pause on deportations.


How did this happen?


The federal judge’s decision came after the Attorney General of Texas filed a lawsuit requesting a temporary restraining order to stop the Biden administration from pausing deportations.

Judge Drew B. Tipton, appointed by former President Donald Trump, ultimately agreed with the State of Texas that Biden’s suspension of deportations violates the Administration Procedure Act (APA), as well as key provisions of the INA which mandate that aliens with final orders of removal be deported within 90 days.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses what’s ahead for U.S. immigration law in 2021.

Want to know more? Keep on watching for more information.


Overview


As we enter the Biden administration, many of our readers want to know what’s possible in the world of immigration law. What might President Biden do within his first 100 days in office and how might his decisions impact immigration?

We anticipate that U.S. immigration policies will experience an overhaul under the Biden administration beginning on January 20th when he takes office. His administration will likely focus on undoing many of the harmful and restrictive policies passed during the last four years by President Donald Trump. We believe that litigation will slowly die down as the need to challenge President Trump’s policies disappears.

Biden’s policies in general will favor the expansion of temporary work visas for highly skilled professionals which we believe will benefit U.S. companies seeking to hire more foreign talent.

Biden’s transition to the presidency will also have the likely effect of encouraging many families to begin working on their immigration processes to legalize their status in the United States.

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