Articles Posted in Presidential Proclamation

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.

Continue reading

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.

Continue reading

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:

Continue reading

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.

Continue reading

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.

Continue reading

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  

Continue reading

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  

Continue reading

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.

Continue reading

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.

Continue reading

 

Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about President Biden’s newly signed executive orders on immigration and his administration’s new legislative bill.

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


Overview


On January 20, 2021, in his first day in office, President Biden signed a series of executive orders relating to immigration. In this video, attorney Jacob Sapochnick discusses what these executive orders will mean for you and what we may expect to see from the Biden administration in the months ahead with respect to comprehensive immigration reform.


Fact Sheet on Immigration


The Biden administration unveiled a brand new immigration reform bill entitled, the U.S. Citizenship Act of 2021, which proposes to overhaul the United States immigration system.

The bill includes a number of new reforms designed to streamline the immigration system and create a pathway to citizenship for undocumented immigrants. To become law, the bill must still pass both houses of Congress including the U.S. House of Representatives and the Senate.

These reforms are as follows:

  • Offers an 8-year path to citizenship for millions of people who were living in the United States unlawfully on Jan. 1, 2021. They would be eligible to apply for a green card after 5 years in a temporary status if they pass background checks and pay their taxes and could then apply for citizenship 3 years later.
  • Allows people with Deferred Action for Childhood Arrivals (DACA) protection, a group known as “Dreamers”, who were brought to the United States illegally as children, farmworkers and people with Temporary Protected Status to immediately apply for a green card if they meet specific requirements. They would have a 3-year path to citizenship.
  • Permits certain immigrants who were deported during the Trump administration and had previously lived in the United States for three years to return to reunite with family or for other humanitarian reasons.
  • Raises annual per-country limits on family-based immigration and eliminates them for employment visas.
  • Introduces changes to ease the U.S. citizenship application process.
  • Increases the diversity visa lottery program visa quota from 55,000 to 80,000.
  • Exempts spouses and children of green card holders from employment-based immigration quotas, expanding the number of green cards available to employment-based immigrants.
  • Scraps multi-year bars to re-entry for certain people who lived in the United States illegally and then left.
  • Clears family-based and employment-based visa backlogs.
  • Provides work permits to dependents of H-1B visa holders.
  • Authorizes regional processing centers in Central America to register and process people for refugee resettlement and other legal migration programs.
  • Authorizes funding for legal counsel for vulnerable populations of migrants, such as children.
  • Increases the number of immigration judges working in the court system.
  • Eliminates the 1-year filing deadline for asylum applications.
  • Changes the word “alien” to “noncitizen” in U.S. immigration laws.
  • Immigrants with approved family-sponsored petitions (I-130) can join family members on a temporary basis while they wait for their green cards to become available.
  • New immigration protections for widows and children of second World War veterans.

For more detailed information about the U.S. Citizenship Act of 2021 please click here.

Continue reading