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.
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.
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.
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 President’s recent decision to extend Presidential Proclamations 10014 and 10052.
Want to know more? Keep on watching for more information.
Overview
First and foremost, we would like to wish our readers a very Happy Near Year. We hope that the new year brings many positive developments in the world of immigration law, especially with the changing administration on January 20th.
In this post we update you regarding a recent decision made by President Trump to extend his previously issued Proclamations known as Proclamation 10014 and 10052 until March 31, 2021.
What are these proclamations?
On April 22nd, President Trump issued P.P. 10014 entitled, “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.”
This proclamation created a 60-day ban on the issuance of new visas at U.S. Consulates and Embassies abroad and limited entry to the United States for a wide variety of people. The Proclamation was set to expire on June 22, 2020 but was further extended by the issuance of Proclamation 10052 until December 31, 2020.
Specifically, Proclamation 10014 applied to:
Aliens who were outside of the United States on the effective date of the Proclamation (April 23)
Aliens who did not have an immigrant visa that was valid on the effective date of the Proclamation (April 23rd) and
Aliens who did not have an official travel document other than a visa on the effective date of the proclamation (April 23rd) or issued on any date thereafter that permitted him or her to travel to the United States and seek entry or admission
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers your frequently asked questions relating to K-1 visas, the National Visa Center, and consular visa processing during the ongoing Coronavirus pandemic.
Want to know more? Keep on watching for more information.
Your Frequently Asked Questions
Q: How can I contact the National Visa Center?
A: Once your Form I-130 Petition for Alien Relative has been approved, your case will be transferred to the National Visa Center for further processing. Once pre-processing has been completed, your case will be forwarded to the U.S. Consulate or Embassy near you. At the NVC stage, you will be asked to provide additional supporting documentation including the affidavit of support, Form DS-260 Immigrant Visa Electronic Application, and other important documents.
To ensure all of your supporting documentation has been received it is very important to maintain contact with the National Visa Center.
Q: Will immigration consider my priority date or approval date for interview?
A: For family-sponsored immigrants, the priority date is the date that the Form I-130, Petition for Alien Relative, or in certain instances the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is properly filed with USCIS.
Depending on the type of relationship you have to the U.S. petitioner, you may need to reference your priority date to determine when an immigrant visa (or green card) will become available to you.
Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available. Immediate relatives include:
The spouses of U.S. citizens;
The children (unmarried and under 21 years of age) of U.S. citizens;
The parents of U.S. citizens at least 21 years old; and
Widows or widowers of U.S. citizens if the U.S. citizen filed a petition before they died, or if the widow(er) files a petition within two years of the citizen’s death.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: how can I apply for an E-2 investor visa despite the ongoing Coronavirus pandemic and suspension of routine visa services at Consulates and Embassies worldwide.
Want to know more? Keep on watching for more information.
Overview
More and more our office is receiving inquiries from prospective E-2 visa applicants who are stuck in the application process due to the ongoing Coronavirus pandemic.
First, what are the requirements for an E-2 visa?
The E-2 visa is a treaty trader investor visa that allows foreign investors from select countries to invest in an existing or new business enterprise in the United States.
Requirements:
The investor, either a person, partnership or corporate entity, must be a citizen of a treaty trade/investment country
You must have invested or be in the process of investing in the business and show the path of funds for the investment from your home country to the US account
The investment must come from the investor and the money must be “at risk,” meaning that the investor must take action to invest the money into equipment, renting the business premises, and other such investment activities
You must actually start the business and hire workers before applying for the E-2 visa
You must be in a position to direct the business with your experience and/or skills and be involved in the management or operation of the business. You cannot be a passive investor
There is no set investment amount required however the investment must be sufficient to start the particular business (this amount will vary depending on the type of business enterprise)
The business cannot be marginal –the business should not be established solely for the purpose of earning a living for the applicant and his or her family.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the new November 2020 visa bulletin, including upcoming visa trends and predictions for family-sponsored and employment-based preference categories.
Want to know more? Keep on watching for more information
Overview
We are very excited about the new release of the November Visa Bulletin. Some exciting advancements have taken place for certain employment-based preference categories. However, visa issuance remains limited for most family-sponsored categories and at least some employment-based preference categories as discussed below.
Impact of April 22nd Presidential Proclamation
As a reminder to our readers, most family-sponsored and some employment-based preference categories remain subject to President Trump’s April 22ndpresidential proclamation. This proclamation temporarily suspends the entry and issuance of visas for the following types of immigrants through December 31, 2020.
Spouses and children of green card holders (US citizens are 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 (over 21 years of age) of US citizens applying at the consulate (children under 21 years of age of US citizens are not affected)
Sons and daughters (over 21 years of age) of green card holders applying at the consulate
EB1A extraordinary abilities and their family applying at the consulate
PERM EB2 employment based (NIW is not affected) and their family applying at the consulate
PERM EB3 employment based and their family applying at the consulate
EB4 religious workers immigrants applying at the consulate
EB5 investors are not impacted by the April 22nd proclamation.
Certain applicants may still obtain immigrant visas despite enforcement of the presidential proclamation if their entry is in the national interest or if they have a legitimate emergency.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the newly released and much anticipated October 2020 visa bulletin. To hear about the availability of immigrant visa numbers for family based and employment-based preference categories for the month of October, keep on watching.
Overview
The release of the October 2020 visa bulletin has been much anticipated because the October visa bulletin kicks off the start of a brand-new fiscal year. The October visa bulletin is also important because it provides some insight into the availability of immigrant visa numbers, including visa numbers that have been unused as a result of the Coronavirus pandemic, the suspension of routine visa services at Embassies and Consulates worldwide, and the various presidential proclamations that have halted visa issuance for certain types of immigrants.
As some of you may have noticed, the October visa bulletin was released later than usual, most likely because the Department of State has been scrambling in light of Consular closures to review the data and provide accurate information regarding the number of visas available for each preference category.
Since the suspension of routine visa services at Consular posts worldwide, nearly 100,000 immigrant visa applicants have been unable to obtain their visas, creating a “rollover” of unused visa numbers for the benefit of employment-based preference categories.
Employment Based Categories – October 2020
In order to file for adjustment of status based on employment during the month of October (for applicants lawfully residing in the United States), employment-sponsored applicants must have a priority date that is earlier than the dated listed below for their preference category and country of nationality.
All applicants filing under employment-based preference categories must use the Dates for Filing chart in the Department of State Visa Bulletin for October 2020.
Since Presidential Proclamations 10014 and 10052 have suspended the issuance of immigrant visas for most family-sponsored preference categories, we are seeing a rapid movement in the dates of most employment-based preference categories, because “unused” visas for the family-sponsored categories have shifted or “rolled over” to the employment-based categories as a result of these Proclamations.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick updates you regarding the operational status of U.S. Embassies and Consulates worldwide. As our readers are aware on March 20, 2020, the Department of State announcement the suspension of routine visa services at all U.S. Embassies and Consular posts worldwide in order to deal with the challenges posed by the Coronavirus pandemic. While U.S. Embassies and Consular posts suspended routine visa services, posts continued to remain open to provide emergency and mission critical visa services. These included the processing of applications for “national interest” waivers.
Since then, U.S. Embassies and Consulates have begun a phased resumption of visa services as local country conditions and resources have allowed.
Want to know more? Stay tuned for more information about this important topic.
Overview
In this video, we discuss the status of immigrant visa processing at U.S. Embassies and Consular posts worldwide. The information provided is based on what our office is currently experiencing, official government sources, and information we have received from other attorneys and members of our private Facebook group.
We are now ending fiscal year 2020 and are approaching the start of a new fiscal year that begins on October 2020. The Department of State predicts an overflow of immigrant visas. More than 100,000 additional employment-based visas will become available in the new fiscal year, while nearly 300,000 additional family-based visas will become available in the new fiscal year.
What is responsible for this overflow in visas?
This overflow in visas is the result of a combination of various factors. Due to the Coronavirus pandemic, and the numerous Presidential Proclamations that followed, many immigrant visas were not allowed to be issued. This has left many visas up for grabs in the new fiscal year.
What has the Department of State said about resumption of visa services?
The Department of State previously announced that routine visa services at U.S. Embassies and Consular posts would resume after July 15th however things have not gone as planned. The majority of U.S. Embassies and Consular posts did not resume routine visa services to the public on or after this date.
As months passed, some U.S. Embassies and Consular posts reopened interview scheduling on a limited basis. These actions signal that there is some movement in the scheduling of visa interview appointments, however the situation remains fluid. At any time, even the U.S. Embassies and Consular posts that have reopened their calendars for interview scheduling, can cancel these scheduled interviews based on their continued observance of local health conditions.
Which U.S. Embassies and Consular posts have resumed immigrant visa interviews?
Based on what we are seeing, the following Embassies/Consular posts have resumed immigrant visa interviews:
DISCLAIMER: Please keep in mind the situation continues to remain fluid and Embassy/Consular posts may choose to cancel scheduled interviews at any time based on country conditions.
U.S. Embassy in Kenya – open for immigrant visa interviews as of September 2020
U.S. Consulate in Mumbai, India – open for biometrics, was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
U.S. Consulate Frankfurt, Germany – was open for immigrant visa interviews, but it appears the Consulate has stopped scheduling interviews until further notice. Please continue monitoring the calendar
U.S. Embassy Tokyo, Japan- open for immigrant visa interviews as of mid-August 2020
U.S. Embassy Seoul, Korea – open for immigrant visa interviews
U.S. Consulate Guangzhou, China – only post in China open for immigrant visa interviews
U.S. Consulate Ho Chi Minh, Vietnam – open for immigrant visa interviews
U.S. Embassy Pakistan – not open for immigrant visa interviews, but emergency interview requests are still being considered
U.S. Embassy Paris, France – open for immigrant visa interviews
U.S. Embassy Sofia, Bulgaria – open for immigrant visa interviews as of September
U.S. Embassy Brussels, Belgium – open for immigrant and non-immigrant visa interviews as of August
Emergency Appointments
Even if your Embassy or Consular post has not resumed routine visa services and interview scheduling, you may request an emergency expedited appointment if your U.S. Citizen spouse or relative is experiencing extreme hardships in your absence, or where there is a medical or other type of emergency. Applicants are encouraged to contact their local Consular post for instructions on how to apply for an emergency appointment.
Our office has been successful in obtaining emergency appointments based on extreme hardship as well as the “national interest” exception for those subject to a Presidential Proclamation. If you would like to know whether you qualify for an emergency appointment or national interest exception, please call us to schedule a consultation.
Questions? If you would like to schedule a consultation, please text or call 619-569-1768.
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates?We have created a brand new facebook group to address the impact of the new executive order and other changing developments in immigration related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides some exciting news regarding a recent federal court order. The new order grants relief to diversity visa applicants selected in the DV lottery for fiscal year 2020 against Presidential Proclamations 10014 and 10052. As many of you are aware, on April 22nd the President issued Proclamation 10014, which temporarily suspended the entry of all immigrants into the U.S. for a period of two months, including that of diversity visa lottery winners. Two months later, the President issued Proclamation 10052, which extended the suspension until December 31, 2020, with limited exceptions that did not apply to diversity visa winners. In response to these Proclamations, a class action lawsuit was brought in federal court challenging its application. For purposes of this post, we discuss what this lawsuit means for DV-2020 selected applicants.
For more information on this important ruling please keep on watching.
Overview
Proclamations 10014 and 10052 imposed an unfortunate ban on the adjudication and issuance of immigrant visas for certain classes of immigrants, including winners of the DV-2020 lottery.
Following the issuance of Proclamations 10014 and 10052 – which did not exempt DV-2020 lottery winners from the ban – diversity visa lottery winners were left in limbo. The issuance of the Proclamation created a dilemma for winners because following their selection in the DV lottery, winners must apply for and receive a diversity visa by the deadline imposed for that fiscal year. For DV-2020 the deadline to receive a permanent visa was September 30, 2020. The ban on visa issuance for DV-lottery winners meant that applicants would not be able to meet the deadline to apply for a permanent visa, and as a result would forfeit their opportunity to immigrate to the United States.
Seeking relief from the ban, over one thousand plaintiffs joined together to file the lawsuit Gomez, et al. v. Trump, et al. in the United States District Court for the District of Columbia. The judge presiding over the case, Amit Mehta, concluded that DV-2020 lottery winners qualified for relief, but that non-DV applicants failed to demonstrate that they were entitled to relief.
Accordingly, federal judge Mehta issued the following orders:
As a preliminary matter, the court “stayed” (halted) the No-Visa Policy as applied to DV-2020 selectees and derivative beneficiaries, meaning that the government is prohibited from interpreting or applying the Proclamation in any way that forecloses or prohibits embassy personnel, consular officers, or any administrative processing center (such as the Kentucky Consular Center) from processing, reviewing, or adjudicating a 2020 diversity visa or derivative beneficiary application, or issuing or reissuing a 2020 diversity or beneficiary visa based on the entry restrictions contained in the Proclamations. Except as provided in 2 and 3 below, the order does not prevent any embassy personnel, consular officer, or administrative processing center from prioritizing the processing, adjudication, or issuance of visas based on resource constraints, limitations due to the COVID-19 pandemic or country conditions;
The government as defendants are ordered to undertake good-faith efforts, to expeditiously process and adjudicate DV-2020 diversity visa and derivative beneficiary applications, and issue or reissue diversity and derivative beneficiary visas to eligible applicants by September 30, 2020, giving priority to the named diversity visa plaintiffs in the lawsuit and their derivative beneficiaries;
The court enjoins (stops) the government from interpreting and applying the COVID Guidance to DV-2020 selectees and derivative beneficiaries in any way that requires embassy personnel, consular officers, or administrative processing centers (such as the Kentucky Consular Center) to refuse processing, reviewing, adjudicating 2020 diversity visa applications, or issuing or reissuing diversity visas on the ground that the DV-2020 selectee or derivative beneficiary does not qualify under the “emergency” or “mission critical” exceptions to the COVID Guidance;
The court declines the requests of DV-2020 plaintiffs to order the government to reserve unprocessed DV-2020 visas past the September 30 deadline or until a final adjudication on the merits, however the court will revisit the issue closer to the deadline. The court ordered the State Department to report, no later than September 25, 2020, which of the named DV-2020 Plaintiffs in the lawsuit have received diversity visas, the status of processing of the named DV-2020 plaintiffs’ applications who have not yet received visas, and the number of unprocessed DV-2020 visa applications and unused diversity visas remaining for FY 2020;
Class recertification was denied for non-DV plaintiffs since they failed to demonstrate that they were entitled to preliminary injunctive relief; and
Finally, the court denied the request of non-DV plaintiffs to preliminary enjoin (stop) the government from implementing or enforcing Proclamations 10014 and 10052.
What happens next?
The court has required the parties to the lawsuit to meet and confer by September 25, 2020 for a Joint Status Report. At that time, the court will set the schedule to hear arguments from the parties and come to a final resolution of the lawsuit on the merits.
We hope that this information will help DV-2020 lottery winners breathe a sigh of relief. If you were selected in the DV-2020 lottery it is very important to proceed with your immigrant visa process as soon as possible. Applicants should consider applying with the assistance of an attorney to ensure the application process goes smoothly.
Where can I read more about this court order?
To read judge Mehta’s complete decision please click here.
Questions? If you would like to schedule a consultation, please text or call 619-569-1768.
JOIN OUR NEW FACEBOOK GROUP
Need more immigration updates?We have created a brand new facebook group to address the impact of the new executive order and other changing developments in immigration related to COVID-19. Follow us there.
For other COVID 19 related immigration updates please visit our Immigration and COVID-19 Resource Center here.
Immigration Lawyer Blog
