immigrationlawyeranswers-blog

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National Interest Exception for Prosidential Proclamation 10014

National Interest Exception for Prosidential Proclamation 10014

Obtaining a National Interest Exception for Presidential Proclamation 10014, Suspending Entry of Certain Immigrants

Dated September 9, 2020

On April 22, 2020, the president issued an executive order (PP 10014 hereinafter the “IV ban”), restricting entry of certain immigrants, with some exceptions, on the basis that they presented a risk to the U.S. labor market given the negative effects of…

[immigrationlawyeranswers-blog]

Advice for DV-2020 selectees after Gomez v. Trump

Advice for DV-2020 selectees after Gomez v. Trump

Concerning Impact of Preliminary Stay in Gomez v. Trump on DV-2020 Selectees

AILA Doc. No. 20090838 | Dated September 8, 2020

On September 4, 2020, the U.S. District Court for the District of Columbia granted preliminary relief in part in Gomez, et al., v. Trump, et al., a lawsuit filed by AILA, Justice Action Center, and Innovation Law Lab, with pro bono support from Mayer Brown LLP, to…

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Visa Chargeability in Light of Executive Order on Hong Kong Normalization

Visa Chargeability in Light of Executive Order on Hong Kong Normalization

Visa Chargeability in Light of Executive Order on Hong Kong Normalization

Dated September 8, 2020

Background:

There has been a lot of speculation among members about whether the July 14, 2020 Executive Order on Hong Kong Normalization (PP 13936) impacts the visa chargeability of individuals born in Hong Kong. The order suspends the application of §201(a) of the U.S.-Hong Kong Policy Act…

[immigrationlawyeranswers-blog]

Re-entry Permit

Generally, LPR must present admission document upon entry to the US or be inadmissible. INA Section 212(a)(7)(A). LPR must present green card (I-551), or re-entry permit, but USCIS may waive requirement. 8 CFR 211.1(b). If an LPR returns without proper documents after temporary absence abroad and good cause exists for the failure to present an unexpired immigrant visa, permanent resident card, or…

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National Interest Exceptions to Presidential Proclamations

National Interest Exceptions to Presidential Proclamations

National Interest Exceptions to Presidential Proclamations (10014 & 10052) Suspending the Entry of Immigrants and Nonimmigrants Presenting a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak

Last Updated: August 12, 2020

On June 22, the President signed Presidential Proclamation (P.P.) 10052, which extends P.P. 10014, which…

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Options for LPRs Seeking Documentation for Form I-9 Verification

Options for LPRs Seeking Documentation for Form I-9 Verification

Practice Pointer: Options for LPRs Seeking Documentation for Form I-9 Verification

AILA Doc. No. 20072239 | Dated September 1, 2020

The COVID-19 pandemic and the resulting USCIS Field Office closures, elimination of the USCIS online Infopass system, the USCIS budget shortfall and resident alien card production delays have created a perfect storm for those in need of proof of status required…

[immigrationlawyeranswers-blog]

Guidance for Demonstrating an Exemption to Presidential Proclamations That Suspend Entry Due to COVID-19

Guidance for Demonstrating an Exemption to Presidential Proclamations That Suspend Entry Due to COVID-19

Practice Alert: Guidance for Demonstrating an Exemption to Presidential Proclamations That Suspend Entry Due to COVID-19

AILA Doc. No. 20072934 | Dated July 29, 2020

When a prospective traveler is explicitly exempt to the COVID-19 related travel bans, United States Customs and Border Protection (CBP) does not need to be notified in advance of travel to have an exemption waiver approved…

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NVC Best Practice for Uploading and Follow Up

NVC Best Practice for Uploading and Follow Up

NVC/AILA DOS Liaison Committee Meeting Portsmouth, New Hampshire November 7, 2019

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Q&A from Trump's June 22, 2020 amended executive Order

Q&A from Trump’s June 22, 2020 amended executive Order

Below is the text of the executive order and the questions and answers as related to each section

The 2019 Novel Coronavirus (COVID-19) has significantly disrupted Americans’ livelihoods.  Since March 2020, United States businesses and their workers have faced extensive disruptions while undertaking certain public health measures necessary to flatten the curve of COVID-19 and reduce the spread…

[immigrationlawyeranswers-blog]

Additional Employment-Based Visas Will Be Available for FY2021 Starting October 2020

Additional Employment-Based Visas Will Be Available for FY2021 Starting October 2020

AILA Doc. No. 20061901 | Dated June 18, 2020

Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division at the U.S. Department of State, in addressing the EB-5 trade association Invest in the USA (IIUSA) on June 15, 2020, estimated that the “FY2021 Employment limit will be at least 200,000 [as opposed to the regular 140,000 minimum].” This is because he…

[immigrationlawyeranswers-blog]

Impact of the Supreme Court Decision Blocking DACA Rescission

Impact of the Supreme Court Decision Blocking DACA Rescission

On June 18, 2020, the U.S. Supreme Court ruled that DHS’s decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedures Act. This practice alert explains the immediate impact of that decision and thoughts about the next steps as we look ahead to the 2020 election.

AILA Doc. No. 18011035 | Dated June 19, 2020

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Visa bulletin prediction for 2020

Visa bulletin prediction for 2020

If you haven’t done so, please follow me on Facebook (choose see first so you don’t miss any of my updates) and join my group for more answers in the future. We are looking to connect with you to provide more information in the future! https://www.facebook.com/groups/jcsimmigration/ https://www.facebook.com/jack.c.sung

Check-in with DOS’s Charlie Oppenheim

AILA Doc. No. 14071401 | Dated…

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What We Are Hearing About USCIS’s Processing of Adjustment of Status Applications based on the Roll Call Article (Updated 6/16/20)

What We Are Hearing About USCIS’s Processing of Adjustment of Status Applications based on the Roll Call Article (Updated 6/16/20)

AILA Doc. No. 16112144 | Dated June 16, 2020

Get the latest updates from AILA on rumored (and real) policy and procedural changes at the federal agencies under the Trump administration.

If you hear a rumor about change in policy or are told of a potential or current change from a government attorney, agent, or representative, post a message on the AILA Message Centerunder

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COVID-19 and the Public Charge Rule

COVID-19 and the Public Charge Rule

AILA Doc. No. 20040231 | Dated June 15, 2020

AILA provides responses to some frequently asked questions regarding the 2019 novel coronavirus (COVID-19) pandemic and its impact on public charge inadmissibility determinations. This document will be updated as more questions about COVID-19 and the public charge rule arise.

1. Will getting tested, treatment or preventative care…

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Will obtaining unemployment insurance impact my client’s immigration application under the public charge rule?

Will obtaining unemployment insurance impact my client’s immigration application under the public charge rule?

Unemployment insurance payments are not generally taken into consideration by the U.S. Department of Homeland Security (DHS) for purposes of making a public charge determination. As DHS explained in its final rule on inadmissibility on public charge grounds, “DHS would notconsider federal and state retirement, Social Security retirement benefits, Social Security Disability, post secondary…

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5 tips for filing H-1b work visa from an immigration lawyer (2020)

5 tips for filing H-1b work visa from an immigration lawyer (2020)

This article aims to help applicants for the H-1b work visa through employer’s sponsorship, and offers tips on how to correctly prepare the application.

H-1b petition is filed by the sponsoring employer on April 1st of every year to US Citizenship & Immigration Services (USCIS). Over the last five years, there were more applicants than there were quotas allocated by Congress, which resulted in…

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Visa revocation email received, what to expect next?

Visa revocation email received, what to expect next?

Why are some foreign nationals receiving visa revocation email from the US Consulate in recent weeks?

Foreign nationals on F-1 and H-1b status in the United States and those holding the same visa outside abroad have received visa revocation email from US Consulate or Embassy in recent weeks. In the email, the consulate informs them that their visa has been cancelled under INA 221(i), which grants…