<![CDATA[Smal Immigration Law Office - Blog: USA Immigration Law Updates]]>

<![CDATA[Smal Immigration Law Office - Blog: USA Immigration Law Updates]]>Sun, 13 Apr 2025 00:08:32 -0500Weebly<![CDATA[G-325A Registration Alert: Effective April 11 2025]]>Sun, 13 Apr 2025 02:07:51 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/g-325a-registration-alert-effective-april-11-2025Effective April 11, 2025, USCIS will begin enforcing a requirement that certain foreign nationals register with the agency and submit to fingerprinting if they remain in the U.S. for 30 days or longer.

As a reminder, the following individuals do not need to register:

Many authorized immigrants and nonimmigrants are not required to apply for registration and fingerprinting under the ARR, because they already satisfied the requirement through applying for a U.S. visa or ESTA travel authorization; others are categorically exempt. The following individuals are not required to apply for registration under the new ARR policy:

Foreign nationals who remain in the U.S. for fewer than 30 days;
Nonimmigrants and those already considered to be registered, including:
Citizens of Visa Waiver Program (VWP) participating countries granted ESTA travel authorization;
Lawful Permanent Residents;
Non-U.S. citizens paroled into the United States under INA212(d)(5) even if the period of parole has expired;
Non-U.S. citizens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
Non-U.S. citizens whom DHS has placed into removal proceedings;
Canadians who enter the U.S. and are issued an I-94 record (paper or electronic);
Non-U.S. citizens issued an employment authorization document;
Non-U.S. citizens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, and I-700 and provided fingerprints (unless waived), even if the applications were denied; and
Non-U.S. citizens issued Border Crossing Cards.

The following individuals do need to register:

All non-U.S. citizens, who will remain in the U.S. for more than 30 days and who did not complete the registration process in connection with a visa or ESTA admission, including:
Canadian visitors who entered the United States at land ports of entry and do not have an I-94 record;
Non-U.S. citizen children below the age of 14 who have not previously registered and who will remain in the U.S. for 30 days or more, will need to register (these children will be issued proof of registration but are not required to complete fingerprinting until they turn 14);
All non-U.S. citizen children, regardless of previous registration, who turn 14 years of age in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday;
Persons who entered without inspection EWI and who have not been fingerprinted in connection with any pending application for immigration benefits;
Permanent residents who obtained their green cards when under the age of 14 are required to register and complete fingerprinting through a Form I-90 once they reach the age of 14. The I-90 Form should be used for this type of registration rather than Form G-325R; and
Non-U.S. citizens who submitted one or more benefit requests to USCIS and who do not yet have Alternate Proof of Registration as listed below, including those who applied for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), and were not issued an employment authorization document or other acceptable proof of registration, must register with Form G-325R.

]]><![CDATA[CBP electronic device searches on the border: visa, green card, US citizen trevelers]]>Sun, 13 Apr 2025 02:04:02 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/cbp-electronic-device-searches-on-the-border-visa-green-card-us-citizen-trevelersAs the U.S. government heightens its focus on national security, international travelers—especially visa holders and lawful permanent residents—are experiencing increased scrutiny at ports of entry.
U.S. Customs and Border Protection has broad legal authority to inspect and search electronic devices — including phones, laptops, tablets, USB drives, and external hard drives – at the border. These searches do not require a warrant, probable cause, or even individualized suspicion, and can be conducted as part of routine screening at any U.S. port of entry. CBP’s authority extends to both incoming and outgoing travelers at any U.S. port of entry.
Here’s a summary of what to expect at the border, your rights and responsibilities, and how to prepare.
Recent Executive Order: Heightened national security screening
On January 20, the White House issued Executive Order 14161: Protecting the United States From Foreign Terrorists and Other National Security and Public Safety Threats. This Executive Order directs federal agencies, including CBP and U.S. Citizenship and Immigration Services, to implement more rigorous screening procedures for individuals seeking entry into the United States.
Key implications for travelers include the following:

Expanded data collection. The E.O. authorizes enhanced vetting measures and broader analysis of personal data, including social media activity and electronic records.
More detailed questioning. Travelers may face additional scrutiny related to travel purpose, background, or affiliations.
Longer processing times. Enhanced screening could result in delays at ports of entry.

Travelers should assume that both device content and online presence may be reviewed during inspection. Accuracy, consistency, and preparedness are essential.
CBP device searches
CBP categorizes searches into two types:
No. 1: Basic search

Officers may ask you to unlock your device and may manually examine its contents.
Officers may browse through your photos, documents, contacts, call logs, emails, messages, downloaded apps, and browsing history.
Officers cannot access cloud content unless it's already downloaded onto the device or auto-synced.
You may be asked to put the device in airplane mode to prevent cloud-based data retrieval.

No. 2: Advanced search

If flagged for further scrutiny, CBP may connect your device to a specialized forensic tool to copy, review, and analyze data.
This could include hidden files or deleted content.
CBP may retain the device temporarily (typically for no more than five days, though extensions are possible) for off-site analysis.

Social media scrutiny
In addition to CBP’s authority to search devices, U.S. immigration agencies are expanding efforts to review the digital footprints of applicants and travelers. A recent notice proposes that the USCIS begin collecting social media identifiers from individuals applying for immigration benefits—including green cards, naturalization, asylum, and refugee status. This proposed rule reflects a growing trend toward incorporating social media review into vetting and background checks.
Travelers and visa applicants should consider doing the following:

Review your profiles. Ensure your personal, employment, and location details match your immigration records.
Adjust your privacy settings. Limit public access to sensitive content, while maintaining a professional presence.
Be thoughtful about online posts and interactions. Avoid creating content that could be interpreted as inconsistent with your immigration status or entry purpose.
Delete inactive or outdated accounts. Especially those that may contain conflicting personal details or old user names.

If you refuse to provide access

U.S. citizens cannot be denied entry for refusing to unlock a device. However, non-citizens—including visa holders and lawful permanent residents—can be refused admission or face delays.
It is important to note, in some cases, that CBP may seize the device, escalate questioning, or refer the case to other agencies.

Know the limits of your legal recourse
CBP’s border search policies—including those on electronic devices—are governed by internal directives and longstanding federal law. These policies are designed to guide CBP operations but do not create or confer any personal rights, privileges, or legal remedies for travelers. In other words, travelers generally cannot sue CBP for following these policies unless a separate legal violation can be shown.
Traveling with electronics
To protect your privacy and reduce the risk of delays or data exposure, you should do the following:
Before you travel:

Back up your device, and travel with minimal data.
Log out of social media and email apps; disable biometric access (for example, Face ID, fingerprint).
Consider using guest profiles or temporary “travel devices.”
Turn off cloud syncing, or remove apps that store sensitive information (for example, Slack, Dropbox, Signal).
Encrypt your device, and use strong alphanumeric passwords.
Consider storing critical work files or privileged content in secure cloud storage (and sign out of those services).

During travel:

Cooperate respectfully if asked to unlock a device, but avoid volunteering access to apps or platforms.
If detained or questioned extensively, ask to speak with legal counsel or your company’s HR contact.

After re-entry:

Monitor for signs of data access or tampering if your device was taken or searched.
Consider changing passwords and enabling multi-factor authentication on sensitive accounts.
Notify your legal or compliance team if any privileged, confidential, or regulated data may have been accessed.

Additional tips

Be prepared to explain your travel purpose, employer, and visa status clearly and concisely.
Ensure device data does not conflict with your stated purpose of entry.
Avoid saving politically sensitive material or participating in online discussions that could be misinterpreted.

Filing a complaint
If you believe your device was mishandled or your rights were violated during a CBP search, you can file a redress request through the Department of Homeland Security Traveler Redress Inquiry Program, known as “TRIP” for short. TRIP is a formal avenue for travelers to inquire about or resolve issues related to CBP inspections, delays, or treatment at the border. Complaint or redress requests can be submitted here.
Unfortunately for international travelers—particularly visa holders and lawful permanent residents—electronic device searches are no longer rare exceptions but a routine part of CBP’s screening authority. Travelers should assume that anything accessible on a personal device could be subject to review.]]><![CDATA[Vetting of Visa Applicants, Green Card Holders, Students, Exchange Visitors by DOS]]>Thu, 10 Apr 2025 05:17:08 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/vetting-of-visa-applicants-green-card-holders-students-exchange-visitors-by-dosThe new administration is subjecting visa applicants and even permanent residents (green card holders) to additional vetting and has placed a “temporary pause” on certain green card applications “to do more vetting.” For example, the green card applications of parolees, asylees and refugees.

Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:

An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;
An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;
An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

The cable states that evidence that an applicant:
…advocates for terrorist activity, or otherwise demonstrates a degree of public approval or public advocacy for terrorist activity or a terrorist organization, may be indicative of ineligibility. [This may be] evident in conduct that bears a hostile attitude toward U.S. citizens or U.S. culture (including government, institutions, or founding principles). Or it may be evident in advocacy or sympathy for foreign terrorist organizations. All of these matters may open lines of inquiry regarding the applicant’s credibility and purpose of travel.
The cable notes that a consular officer’s revocation of a visa “must be based on an actual finding that the individual is ineligible for the visa,” not merely on suspected ineligibility or based on derogatory information that is insufficient to support an ineligibility finding “other than a revocation based on driving under the influence.” If an officer suspects ineligibility, the post should refer the case for further review. Some students on visas or even with green cards have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to “personally determine that [an] alien’s presence would compromise a compelling U.S. foreign policy interest” even if their statements, associations, and beliefs would be lawful.
]]><![CDATA[USCIS Plans to Require Applicants to Provide Access to Social Media Accounts]]>Thu, 10 Apr 2025 05:14:04 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-plans-to-require-applicants-to-provide-access-to-social-media-accounts
On March 5, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that it plans to require applicants for various immigration benefits to provide access to their social media accounts. USCIS said there was a “need to collect social media identifiers (‘handles’) and associated social media platform names from applicants to enable and help inform identity verification, national security and public safety screening, and vetting, and related inspections.”

The agency said the collection of information was “necessary to comply with section 2 of the Executive order (E.O.) entitled ‘Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats,’ which directs the implementation of uniform vetting standards and requires the collection of all information necessary for a rigorous vetting and screening of all grounds of inadmissibility or bases for the denial of immigration-related benefits.” The Department of State already asks for social media information in conjunction with visa applications filed outside of the United States.
USCIS said comments are will be accepted until May 5, 2025.]]><![CDATA[Tips for International Travelers Entering the United States in 2025]]>Thu, 10 Apr 2025 05:09:33 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/tips-for-international-travelers-entering-the-united-states-in-2025
Travel to the United States has gotten trickier in recent months. Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:

Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.
Consider not entering the United States now if your country is on a proposed “red” list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.
Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises you not to give up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.
If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.
Keep your immigration attorney’s contact information handy, along with contact information for a local friend. If it appears that you might be going into a secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.
Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.
Check your home country’s travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.

If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers.]]><![CDATA[Permanent Resident LPR or Green Card Holder Losing a Green Card Through Abandonment as a Result of International Travel]]>Thu, 10 Apr 2025 04:52:21 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/permanent-resident-lpr-or-green-card-holder-losing-a-green-card-as-a-result-of-international-travel-in-2025In 2025, lawful permanent residents LPRs or green card holders have increasingly faced denial of reentry to the United States after returning from international travel. Once considered routine, travel for permanent residents is now subject to heightened scrutiny at U.S. ports of entry.

Recent reports from national media outlets point to an alarming pattern. One story showcased several incidents in which LPRs returning from trips abroad—some as short as two weeks—were flagged for extended secondary inspection or denied admission outright. Officers cited concerns that the individuals had “abandoned” their U.S. residence.
Another report described increased use of discretionary authority by U.S. Customs and Border Protection (CBP) to assess abandonment, with some returning residents placed in removal proceedings on the spot.
Another account similarly described a surge in detentions of green card holders at airports and land ports of entry.
CBP officers, empowered by broad statutory discretion, have been using travel history, employment records, and even statements made under pressure during inspection to question continued eligibility for LPR status. The agency’s justification centers on fraud prevention and national security, though the cases reported often involve longtime residents with deep ties to the United States.

Legal Basis for Denial of Reentry for Abandonment:

Under U.S. immigration law, lawful permanent residence is not considered abandoned solely because of international travel. However, the Immigration and Nationality Act permits CBP to treat a returning LPR as an “arriving alien” subject to inspection if they meet certain criteria, including: absence from the United States for more than 180 days, engagement in illegal activity abroad, departure while in removal proceedings, attempted entry without valid documents, or voluntary abandonment of U.S. residence.

USCIS Policy Manual, Volume 12, Part D, Chapter 2, outlines the standards for evaluating abandonment of permanent residence. According to this guidance, abandonment may be found when the LPR resides primarily abroad, fails to maintain ties to the U.S., or does not file U.S. taxes as a resident. The legacy Adjudicator’s Field Manual (AFM), Chapter 52, reinforces that CBP officers are tasked with assessing whether the LPR maintained the intent to permanently reside in the U.S.

The decision is discretionary and can be based on any conduct or documentation that contradicts that intent.
While absence from the United States for over one year without a reentry permit is an automatic basis for denial of entry as a returning resident, even shorter absences can trigger scrutiny. The key determinant is not time alone but the totality of circumstances surrounding the travel and residence patterns.

CBP officers at ports of entry often rely on available documentation, statements made during inspection, and computer-accessible records such as past entry-exit data, employment history, and federal tax filings. If the officer suspects abandonment, options include admitting the LPR and referring the case for deferred inspection or removal proceedings, paroling the individual into the U.S. with conditions, or issuing an expedited removal order under §235(b) of the Immigration and Nationality Act (INA).

In some recent cases, officers have requested travelers to voluntarily surrender their green card by signing Form I-407, Record of Abandonment of Lawful Permanent Resident Status. Once signed, this form is considered a formal admission that the individual no longer wishes to retain LPR status.

Elderly LPRs in a High Risk Group:

Among those disproportionately impacted by the current enforcement trend are elderly green card holders—particularly parents of U.S. citizens who were sponsored for permanent residence through family-based petitions and now divide their time between the U.S. and their countries of origin. This group is especially vulnerable to abandonment allegations, not because of bad faith, but because of the natural structure of their lives: many are past working age, rely entirely on their U.S.-based children for financial and housing support, and spend portions of the year abroad due to caregiving obligations, cultural ties, or property matters.
These individuals often lack the types of evidence commonly associated with permanent residence, such as employment records, tax filings, utility bills in their name, or active financial accounts. When questioned at ports of entry, this absence of documentation can work against them—even if they are returning to a home they have lived in for years.

Moreover, in situations where lawful permanent residents are spending approximately half the year in the U.S. and the other half abroad, using their green card as a form of long-term visitor visa, CBP may reasonably argue that the individual is not permanently residing in the U.S. In such scenarios, the lack of a fixed U.S. domicile, especially without documents establishing residence and integration, is often used as a basis for a finding of abandonment. Even if the green card holder is living with a U.S. citizen child and dependent on them for all expenses, the perceived “temporary” nature of their U.S. presence can be scrutinized if not supported by concrete evidence of intent to reside permanently.

Reentry Permits and the Value of Documenting Intent: What Helps and What Not

For green card holders who anticipate being outside the United States for extended periods—especially those with legitimate obligations or unpredictable delays abroad—a reentry permit can be a vital safeguard. Issued after a successful Form I-131 application and biometrics appointment in the U.S., the reentry permit signals to CBP that the holder intends to maintain permanent residence despite a temporary stay abroad. While not an absolute guarantee of reentry, it can be a decisive factor in demonstrating intent and rebutting claims of abandonment.

It is important to note that reentry permits are typically issued for an initial validity period of up to two years. While the law does not prohibit the issuance of additional permits, they become increasingly difficult to obtain after the initial grant. In most cases, subsequent reentry permits are issued for just one year at a time, and the applicant must demonstrate a continued compelling reason for remaining abroad. The total maximum duration of time an LPR may spend outside the U.S. using successive reentry permits is generally limited to five years, although even that is not guaranteed. USCIS assesses each application on a case-by-case basis, and the burden is on the applicant to show that their ties to the United States remain intact and that the time abroad is truly temporary.

What Can You Do to Reduce Risk

Many LPRs adopt a documentation strategy to preserve evidence of continued U.S. residence. These materials, when maintained and organized, may help establish a record of permanent ties: a valid U.S. driver’s license or state-issued ID with a current address, copies of lease agreements, mortgage documents, or property titles, utility bills showing regular payments from a U.S. residence, IRS tax return transcripts confirming taxes filed as a U.S. resident, W-2 forms or pay stubs, U.S. bank account statements reflecting regular use, health insurance coverage under U.S.-based policies, letters from physicians or care providers explaining travel due to medical or caregiving needs, and affidavits or letters from U.S. citizen family members explaining living arrangements and ongoing support. Some individuals also prepare a brief travel summary or retain copies of communications related to the reason for international travel, such as a family emergency, property issue, or legal matter abroad. One example illustrates both the risks and the safeguards that can help. We represented a widowed elderly client who had lawfully resided in the United States for over a decade as a green card holder. With no close family in her home country and no sentimental ties remaining there, she planned a short visit to sell her ancestral home and finalize the closure of her affairs abroad. She intended to return to the U.S. in three months and had booked her return ticket accordingly. However, during her visit, she learned that new local regulations required all homes to be renovated to a new minimum standard before sale. Navigating these renovation requirements as a single elderly woman without nearby support proved challenging. Construction delays mounted, and what was intended as a short trip stretched to nearly a full year. Despite her extended stay, she returned just shy of the 12-month mark with detailed documentation showing her intent to return within three months, the unforeseen regulatory hurdles, the construction delays, her original return ticket and multiple changes to her return date, and proof that she continued to maintain a residence and health insurance in the U.S. Because she had prepared carefully and could clearly show that her extended absence was not voluntary, she was ultimately readmitted without being referred for removal. Her case underscores how even unanticipated challenges can be navigated successfully with thoughtful planning, transparency, and evidence of ongoing ties—and why advance planning with tools like reentry permits is especially important for those who expect their time abroad may exceed six months or become unexpectedly prolonged.

Lawful permanent resident status provides substantial protections and opportunities, but it is not insulated from discretionary reexamination. CBP officers possess wide authority to question the continuity of residence, and current enforcement patterns show that certain categories of LPRs—particularly the elderly, those with extended travel histories, and individuals who reside with family without maintaining financial independence—are especially vulnerable to abandonment determinations. In light of these developments, many LPRs now adopt more deliberate planning and documentation practices before traveling. While the law has not changed in text, its application at the border is evolving—and lawful permanent residents who lack conventional evidence of ties to the U.S. may find themselves at greater risk than ever before. Those navigating complex travel situations or seeking guidance on reentry planning should consider consulting a qualified immigration attorney for assessment and strategy tailored to their circumstances.

]]><![CDATA[USCIS Provides Updated Guidance on Venezuela TPS After 03-31-2025 Court Order]]>Thu, 10 Apr 2025 04:47:36 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-provides-updated-guidance-on-venezuela-tps-after-03-31-2025-court-orderUSCIS has issued guidance stating that the expiration dates for Venezuelan Temporary Protected Status (TPS) will revert to those in place on Jan. 17, 2025, when former Department of Homeland Security (DHS) Secretary Alejandro Mayorkas extended the designation by 18 months. The move is pursuant to the Mar. 31, 2025, district court order temporarily halting the DHS’s recission of TPS for Venezuelans. Employers should stay updated on the progress of the litigation.

Expiration dates under the Jan. 17, 2025, extension are as follows:

The 2021 designation currently expires Sept. 10, 2025. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.
The 2023 designation is extended through Oct. 2, 2026. Work authorization documents with expiration dates Sept. 10, 2025, Apr. 2, 2025, Mar. 10, 2024, and Sept. 9, 2022, are auto-extended until Apr. 2, 2026, pending the outcome of litigation.

Accordingly, employees with Venezuela TPS must be re-verified by Apr. 3, 2026. Employers should enter an expiration date of Apr. 2, 2026, on Supplement B of the I-9 form.

https://www.uscis.gov/humanitarian/temporary-protected-status/temporary-protected-status-designated-country-venezuela]]><![CDATA[H-1B Visa Cap Gap New 2025 Rule Expands Work Authorization for F-1 Students]]>Wed, 02 Apr 2025 05:33:53 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/h-1b-visa-cap-gap-new-2025-rule-expands-work-authorization-for-f-1-studentsOn December 18, 2024, the Department of Homeland Security (DHS) introduced the H-1B Modernization Rule, which took effect on January 17, 2025, and is still in effect. This rule brings a significant change to the F-1 cap-gap extension, offering greater flexibility for foreign F-1 students transitioning to H-1B status.

What Is the F-1 Cap-Gap Extension?
The F-1 cap-gap extension is a regulatory provision that bridges the gap between the expiration of an F-1 student’s Optional Practical Training (OPT) or STEM OPT and the start of their H-1B status. Under the previous rule, this extension ended on October 1st. However, with the new 2025 rule, the extension can now continue until as late as April 1st of the following calendar year, providing up to six additional months of valid status and work authorization.

Who Qualifies for the Extended Cap-Gap?
To be eligible for this extension, F-1 students must:

Be the beneficiary of a timely filed H-1B petition requesting a change of status (not consular processing); and
Be in a valid period of OPT/STEM OPT at the time the application is received by USCIS.

Benefits for Employers and F-1 Students
This extension reduces the need for finding interim solutions for employment authorization or navigating periods of unpaid leave.]]><![CDATA[Countries on a New Proposed Travel Ban or Restrictions List]]>Sun, 16 Mar 2025 17:23:40 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/countries-on-a-new-travel-ban-or-restrictions-listNew Administration is considering implementing travel restrictions for the citizens of as many as 43 countries, it has been reported.
A draft list of recommendations has been drawn up by security officials, placing the countries into three different categories — red, orange and yellow — according to The New York Times, citing unnamed U.S. officials.
The red list comprises 11 countries whose citizens would face a complete ban, while the other two lists of countries would face various degrees of visa restrictions, according to the newspaper.
An official told The New York Times that the draft list is subject to change and had not yet been approved by the Trump administration, including by Secretary of State Marco Rubio.

Read more here: We will publish the updates when the final document is released.

As of today, the draft lists the following countries:

Red List

The draft memo lists 11 countries on the red list whose citizens would be completely banned from entering the U.S. These countries include:

Afghanistan
Bhutan
Cuba
Iran
Libya
North Korea
Somalia
Sudan
Syria
Venezuela
Yemen

Orange List

The draft orange list includes 10 countries whose citizens would face additional restrictions, but not an entire ban from entering the U.S.
Affluent business travelers could be permitted entry, but not individuals traveling on immigrant or tourist visas, according to The New York Times. Citizens from these countries would also be required to undergo mandatory in-person interviews.
Countries on this list include:

Belarus
Eritrea
Haiti
Laos
Myanmar
Pakistan
Russia
Sierra Leone
South Sudan
Turkmenistan

Yellow List

The draft yellow list includes 22 countries, which would have 60 days to address deficiency concerns or risk being moved to another category.
Some of the issues these countries would have to address include failing to share information about incoming travelers with the U.S., inadequate security practices for issuing passports, and selling citizenship to people from banned countries.

The lists will be updated. These is just a draft and not the law yet.

]]><![CDATA[Alien Registration Form G-325R and Evidence of Registration for Non-Citizens in USA]]>Thu, 13 Mar 2025 14:16:38 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/alien-registration-form-g-325r-and-evidence-of-registration-for-non-citizens-in-usaThe U.S. Department of Homeland Security (DHS) published Interim Final Rule (IFR) on March 12, 2025 requiring non-US citizens to register and be fingerprinted, if they have never been registered or fingerprinted, if they intend to remain in the U.S. for more than 30 days. The main purpose of the new requirement is immigration enforcement and removal.

DHS has also provided the procedure for completing the registration requirements. Form G-325R is available for filing online. Effective date is April 11, 2025.

The rule is based on the statutory requirement in the Immigration and Nationality Act (INA), Section 262, which requires all non-US citizens to register with the DHS and be fingerprinted. However, until now, there was no formal process to comply with the rule apart from mandatory fingerprinting while applying for a visa at U.S. Consulates/Embassies abroad and submitting certain applications for benefits or status to U.S. Citizenship and Immigration Services (USCIS).

With the IFR, the DHS has now specified the procedure to comply with the registration requirement for non-US citizens who are not nonimmigrants or Lawful Permanent Residents (“green card” holders). Nonimmigrants and green card holders can skip to the “What Should I Do?” section at the bottom of this Alert for specific instructions.

Non-US citizens not otherwise registered must create an account on the myUSCIS website and submit Form G-325R (Biographic Information – Registration), available only for online filing, to USCIS. Form G-325R requests information on the registrant’s name and other identifying information, current mailing address and physical address, 5 years of address history, arrival date and immigration history, planned activity in the United States, plans to depart the United States (if any), and criminal history (if any). The form also requests any current spouse’s name and identifying information (though not immigration status), as well as each parent’s name, date and place of birth, and current residence. Registrants can upload any supporting documentation they wish to provide through the system or provide any free text information they wish to provide.

Once Form G-325R is submitted, the IFR states that USCIS will provide an appointment for the registrant to appear at an Application Support Center to have their fingerprints taken, unless they fall into a category exempted from fingerprinting.

Non-US citizens are required to submit the form within 30 days of the publishing of this rule, so by April 12, 2025. There is currently no fee to submit the form, though USCIS is requesting comments on whether it should impose a $30 fee to recover the costs of operating the registration process.

Non-US citizens over the age of 18 are required to carry proof of their registration with them at all times. Proof of registration can be printed from the USCIS website once Form G-325R is completed online for those not required to be fingerprinted. If fingerprinting is required, proof of registration will be available in the person’s myUSCIS account once fingerprinting is completed.

Aliens who have already registered include:

Lawful permanent residents;
Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas before their last date of arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, and provided fingerprints (unless waived), even if the applications were denied; and
Aliens issued Border Crossing Cards.

Who is not registered?
Anyone who has not applied to the Department of State for a visa, been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b), or has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

Aliens present in the United States without inspection and admission or inspection and parole who have not otherwise registered (that is, aliens who crossed the border illegally);
Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and
Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for deferred action or Temporary Protected Status who were not issued evidence of registration listed in 8 CFR 264.1(b).

Foreign nationals who must register include:

All non-US citizens who were not registered and fingerprinted when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. This includes:
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration must now register if they intend to remain in the U.S. for 30 days or longer; however, fingerprinting will continue to be waived for Canadian visitors.
- Non-US citizen children below the age of 14 years of age who have not been registered and remain in the United States for 30 days or longer. Therefore, parents with children on H-4, F-2, O-3, and similar dependent statuses are now required to register their children, though the children will not need to submit fingerprints until they reach age 14.
- Persons who entered without inspection and who have not been fingerprinted in connection with any pending application for immigration benefits.
Any noncitizen, regardless of previous registration, who turns 14 years old in the United States, must update their registration and be fingerprinted within 30 days after their 14th birthday.
Green card holders who obtained their green cards under age 14 are required to register by filing Form I-90, to replace their green cards, and be fingerprinted, upon reaching age 14. They should file Form I-90 instead of Form G-325R.
Non-US citizens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS), who were not issued evidence of registration, such as an employment authorization document, must register with Form G-325R.

Non-US citizens who have previously been registered and do not need to register:

Any non-US citizen or visitor from Canada in the U.S. for 30 days or less
All non-US citizens over age 14 who entered the United States with a nonimmigrant (temporary) visa or using ESTA after 2004, as they were registered and fingerprinted through their application for a visa and/or upon arrival in the United States. At all times, nonimmigrants should carry a printout of their Form I-94, Arrival-Departure Record from the CBP website as evidence of registration.
All green card holders (immigrants) who were over 14 years of age when they received their green cards have been registered and fingerprinted as part of the green card application process. Lawful Permanent Residents must carry their Permanent Resident (“green”) Card with them at all times as evidence of registration.

Penalties for Failure to Register and Failure to Carry Proof of Registration:
Non-US citizens who willfully do not comply with the registration and fingerprinting requirements are subject to criminal penalties, including a fine of up to $5000 or imprisonment for up to six months, or both. This penalty also applies to parents or guardians of those under the age of 14 who willfully fail to comply on behalf of their children. In addition, providing false information on the registration form is punishable under several criminal statutes, including imprisonment for up to 10 years for knowingly making a false statement under penalty of perjury in a document required by immigration laws and regulations.

What Should I Do?

Whether you are impacted by the new registration requirement depends upon your immigration status in the United States:

If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), you should consult with an attorney.
If you have a currently valid nonimmigrant status (F-1/F-2, H-1B/H-4, ESTA entry, etc.): Your nonimmigrant status, as evidenced by your I-94 printed from the CBP website, meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry a copy of your I-94 printout and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
If you are a Lawful Permanent Resident (including Conditional Permanent Resident) or “green card” holder: Your permanent resident status, as evidenced by your “green card,” meets the registration and fingerprinting requirement if you are over age 14, so you are not affected by this rule. You should carry your Permanent Resident Card with you and notify USCIS of any changes in your home address on Form AR-11 to maintain your valid registration with USCIS.
If you are the parent of a child under age 14 who is either in nonimmigrant status (F-2, H-4, O-3, etc.), or who is a “green card” holder, you must register your child under this new procedure. You should create a myUSCIS account for each child in that child’s name and complete Form G-325R for that child. Once your child turns age 14, you should update their registration on Form G-325R (for nonimmigrants) or file Form I-90 to replace the child’s green card and be fingerprinted (for green card holders). If you have questions about the registration process for your children, you should contact an attorney.
If you do not have a green card and are not in valid nonimmigrant status (including if you have stayed beyond your allowed period of stay in the United States or have violated your nonimmigrant status), should consult an attorney.

STEP-BY-STEP GUIDE FROM USCIS:

Step 1: Create a USCIS Online Account
To register, you must first create a USCIS online account. See our How to Create a USCIS Online Account page for more information.
Each alien submitting Form G-325R must have their own individual USCIS online account. This includes aliens under the age of 14. If you are the parent or legal guardian of an alien under the age of 14 who needs to register, you will need to set up an individual USCIS online account on your child’s behalf and in their name.
Step 2: Submit Form G-325R
Once you create your or your child’s (if you are the parent or legal guardian of an alien under 14 years of age) USCIS online account, fill out an electronic version of the Form G-325R, Biographic Information (Registration). Form G-325R must be filed online through a USCIS online account. It cannot be filed by mail or in person.

Step 3: USCIS review of Form G-325R
Once you have submitted Form G-325R, USCIS will review the information you provided and any DHS records that are available about you. If it appears that you have already complied with the registration requirements in some other way and do not need to submit Form G-325R, USCIS will notify you that you have already complied with the registration requirement. If you have already registered as required under INA 262, USCIS will not schedule you for a biometric services appointment or provide you with evidence of registration. If it appears that you are required to register, USCIS will review your Form G-325R to determine if you are required to appear for a biometric services appointment. If you are not required to appear for a biometric services appointment (for example, Canadian visitors and aliens under 14 years of age), USCIS will provide you with evidence of registration (see Step 5 below).
Step 4: Attend appointment for biometrics collection
If you are required to register and provide biometrics, USCIS will schedule you for a biometric services appointment at one of our Application Support Centers (ASCs). Registrants are not required to pay a biometric services fee under the Interim Final Rule.
See our Preparing for Your Biometric Services Appointment for more information about what to expect.
A willful failure or refusal to attend your biometric services appointment (if required) may result in a determination that you have failed to register under INA 266(a), 8 U.S.C. 1306(a), and may result in criminal penalties.
Step 5: Receive registration documentation
Once you have registered and provided your biometrics (if required), we will post a notice (USCIS Proof of G-325R Registration) that provides proof of your registration to your USCIS online account. In your USCIS online account, you will be allowed to download a PDF version of the notice and can print it.

Read more about Alien Registration requirement here.

]]><![CDATA[New CBP Home App Offers a Self Deportation Option]]>Mon, 10 Mar 2025 15:51:17 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-cbp-home-app-offers-a-self-deportation-optionToday, Secretary of Homeland Security announced that the Department of Homeland Security (DHS) is launching the CBP Home app with a self-deportation reporting feature for foreigners illegally in the country. DHS advises that people should use the CBP Home mobile phone application to submit their intent to depart as indicated below.

The CBP One app was updated into CBP Home app.

From the official DHS' announcement:

Self-deportation is the safest option for illegal aliens, while preserving law enforcement resources. Not only is it safer, but it also saves U.S. taxpayer dollars and valuable Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE) resources to focus on dangerous criminal aliens.
This self-deportation functionality is part of a larger $200 million domestic and international ad campaign encouraging illegal aliens to “Stay Out and Leave Now.”
All CBP One applications will automatically update to the CBP Home app. The new app is also available free across mobile application stores.
A Statement from Secretary Kristi Noem:
“The Biden Administration exploited the CBP One app to allow more than 1 million aliens to illegally enter the United States. With the launching of the CBP Home app, we are restoring integrity to our immigration system.
“The CBP Home app gives aliens the option to leave now and self-deport, so they may still have the opportunity to return legally in the future and live the American dream. If they don’t, we will find them, we will deport them, and they will never return.”

]]><![CDATA[City of Omaha, Nebraska Immigration Policies in 2025]]>Mon, 10 Mar 2025 15:37:29 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/city-of-omaha-nebraska-immigration-policies-in-2025City of Omaha, Nebraska 2025 immigration policies were announced by the Mayor and the Chief of Police in this video address: https://www.youtube.com/watch?v=XBHJUXlMIdE

]]><![CDATA[Canada and U.S. Information Sharing Agreement Now in Effect Between U.S. and Canadian Governments]]>Thu, 06 Mar 2025 20:56:04 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/canada-and-us-information-sharing-agreement-now-in-effect-between-us-and-canadian-governmentsOn January 17, 2025, the United States and Canada entered into an agreement to enable the automated exchange of biographical and biometric information of permanent resident holders in both countries.

This is an expansion of a previous agreement signed in 2012, which enabled the transfer of information for non-permanent resident holders only. The agreement has been expanded to help vet identity, strengthen admissibility screenings, and facilitate visa issuances for individuals with a proven history of immigration compliance in both the U.S. and Canada.

Read more here and here. ]]><![CDATA[New I-864P Federal Poverty Guidelines Effective March 1 2025]]>Tue, 04 Mar 2025 06:05:54 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-i-864p-federal-poverty-guidelines-effective-march-1-2025I-864P, 2025 HHS Poverty Guidelines for Affidavit of Support.

If you are applying for adjustment of status (USCIS Form I-485), or an immigrant visa (Form DS-260), and need the Affidavit of Support, USCIS Form I-864, effective 03/01/2025, you must use the HHS Poverty Guidelines for 2025 to complete Form I-864, Affidavit of Support Under Section 213A of the INA.

These poverty guidelines are effective beginning Mar. 1, 2025.

Начиная с 1 марта 2025 вступили в силу новые рассчеты уровня бедности для подачи Аффидевита о Материальной поддержке для получения вида на жительство или грин карты в США.

Таблица с 100% и 125% рассчетами опубликована тут. Таблица на 2025 год разделяет категории по количеству членов семьи и по штатам (все штаты, и отдельно Гавайи и отдельно Аляска).

]]><![CDATA[New Type of a Green Card: Gold Card and US Citizenship for Wealthy]]>Sat, 01 Mar 2025 19:00:51 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/new-type-of-a-green-card-gold-card-and-us-citizenship-for-wealthyAccording to a recent announcement, current American Administration plans to create a Gold Card program (green card for wealthy individuals interested in becoming US residents and US citizens).

As was announced, this new type of residency would provide a pathway to U.S. citizenship through the investment of US$5 million.

At this time, there are specific details and requirements for this new program. The Administration has indicated that the Gold Card would be adjudicated in expedited manner (contrary to the existing EB-5 immigrant investor program), and will not have an annual quota (contrary to the EB-5 program which is limited to 10,000 per year).

As was said, the revenue from this new immigration program could be used to help reduce the national debt (contrary to the EB-5 program which is focused on the job-creation for American citizens).

Another difference is that the EB-5 program provides for "conditional" Green Card valid for two years only, after which an investor and his family must engage in another lengthy process of "removing the conditions" and getting a permanent Green Cards for ten years.

The administration’s current plan is to have the Gold Card visa replace the EB-5 immigrant investor visa, which has been the only investment-based green card option since 1990s.

The currently existing EB-5 program requires an investment of $800,000 or $1,050,000 in a U.S. business, the creation of 10 jobs for U.S. workers, and local economic growth. The process involves proving a lawful source of investment funds and a suite of other investment requirements to be approved for and maintain their permanent residence status.
The EB-5 program was initially created in 1990 by Congress and went through a legislative overhaul with the EB-5 Reform and Integrity Act (RIA). The RIA tightened the program’s regulatory, compliance, and oversight components to enhance investor protections. It also reauthorized the regional center program through September 30, 2027. Eliminating the program early would require Congressional approval.
In alternative, the proposed Gold Card and the EB-5 visa programs could co-exist as two separate programs, each striving for different investor demographics and economic goals.

It was suggested, the Gold Card, with a higher price tag and expedited process (and different tax benefits), would attract wealthy individuals and provide significant funds directly to the U.S. government. EB-5 visa, on the other hand, involves a lower investment amount and a slower process, but is more accessible to a larger pool of potential investors and provides economic benefits directly to American workers and local economies.

In Russian:

Недавно объявленный план Белого Дома заключается в том, чтобы виза Gold Card заменила иммиграционную инвесторскую визу EB-5, которая была единственным вариантом получения грин-карты на основе инвестиций с 1990-х годов.

Действующая в настоящее время программа EB-5 требует инвестиций в размере US$800 000 или US$1 050 000 долларов в американский бизнес, создания 10 рабочих мест для граждан США и экономического роста и т.п. Процесс включает в себя подтверждение законного источника инвестиционных средств и ряд других инвестиционных требований для одобрения и сохранения статуса постоянного резидента.

Программа EB-5 была первоначально создана в 1990 году Конгрессом и прошла законодательную реформу с принятием Закона о реформе и добросовестности EB-5 (RIA). RIA ужесточила нормативные, контрольные и надзорные компоненты программы для усиления защиты инвесторов. Она также повторно разрешила программу региональных центров до 30 сентября 2027 года. Для досрочной отмены программы потребуется одобрение Конгресса.

В качестве альтернативы предлагаемые программы Gold Card и визы EB-5 могли бы сосуществовать как две отдельные программы, каждая из которых интересна разным группам инвесторов.

Предполагается, что Gold Card с более высокой ценой инвестиций (или "покупки" вида на жительство) и ускоренным процессом привлечет состоятельных людей, которые заинтересованы в получении вида на жительство и гражданство США (с особым режимом налогообложения, что также важно). Виза EB-5, с другой стороны, предполагает меньшую сумму инвестиций и более медленный процесс, и не дает никаких бенефитов в смысле налогообложения, но она более доступна для большего числа потенциальных инвесторов и обеспечивает экономические выгоды напрямую американским работникам и местной экономике.

Мы будем публиковать новости на эту тему в нашем блоге и на ютуб канале.

https://www.youtube.com/@lubasmalimmigrationlawyer

]]><![CDATA[Alien Registration Requirement Will be Enforced by USCIS]]>Wed, 26 Feb 2025 06:03:03 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/alien-registration-requirement-will-be-enforced-by-uscisAlien Registration Requirement.

On Jan. 20, 2025, President Trump issued the Protecting the American People Against Invasion executive order which directed the Department of Homeland Security to ensure that aliens comply with their duty to register with the government under section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. 1302), and ensure that failure to comply is treated as a civil and criminal enforcement priority.

The INA requires that, with limited exceptions, all aliens 14 years of age or older who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer, must apply for registration and fingerprinting. Similarly, parents and guardians must ensure that their children below the age of 14 are registered. Within 30 days of reaching his or her 14th birthday, the previously registered alien child must apply for re-registration and to be fingerprinted.

Once an alien has registered and appeared for fingerprinting (unless waived), DHS will issue evidence of registration, which aliens over the age of 18 must carry and keep in their possession at all times.

It is the legal obligation of all unregistered aliens (or previously registered children who turn 14 years old) in the United States to comply with these requirements. Failure to comply will result in criminal and civil penalties, up to and including misdemeanor prosecution and the payment of fines.

Registration is not an immigration status, and registration documentation does not establish employment authorization or any other right or benefit under the INA or any other U.S. law.

American Indians born in Canada who entered the United States under section 289 of the INA, and members of the Texas Band of Kickapoo Indians who entered the United States under the Texas Band of Kickapoo Act, are not required to register.

Who has already registered?

Anyone who has been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) has registered. Also, anyone who submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) and was not issued one of the pieces of evidence designated at 8 CFR 264.1(b), complied with the registration requirement of INA 262. Aliens who have already registered include:

Lawful permanent residents;
Aliens paroled into the United States under INA 212(d)(5), even if the period of parole has expired;
Aliens admitted to the United States as nonimmigrants who were issued Form I-94 or I-94W (paper or electronic), even if the period of admission has expired;
All aliens present in the United States who were issued immigrant or nonimmigrant visas prior to arrival;
Aliens whom DHS has placed into removal proceedings;
Aliens issued an employment authorization document;
Aliens who have applied for lawful permanent residence using Forms I-485, I-687, I-691, I-698, I-700, even if the applications were denied; and,
Aliens issued Border Crossing Cards.

Who must apply for registration

All aliens 14 years of age or older who were not registered and fingerprinted (if required) when applying for a visa to enter the United States and who remain in the United States for 30 days or longer. They must apply before the expiration of those 30 days.
The parents and legal guardians of aliens less than 14 years of age who have not been registered and remain in the United States for 30 days or longer, prior to the expiration of those 30 days.
Any alien, whether previously registered or not, who turns 14 years old in the United States, within 30 days after their 14th birthday.

Who is not registered?
Anyone who has not been issued one of the documents designated as evidence of registration under 8 CFR 264.1(b) and has not submitted one of the forms designated at 8 CFR 264.1(a) and provided fingerprints (unless waived) is not registered. Aliens who have not registered include:

This includes:
- Aliens who are present in the United States without inspection and admission or inspection and parole;
- Canadian visitors who entered the United States at land ports of entry and were not issued evidence of registration; and,
- Aliens who submitted one or more benefit requests to USCIS not listed in 8 CFR 264.1(a), including applications for Deferred Action for Childhood Arrivals or Temporary Protected Status, who were not issued evidence of registration.

How to register
DHS will soon announce a form and process for aliens to complete the registration requirement. Beginning Feb. 25, 2025, aliens required to register should create a USCIS online account in preparation for the registration process. See our How to Create a USCIS Online Account page for more information. Once the registration process is implemented, aliens will submit their registration, and parents and guardians will submit registration applications on behalf of their children under 14, through their USCIS online account.
Information will be updated in the coming days.

]]><![CDATA[USCIS DHS Terminated TPS for Venezuela]]>Wed, 05 Feb 2025 05:18:37 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uscis-dhs-terminated-tps-for-venezuelaThe DHS has revoked Temporary Protected Status, or TPS for more than 300,000 Venezuelans in the United States (October 2023 TPS), leaving the Venezuelans vulnerable to potential deportation in the coming months.

In September 2025, 2021 TPS for Venezuela will come to the end too.

This time, the administration has decided to make the changes more immediate. Those under TPS from Venezuela who received the protections in 2023 will lose their temporary status 60 days after the government publishes the termination notice.

The notice indicates that more than 300,000 Venezuelans had TPS until April 2025. Another group of more than 250,000 Venezuelans have protections through September and for now will not be affected, but could be in danger of losing their status in the future.

On Feb. 1, 2025, Secretary of Homeland Security Kristi Noem decided to terminate Temporary Protected Status (TPS) under the 2023 designation for Venezuela.
TPS and related benefits associated with the 2023 designation will no longer be in effect starting 60 days after publication of the termination notice in the Federal Register.

This announcement impacts approximately 600,000 Venezuelans currently in the United States with TPS.
Former Secretary Mayorkas designated Venezuela for TPS once on May 9, 2021, and a second time on Oct. 3, 2023. Under Secretary Mayorkas’ Jan. 17, 2025, notice, TPS was extended as follows:

The 2021 designation expires Sept. 10, 2025. Employment authorization documents for individuals who registered under the 2021 designation expire April 2, 2026.
The 2023 designation expires Oct. 2, 2026. Employment authorization documents for individuals who registered under the 2023 designation expire April 2, 2026.

2021 registrants were permitted to register under the 2023 designation. Secretary Noem’s announcement intends to vacate the Jan. 17, 2025, notice. Following Secretary Noem’s announcement, any 2021 registrants who registered under the 2023 designation will have their 2021 designations restored.

As a result of this announcement, USCIS will no longer accept Venezuela TPS re-registration applications (Form I-821) and Applications for Employment Authorization (Form I-765) filed under former Secretary Mayorkas’ Jan. 17, 2025, redesignation. USCIS will cease processing applications already submitted and return associated filing fees. Additionally, USCIS will invalidate Venezuela TPS work authorization documents, approval notices, and I-94 forms issued with Oct. 2, 2026, expiration dates.

It will be published in the Federal Register on February 5, 2025.

The USCIS webpage TPS for Venezuela.

]]><![CDATA[Global Visa Wait Times: How Long Does It Take to Receive a Visa Interview]]>Thu, 30 Jan 2025 20:16:38 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/global-visa-wait-times-how-long-does-it-take-to-receive-a-visa-interviewGlobal Visa Wait Times

Last updated: 1-7-2025

The estimated wait time to receive an interview appointment at a U.S. Embassy or Consulate can change weekly and is based on actual incoming workload and staffing. These are estimates only and do not guarantee the availability of an appointment.

Note: Embassies and Consulates may have a separate process for visa cases where the in-person interview requirement is waived. In general wait times for those cases are shorter, but they are not reflected in the table below.

Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

See more here.

List is here.

]]><![CDATA[Uniting for Ukraine U4U Update: Program Postponed in January 2025]]>Thu, 30 Jan 2025 19:20:34 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/uniting-for-ukraine-u4u-update-program-postponed-in-january-2025
Update on Form I-134A

Release Date 01/28/2025

Программа Ю4Ю для Украины временно приостановлена.
Если у вас есть возможность подать на ТПС, это остается лучший вариант для многих украинцев в США.

Due to the Jan. 20, 2025 Executive Order, Securing Our Borders, USCIS is pausing acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, until we review all categorical parole processes as required by that order.

Read here.

On January 23, 2025, the Department of Homeland Security (DHS) announced a pause of the Uniting for Ukraine (U4U) Parole Program, a special program implemented after Russia’s invasion of Ukraine that permits Ukrainians seeking temporary refuge to travel to and work in the United States.
The DHS directive halts the review and adjudication of both initial and renewal parole applications under the U4U program. While not officially terminated, the directive suggests that DHS will not accept new applications for initial parole periods or renewal (or “reparole”) applications for those seeking to extend their parole in the United States. During an undetermined review period, individuals outside the United States should not expect decisions on pending applications, and those currently in the United States are strongly encouraged to explore alternative options to maintain legal status and work authorization.

The best policy at this time is to avoid International Travel: Foreign nationals with Advance Parole or similar travel authorizations are advised not to leave the United States. Due to heightened scrutiny at ports of entry, travelers risk being denied reentry and may face expedited removal proceedings. Those seeking reentry have reportedly been asked to voluntarily depart or risk detention.

However, recently the CBP posted this update, advising travelers that the old form I-512, Advance Parole, are still acceptable documents for reentry to the United States.

Please see here.
https://www.cbp.gov/sites/default/files/2025-01/executive_order_on_securing_our_borders_20250122.pdf

Мы опубликовали видео про этут тут:

https://youtube.com/shorts/F0jxH2JbUcc?si=9XiLYtcS-LTEsJGY

]]><![CDATA[J-1 Visa Exchange Visitor Skills List was updated and applies retroactively]]>Thu, 23 Jan 2025 22:45:49 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/j-1-visa-skills-list-was-updated-and-applies-retroactivelyThe Department of State (DOS) revised the J-1 Skills List, which lists home countries to which foreign nationals are subject to a two-year foreign home residency requirement.

The 37 countries that have been removed from the J-1 Skills List are: Albania, Algeria, Argentina, Armenia, Bahrain, Bangladesh, Bolivia, Brazil, Chile, China, Colombia, Costa Rica, Dominican Republic, Gabon, Georgia, Guyana, India, Indonesia, Kazakhstan, Laos, Malaysia, Mauritius, Montenegro, Namibia, Oman, Paraguay, Peru, Romania, Saudi Arabia, South Africa, South Korea, Sri Lanka, Thailand, Trinidad and Tobago, Turkey, United Arab Emirates, and Uruguay.
This change applies retroactively. J nonimmigrant exchange visitors who were subject to the two-year foreign residency requirement based upon the Skills List at the time of their admission to the United States in J status will no longer be subject to the residency requirement if their country has been eliminated from the list.
This change is particularly impactful for professionals who often face significant career disruptions and personal hardships due to the two-year foreign home residency requirement. Exempted individuals will be able to pursue further training and employment in the U.S. without disruption.
The elimination of this requirement for certain countries may make the United States a more attractive destination for top talent.

The change, however, does not affect individuals who are subject to the two-year requirement on other grounds, such as government funding or physicians in the United States for graduate medical training.
J-1 visas are work-and-study-based exchange visitor programs established by DOS. The Skills List that became part of that program was established to identify countries with a shortage of certain skills and then ensure that those who gained those skills in the United States would return to their home countries to ensure that knowledge and skills gained during the exchange program would be shared with the individual’s home country. From time to time, DOS revises the list to ensure it is accurately accomplishing the goal that foreign nationals return to their home country when most needed. In this revision, DOS is updating the countries included on the Skills List, but not updating the skills listed.

]]><![CDATA[Summary of the Executive Orders Signed by the President Since January 20, 2025]]>Thu, 23 Jan 2025 20:13:15 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/summary-of-the-executive-orders-signed-by-the-president-since-january-20-2025
Highlights of the New Executive Orders relating to immigration law and policies signed since January 2025.

National Emergency Declaration at the Southern Border
President Trump declared a national emergency to mobilize the U.S. military, expedite border wall construction, and bolster surveillance through drones and advanced technology. This measure aims to deter illegal crossings and improve border integrity and security.

Designation of Drug Cartels as Foreign Terrorist Organizations
The administration has classified drug cartels as “foreign terrorist organizations.” This designation will facilitate more robust measures against their operations and may influence broader immigration enforcement actions.

End of Humanitarian Parole Programs
The administration continues to affirm plans to terminate programs that had provided legal pathways for migrants from countries like Cuba, Haiti, Nicaragua, and Venezuela, as well as similar programs for Afghans, Ukrainians, and other groups. This signals a shift away from temporary humanitarian admissions and toward stricter immigration controls.

Re-examination of Temporary Protected Status grants to ensure they “are appropriately limited in scope and made for only so long as may be necessary to fulfill the textual requirements of that statute”.

Changes to Asylum and Refugee Policies
The executive orders aim to end “catch and release” practices and significantly restrict asylum rights, reducing the ability of migrants to seek protection upon arrival. These measures may face legal challenges claiming they are inconsistent with existing U.S. and international law.

Additionally, the administration intends to suspend the refugee resettlement program for four months. The refugee resettlement program has, for several decades, allowed hundreds of thousands of people fleeing war and persecution to come to the United States. President Trump similarly suspended the refugee program at the beginning of his first term, and, after reinstating it, significantly reduced the number of refugees admitted annually.

Enhanced Interior Enforcement
Key actions include reinstating the “Remain in Mexico” policy, expanding the 287(g) program—which deputizes state and local officials as federal immigration enforcement agents—and issuing financial penalties to sanctuary cities that do not cooperate with federal immigration authorities. Both actions reflect the Trump administration’s campaign promise to crack down on illegal immigration and carry out mass deportations.

A measure “ensuring that employment authorization is provided in a manner consistent with [existing employment authorization regulations], and that employment authorization is not provided to any unauthorized alien in the United States.”

A directive to “take all appropriate action. . .to encourage aliens unlawfully in the United States to voluntarily depart as soon as possible.”

Increased use of detention pending removal from the United States.

End Birthright Citizenship
One of the key announcements is the effort to end birthright citizenship. Birthright citizenship ensures that anyone born in the United States automatically becomes an American citizen. It is expected to face legal challenges.

The new Executive Order challenges this historical precedent, and seeks to limit citizenship to children of at least one U.S. citizen or lawful permanent resident (green card holder), regardless of physical presence.
On January 20, 2025, Inauguration Day, President Trump signed an executive order entitled “Protecting the Meaning and Value of American Citizenship”, which interprets the language “subject to the jurisdiction thereof” in the Fourteenth Amendment of the Constitution to mean that U.S. citizenship does not extend to individuals born in the United States:
1. when that person’s mother was unlawfully present in the United States and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth,
2. or when that person’s mother’s presence in the United States at the time of said person’s birth was lawful but temporary (such as, but not limited to, visiting the United States under the auspices of the Visa Waiver Program or visiting on a student, work, or tourist visa) and the father was not a United States citizen or lawful permanent resident at the time of said person’s birth.
The Executive Order directs agencies not to “issue documents recognizing United States citizenship, or accept documents issued by State, local, or other governments or authorities purporting to recognize United States citizenship” to individuals falling within these categories.

The Executive Order specifies that it applies “only to persons who are born within the United States after 30 days from the date of this order”, after February 19, 2025, and does not explain whether the U.S. citizenship of a child who has already been born to two non-U.S. citizen or LPR parents will continue to be recognized.
Based on the text of the EO, citizenship would also no longer be granted children born to individuals on temporary visas, including employment-based visas. The Executive Order is scheduled to take effect on February 19, 2025, however a legal challenge has already been filed. Other lawsuits are sure to follow, and the executive order may be blocked by federal courts.

Visa applicants and employers can expect to see many of these policies implemented immediately, which may result in processing delays and even possible denials. The Executive Order also directs various agencies to -- within 60 days -- identify countries that may post a security risk and for which a suspension of admission may be warranted. This directive signals a potential return of policies similar to the travel ban that was implemented in 2017 against several countries.

Florida’s Role in Supporting Federal Immigration Goals
Florida has proposed legislation designed to align Florida’s state policies with the Trump administration’s federal immigration priorities. These include:

Maximum Participation in the 287(g) Program: Florida will mandate compliance from local officials, imposing penalties for non-compliance.
State Crime for Illegal Entry: The legislation creates a state offense for illegal entry, coupled with a self-deportation mechanism.
Unauthorized Alien Transport Program (UATP): Expansion of this program will facilitate the detention and deportation of unauthorized individuals.
Repeal of In-State Tuition for Undocumented Students: This move underscores a stricter approach to benefits extended to unauthorized residents.
Voter Registration Reforms: Measures will ensure identity verification and impose severe penalties for voter fraud.
Restrictions on Financial Transfers: New rules will require identity verification for foreign remittance transfers, aiming to reduce potential misuse.

Implications and Challenges
These policies are expected to face legal challenges. Some of them can be declared invalid by the courts.

]]><![CDATA[Effective January 22, 2025, USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants]]>Thu, 23 Jan 2025 18:01:17 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/effective-january-22-2025-uscis-waives-covid-19-vaccination-requirement-for-adjustment-of-status-applicantsEffective January 22, 2025, USCIS Waives COVID-19 Vaccination Requirement for Adjustment of Status Applicants. This vaccine is lo longer required for an application for a Green Card.

Effective Jan. 22, 2025, USCIS is waiving any and all requirements that applicants for adjustment of status to that of a lawful permanent resident present documentation on their Form I-693, Report of Immigration Medical Examination and Vaccination Record, that they received the COVID-19 vaccination.

USCIS will not issue any Request for Evidence or Notice of Intent to Deny related to proving a COVID-19 vaccination. USCIS will not deny any adjustment of status application based on the applicant’s failure to present documentation that they received the COVID-19 vaccination.

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22 января 2025 USCIS отменили требование о првивке от Ковида-19 для иммигрантов подающих на грин карту. Теперь если вы подаете на грин карту и делаете медосмотр, вам прививка от Ковида уже не нужна.

Если вы уже подали и получили RFE, вам стоит ответить на этот запрос, но прививка не требуется.

]]><![CDATA[I-9 Form: Penalties for Immigration-Related Violations in 2025]]>Mon, 13 Jan 2025 20:14:45 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/i-9-form-penalties-for-immigration-related-violations-in-2025As required by law, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties under the Immigration Reform & Control Act (IRCA), effective January 2, 2025. The higher penalties are for those cases where the penalties are assessed on February 13, 2024, and thereafter. These increases were about 1%, which is similar to the 2024 increases due to inflation.

With an expected surge in ICE I-9 audits and ICE raids, employers should pay careful attention to their I-9 forms and conduct an internal I-9 audit to correct, any I-9 errors. Such an internal I-9 audit could save an employer substantial money if audited by ICE.

Form I-9 is here
Employers must:

Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Below are the offenses with the old and new penalties:

]]><![CDATA[TPS for Ukraine Extended for 18 months Until October 19 2026]]>Fri, 10 Jan 2025 18:05:41 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/tps-for-ukraine-extended-for-18-months-until-october-2026DHS to Extend Temporary Protected Status for Ukraine

Extension Allows Eligible Ukrainian Nationals Who Arrived on or Before August 16, 2023, to Maintain TPS and Employment Authorization Following Vetting

WASHINGTON – The Department of Homeland Security announced today the extension of Temporary Protected Status (TPS) for Ukraine for 18 months. The extension of TPS is due to ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent eligible Ukrainian nationals from safely returning.

After reviewing the country conditions in Ukraine and consulting with interagency partners, it was determined that an 18-month TPS extension is warranted because of conditions resulting from the expansion of the Russian military invasion into Ukraine, the largest conventional military action in Europe since World War II. Russia’s expanded military invasion has led to high numbers of civilian casualties and reports of war crimes and crimes against humanity committed by Russian military forces and officials. This invasion has caused a humanitarian crisis, with significant numbers of individuals fleeing and damage to civilian infrastructure that has left many without electricity or access to medical services. These conditions prevent Ukrainian nationals and habitual residents from safely returning. Such a determination meets the statutory obligation to decide, at least 60 days before the expiration of a TPS designation, whether the conditions for designation continue to be met and merit an extension.

The extension of TPS for Ukraine allows approximately 103,700 current eligible beneficiaries to re-register for TPS, if they continue to meet eligibility requirements. Re-registration is limited to individuals who previously registered for TPS under Ukraine’s designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status. Every individual processed by the Department of Homeland Security goes through rigorous national security and public safety vetting during the original application process and again during re-registration. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution as appropriate. Individuals are barred from TPS if they have been convicted of any felony or two misdemeanors.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document before their current EAD expires and is automatically extending for 12 months the validity of EADs previously issued under Ukraine’s TPS designation.

U.S. Citizenship and Immigration Services (USCIS) will continue to process pending applications filed under the Ukraine designation. Both initial applicants and re-registering current beneficiaries who have a pending Form I-821 or Form I-765 do not need to file either application again. If USCIS approves an individual’s pending Form I-821, USCIS will grant them TPS through October 19, 2026. Similarly, if USCIS approves a pending TPS-related Form I-765, USCIS will issue the individual a new EAD that will be valid through the same date.

A soon-to-be-published Federal Register notice will explain the eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs.

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Только что было объявлено о продлении ТПС для Украины на дополнительный период 18 месяцев с 19 апреля 2025 по 19 октября 2026.

Если вы находились в США до 16 августа 2023 вы сможете подать на ТПС (временный статус защиты).

Если у вас и ваших детей уже есть ТПС, вы сможете продлить.

Также подавайте на разрешение на работу, форма I-765, и получите автоматическое продление EAD на 12 месяцев.

Пока решение не было опубликовано в Федеральном Регистре, только после публикации можно будет подать.

Не забывайте про ваших детей - каждому нужно подать заявление на ТПС по отдельности.

Мы опубликовали краткое видео тут: www.youtube.com/@lubasmalimmigrationlawyer

]]><![CDATA[QandA: How a Lawful Permanent Resident Can Apply for a Green Card for Their Spouse Abroad?]]>Wed, 04 Dec 2024 19:28:14 GMThttps://law-visa-usa.com/blog-usa-immigration-law-updates/qanda-how-a-lawful-permanent-resident-can-apply-for-a-green-card-for-their-spouse-abroadQ: I have been a permanent resident since 2023. What is the process for a green card holder to bring their new spouse from India to the USA after obtaining permanent residency?

A: Congratulations on your marriage!

1. File the I-130 petition for your spouse. It can be filed by mail, but it is better to file it online at myUSCIS (http://my.uscis.gov) website.
2. Wait until form I-130 is approved by USCIS.
3. Wait until your Priority date is current. NVC will notify you and create an online account before that.
4. Submit a visa application, form DS-260, online. Save a Confirmation Page (for the interview) and the application itself (for your records).
5. Prepare and submit form I-864, Affidavit of Support. Attach all required documents. Send some of them documents to your spouse.
6. Wait for a visa interview date to be scheduled. The NVC will email you.
7. Your spouse will attend a medical examination after the interview is scheduled.
8. Your spouse will attend an immigrant visa interview at the US embassy or consulate in their home country.
9. If/when a visa is issued, you will pay the final Green Card fee of $235 online to USCIS, and your spouse can travel to the USA. An immigrant visa is usually valid for 6 months or less.
10. Once arrived in the US, she/he becomes a permanent resident. A green card and a social security card will be mailed to your or your attorney’s address within 2–3 months.

P.S. If you obtained your residency (aka green card) through a marriage to a US citizen, you should consult an attorney before starting the process for your new spouse.

If you need legal advice or help, please email or schedule a consultation with an attorney, please email or use our online scheduler at Calendly.com/lubasmal

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