Immigration Blog Luba Smal Attorney at Law - Smal Immigration Law Office

Traveling Abroad as Asylum Applicant, Asylee, or Lawful Permanent Resident

2/19/2019

Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum.

Asylum applicants, asylees, and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.

--> An asylum applicant who leaves the United States without first obtaining advance parole shall be presumed to have abandoned his or her asylum application. Advance parole (see: USCIS Form I-131) allows certain aliens to return to the United States without a visa after traveling abroad.
Asylum applicants must receive advance parole before leaving the United States.
Advance parole does not guarantee that the alien will be paroled into the United States. Rather, the asylum applicant must still undergo inspection by an immigration inspector from United States Customs and Border Protection (CBP).

--> Asylees: Asylees (individuals who have been granted asylum) may travel abroad with the prior approval of the Secretary of the Department of Homeland Security (DHS). Such prior approval comes in the form of a refugee travel document. A refugee travel document is valid for one year and is issued to an asylee to allow his or her return to the United States after temporary travel abroad.
Generally, the asylee should obtain the refugee travel document prior to departure from the United States, though the applicable regulations also permit the issuance of a refugee travel document abroad under certain circumstances. Like advance parole, a refugee travel document does not guarantee admission into the United States. Rather, the asylee must still undergo inspection by an immigration inspector from CBP.

--> Lawful Permanent Residents: Lawful permanent residents who obtained such status based on their asylum status may also travel abroad with refugee travel documents.

Read more here and here.

Change in USCIS Policy Regarding Advance Parole I-131 Denials

2/19/2019

On November 16, 2018, during Ombudsman’s Office Annual Conference, USCIS Director, L. Francis Cissna confirmed that USCIS will end its practice of denying pending Advance Parole (travel document) applications when applicants travel internationally. This sudden change of policy was a result of the collaboration between USCIS and Ombudsman’s Office.

Over a year ago, suddenly, USCIS began denying applications for renewals of Advance Parole (I-131) documents, if an applicant traveled internationally while waiting for the I-131 approval. It was followed by thousands of applications being denied for abandonment, people unable to return to the U.S. after a temporary trip abroad, refiling of thousands of advance parole applications, emergency I-131 filings at local USCIS offices, and resulted in strain of the USCIS resources.

Currently, the USCIS website indicates that if an individual has an approved advance parole document while a second one is pending, they can travel on the approved document, provided the advance parole document is valid for the entire duration of the trip (will not expire until after they had returned to the U.S.). In this case, the pending I-131 application will not be considered by the USCIS as abandoned.

See more here.

How to Apply for a Fiancee K-1 Visa

12/17/2018

What is a fiancée K-1 and K-2 visa? Who can apply? What is the process, timeframes and the costs?
The fiancée K-1 nonimmigrant visa is for the foreign national fiancée of a United States citizen. Only a U.S. citizen can petition for his or her foreign fiancée. A U.S. citizen can file a fiancée visa petition only after they have met in person in the previous two years: meeting each other online or through a video chat or messenger is not enough. The purpose of a K-1 visa is for foreign citizen fiancée to travel to the United States and marry his or her U.S. citizen sponsor within 90 days of arrival.
The foreign fiancee will then apply for adjustment of status (aka “green card”) with the USCIS at the Department of Homeland Security. This is a separate legal process.
K-1 visa is a non-immigrant visa. However, because a fiancée visa is intended to help a foreign national to immigrate to the U.S. and allows him or her to apply for a green card after marriage to a U.S. citizen petitioner shortly after arrival in the United States, the fiancé(e) must meet most of the requirements of an immigrant visa.
K-2 visa is a fiancée visa for eligible children of K-1 visa applicant (unmarried children under 21).
As of 12/2018, current processing times are approx. 5 to 7 months for a I-129F Petition, plus additional 3 to 6 weeks for the NVC stage, plus additional 1-3 months for a visa application process (varies depending on a Consulate and your own readiness).

The First Step: Filing the Petition, USCIS Form I-129F
(1) The U.S. citizen fiancé, must file Form I-129F, Petition for Alien Fiancé(e), with the USCIS. Form I-129F cannot be filed at a U.S. Embassy, Consulate, or USCIS office abroad.
(2) When USCIS approves the I-129F petition, it is sent to the National Visa Center (NVC). The NVC will assign a new a case number and directly forward the approved fiancée visa petition to the U.S. Embassy or Consulate where a foreign fiancée will apply for a visa.

The Second Step: Applying for a Visa
The NVC will mail a letter with a new case number after it sends a fiancée visa case to the U.S. Embassy or Consulate. Once you receive this letter, it is time to apply for a K-1 visa and prepare for the interview.
Eligible children of K-1 visa applicants may apply for K-2 visas. Children are included into the I-129F petition. However, separate visa applications and visa fees are required for every child.

Required Documentation The foreign national fiancée and eligible children applying for K-2 visas will be required to bring the following forms and documents to the visa interview:

Completed Form DS-160, Nonimmigrant Visa Application. Each K-1 and K-2 visa applicant must: (1) complete Form DS-160 online, (2) pay a visa fee, and (3) print the DS-160 confirmation page to bring to a visa interview.
A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S.
Divorce or death certificate(s) of any and all previous spouse(s) for both you and the U.S. citizen petitioner.
Police certificates from your home country and all other countries where you have lived for six months or more since age 16 (Police certificates are also required for a foreign fiancée and all accompanying children age 16 or older)
Medical examination (for K-1 and K-2 visa applicants)
Evidence of financial support (Form I-134, Affidavit of Support, and proof of sponsor’s employment and income usually are required). There is no extra fee for the Form I-134. For a fiancée visa, the Affidavit of Support, Form I-134, is required. There is another Affidavit of Support, Form I-864, which will be required later, when you apply for a green card after marriage. The forms are different. The income requirements are also different. When submitting the Affidavit of Support, Form I-134, you need to show that your U.S. sponsor's income is 100 percent of the federal poverty guideline. When submitting the Affidavit of Support, Form I-864, the sponsor must be able to demonstrate that his or her income is at least 125 percent of the federal poverty guideline minimum income requirement. If you estimate that both K-1 visa and a green card will be applied for during the same tax year, you should plan and gather all required documentation in advance.
Evidence of relationship with your U.S. citizen fiancée, which is very important at the last stage, as well as at the first stage.

The consular officer may ask for additional information, such as photographs, chat logs, emails and other proof that the relationship with your U.S. citizen fiancé(e) is genuine and real. Documents in foreign languages, other than the language of the country in which the application takes place, should be translated. Applicants should take to the visa interview legible photocopies of civil documents and translations, such as birth and divorce certificates.

Fees

Government filing fees are subject to change (as of 12/2018, the fees are as follows):

US$535 -- Filing fee for an Alien Fiancé(e) Petition, Form I-129F
US$265 -- Nonimmigrant visa application processing fee, Form DS-160 (required for each K visa applicant)
Medical examination fee, paid directly to a designated clinic (required for each K-1 and K-2 visa applicant) – costs vary, please check with the U.S. embassy in the country where a fiancée will apply for a visa
Other costs may include translation and notarization charges, fees for getting the documents required for the visa application (such as passport, police certificates, birth certificates, etc.). Costs vary from country to country.
US$1,225 -- Filing Form I-485, Application to Register Permanent Residence or to Adjust Status. Your spouse will submit this application after marriage. There could be additional applications filed concurrently: Application for a work permit and Application for advance parole. These applications are optional, but could be advisable.
Legal fees – we charge flat fee which could vary from case to case, depending on difficulty and the number of dependents. Please contact attorney for a case evaluation, and we will gladly give you a quote.

To ensure that your application is accepted and not rejected, the most current edition of the form must be submitted, accompanied by a correct filing fee. It is recommended that you check the most current edition of every application and the most current filing fees at USCIS and Department of State websites shortly before applying.

Please note that the approved I-129F petition is valid for four (4) months from the date of approval by USCIS. However, a consular officer can extend the validity of the petition if it expires before visa processing is completed.

Certain conditions and activities can make a visa applicant ineligible for a visa. Examples of these ineligibilities include: certain criminal records; overstaying a previous visa in the U.S.; submitting fraudulent documents; previous deportation or removal order, or voluntary departure; failure to prove bona fide fiancée relationship; etc. If you are found to be ineligible for a visa, the Consular Officer will advise you whether there is waiver of the ineligibility and what the waiver process is.

After your K-1 Fiancé(e) Visa was approved, you will generally wait 5 to 7 business days to pick up your passport, a visa, and a sealed packet containing the documents you provided, plus other documents prepared by the U.S. Embassy or Consulate. It is important that you do not open the sealed packet. Only the DHS immigration official should open this packet when you enter the United States.
If you have children who received K-2 visas, you will either travel together or your children holding K-2 visas will have to follow you to the U.S.

Please note that K-1 and K-2 visas are valid for a single admission to the United States within the validity of the visa, which will be a maximum of 6 months from the date of issuance.

It is advisable not to purchase the tickets, not to sell real estate and business abroad until after a K-1 visa has been approved and issued. In order to limit the risk even more, some of other clients preferred not to sell their apartments, cars, businesses until after they became lawful permanent residents of the United States.

Please note that you must either marry your U.S. citizen fiance within 90 days of your entry into the United States, or depart the U.S. before the expiration of the 90-day period of admission. If not married within the 90-day window, or married within 90 days, but didn’t apply for a green card, if you wish to stay in the United States and apply for a green card, contact a competent immigration attorney for legal advice.

If you would like to schedule a telephone consultation or need help, please contact attorney for a case evaluation, and we will gladly give you a quote and advise you.

Please see below a few brief videos: Part 1, Part 2 and Part 3.

Information and videos in Russian can be found here.

Travel Ban or Muslim Ban Will Remain in Effect: US Supreme Court Decision

6/26/2018

On Tuesday, June 26, 2018, the U.S. Supreme Court upheld President Trump's travel ban by a 5-4 vote.
In the majority opinion, Chief Justice John Roberts wrote that the ban was "squarely within the scope of Presidential authority under the INA," referring to the Immigration and Nationality Act.
Read the court's full opinion in the case here.

Read Justice Kennedy's full concurring opinion here.

In one of two dissenting opinions, Justice Sonia Sotomayo who was joined by Justice Ruth Bader Ginsburg, said the court's decision "fails to safeguard" the "principle of religious neutrality in the First Amendment. It leaves undisturbed a policy first advertised openly and unequivocally as a 'total and complete shutdown of Muslims entering the United States' because the policy now masquerades behind a facade of national-security concerns". Read her full dissent here.

The Travel Ban remains in effect, and travel of citizens or nationals of banned countries to the USA remains either fully banned (all visas) or partially banned (only some visas are not allowed, while others are still permitted).

The full list of the banned countries and the kinds of visas banned for each country is here.

List of Countries Subject to Travel Ban Was Updated: Chad Removed

4/14/2018

Effective April 13, 2018, the list of countries subject to travel ban has been updated. Follow the link to see updated table of countries whose nationals are currently ineligible for various kinds of visas under presidential proclamation Visitors visas and Immigrants Visas, including DV Lottery visas).

On April 10, a new Presidential Proclamation was issued which amended P.P. 9645 of September 24, 2017.
The new P.P. removed the visa restrictions imposed on nationals of Chad by the previous September 2017 proclamation. This change is effective at 12:01 a.m. EST on April 13, 2018.

All other visa restrictions outlined in P.P. 9645 remain in effect. (On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia.

Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 2018.

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

See more here.

Holiday Travel Advisory

12/13/2017

Before making international travel plans, foreign nationals (with the exception of Canadians) must have a valid visa in their passports (preferably multiple-entry) to re-enter the United States. People who did not previously obtain a visa in connection with their current nonimmigrant status (had "change of status"), or whose visa has expired, will need to apply for an appropriate visa at the U.S. Consulate in their home country (and may need to submit a visa application and schedule a visa appointment before they depart the USA). The only exception is for visits to Mexico or Canada for less than 30 days under the visa revalidation rule. People traveling internationally must also have a valid and unexpired passport (or other travel document).

U.S. Consulates' visa processing procedures and times vary. Visa applicants should check the website of the Consulate where they plan to apply for their visa to obtain the most accurate information. Due to the increased security and mandatory interviews at most Consulates, visa issuance processing times are unpredictable and could be delayed.

Please visit the U.S. Department of State for information regarding current visa appointment and processing wait times for each Consulate. We recommend a minimum of three to four weeks for the visa process.
Foreign nationals in the United States, who have a pending “change of status” or "extension of status" petition (from one nonimmigrant classification to another, or extension of the status in the same visa category) must remain in the United States until adjudication on their petition is complete. Foreign nationals who travel abroad while an application for change of nonimmigrant status is pending are considered to have abandoned their change of status portion of the petition.

Similarly, a pending advance parole application could be deemed abandoned and denied under recent policy changes. Please keep this in mind because in the past the situation was very different.

Foreign national employees should inform their U.S. employers regarding their plans to travel outside of the United States, and provide their departure and return dates and the countries to which they plan to travel. If possible, employers should provide employees with an employment verification letter that confirms the employee’s continued/current employment based on an approved nonimmigrant visa petition. This letter should be provided before employees depart the United States.

It is important to remember that the I-94 record expiration date governs the foreign national employee’s period of authorized stay in the United States. If an employee’s passport expires before the end date of the work authorization, status may be limited to the expiration date of the passport. If that occurs, the employee will need to renew the passport and travel outside of the country with a valid visa (prior to the expiration date noted on the I-94 record) to obtain a new I-94 record for the full period of stay authorized by the I-797 approval notice. Upon re-entry to the U.S., employees should obtain a copy of their admission record at the U.S. Customs and Border Protection site to ensure the entry information is correct.

Finally, the U.S. Supreme Court has ruled that President's third travel ban, impacting eight countries, is to be fully enforced, effective December 8 2017, while legal challenges in lower courts are pending. While this ban exempts certain individuals, caution should be taken by nationals of the following countries before traveling: Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea and Venezuela.

Travel Ban Guidance From the Dept of State Following Dec 4 2017 US Supreme Court Ruling

12/8/2017

On December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland. The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” to nationals of six countries: Chad, Iran, Libya, Syria, Yemen, and Somalia. Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 at open of business, local time.

The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela. Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

US Dept of State: travel ban CHART.

.".. We will not cancel previously scheduled visa application appointments. In accordance with the Presidential Proclamation, for nationals of the eight designated countries, a consular officer will make a determination whether an applicant otherwise eligible for a visa is exempt from the Proclamation or, if not, may be eligible for a waiver under the Proclamation and therefore issued a visa.

No visas will be revoked pursuant to the Proclamation. Individuals subject to the Proclamation who possess a valid visa or valid travel document generally will be permitted to travel to the United States, irrespective of when the visa was issued".

Questions and Answers:

Q: I am currently working on my case with NVC. Can I continue?Yes. You should continue to pay fees, complete your Form DS-260 immigrant visa applications, and submit your financial and civil supporting documents to NVC. NVC will continue reviewing cases and scheduling visa interviews overseas. During the interview, a consular officer will carefully review the case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or may qualify for a waiver.

Q: What immigrant visa classes are subject to the Proclamation?
All immigrant visa classifications for nationals of Chad, Iran, Libya, North Korea, Syria, Yemen, and Somalia are subject to the Proclamation and restricted. All immigrant visa classifications for nationals of Venezuela are unrestricted. An individual who wishes to apply for an immigrant visa should apply for a visa and disclose during the visa interview any information that might demonstrate that he or she is eligible for an exception or waiver per the Proclamation. A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation and, if so, whether the case qualifies for an exception or a waiver.

Q: Are there special rules for permanent residents of Canada?
Waivers may not be granted categorically to any group of nationals of the eight countries who are subject to visa restrictions pursuant to the Proclamation, but waivers may be appropriate in individual circumstances, on a case-by-case basis. The Proclamation lists several circumstances in which case-by-case waivers may be appropriate. That list includes foreign nationals who are Canadian permanent residents who apply for visas at a U.S. consular section in Canada. Canadian permanent residents should bring proof of their status to a consular officer.
A consular officer will carefully review each case to determine whether the applicant is affected by the Proclamation during each phase of the implementation and, if so, whether the applicant qualifies for an exception or a waiver.

Q: I received my Diversity Visa (visa through the annual Green Card Lottery) but I haven’t yet entered the United States. Can I still travel there using my Diversity Visa?
The Proclamation provides specifically that no visas issued before the effective date of the Proclamation will be revoked pursuant to the Proclamation, and it does not apply to nationals of affected countries who have valid visas on the date it becomes effective.

Q: I recently had my Diversity Visa interview at a U.S. embassy or consulate overseas, but my case is still being considered. What will happen now?
If your visa application was refused under Section 221(g) pending updated supporting documents or administrative processing, please provide the requested information. The U.S. embassy or consulate where you were interviewed will contact you with more information.

Q: Will my case move to the back of the line for an appointment?
No. KCC schedules appointments by Lottery Rank Number. When KCC is able to schedule your visa interview, you will receive an appointment before cases with higher Lottery Rank Numbers.

Q: I am currently working on my case with KCC. Can I continue?
Yes. You should continue to complete your Form DS-260 immigrant visa application. KCC will continue reviewing cases and can qualify your case for an appointment. You will be notified about the scheduling of a visa interview.

Q: What if my spouse or child is a national of one of the countries listed, but I am not?
KCC will continue to schedule new DV interview appointments for nationals of the affected countries. A national of any of those countries applying as a principal or derivative DV applicant should disclose during the visa interview any information that might qualify the individual for a waiver/exception. Note that DV 2018 visas, including derivative visas, can only be issued during the program year, which ends September 30, 2018, and only if visa numbers remain available. There is no guarantee a visa will be available in the future for your derivative spouse or child.

Q: What if I am a dual national or permanent resident of Canada?
This Proclamation does not restrict the travel of dual nationals, so long as they are traveling on the passport of a non-designated country. You may apply for a DV using the passport of a non-designated country even if you selected the nationality of a designated country when you entered the lottery. Also, permanent residents of Canada applying for DVs in Montreal may be eligible for a waiver per the Proclamation, but will be considered on a case-by-case basis. If you believe one of these exceptions, or a waiver included in the Proclamation, applies to you and your otherwise current DV case has not been scheduled for interview, contact the U.S. embassy or consulate where your interview will take place/KCC at [email protected].

Travel Ban or Muslim Ban 3 Goes Into Effect While Appeals Are Pending

12/5/2017

On Monday, December 4, 2017, the U.S. Supreme Court issued two orders staying lower courts’ (Maryland & Hawaii) preliminary injunctions of President's September 24, 2017 presidential proclamation or 3rd travel ban.

Accordingly, President's most recent travel ban, so-called Muslim Ban 3, will go into effect while the appeals are pending. The U.S. Supreme Court encouraged the appeals courts to quickly decide whether the most recent travel ban was lawful.

The September 24, 2017, Presidential Proclamation on Enhancing Vetting Capabilities & Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats indefinitely blocks the entry for certain individuals from eight countries: Iran, Iraq, Libya, Chad, North Korea, Syria, Somalia, Venezuela and Yemen.

Travel Restriction for Nationals of Eight Countries – Chad, Iran, Libya, North Korea, Somalia, Venezuela, Syria, and Yemen

General Rules:

Only applies to individuals who are (i) outside of the U.S. on the day the travel ban goes into effect, and (ii) who do not have a valid visa on the day travel ban goes into effect, and (iii) who have not obtained a waiver under Section 3(c) of the Proclamation
Does not apply to:
- Lawful permanent residents (green card holders);
- Individuals admitted or paroled into the U.S. on or after the effective date;
- Those with a document other than a visa that allows them to travel to the U.S., if the document is dated on or after the effective date;
- Dual-nationals traveling on a passport from a non-designated country;
- Individuals granted asylum;
- Refugees already admitted to the U.S.; or
- Individuals granted withholding of removal, advance parole, or protection under the Convention against Torture

Previously-Impacted Countries – Restrictions Effective Immediately:

Iran
- Effective immediately, immigrant and nonimmigrant entry are suspended for Iranian nationals except for those with F, J, or M visas.
- Those with F, J, or M visas will most likely be subject to “enhanced screening and vetting requirements.”
Libya
- Effective immediately, immigrants and nonimmigrants on business (B-1), tourist (B-2), business/tourist (B-1/B-2) visas are suspended except those with a bona fide relationship to the U.S.
Somalia
- Effective immediately, immigrant visas are suspended for Somali nationals
- Non-immigrant visas are permitted, subjected to heightened screening.
- The bona fide relationship exemption ends October 18, 2017.
Syria
- Effective immediately, immigrant and nonimmigrant entry is suspended for Syrian nationals
Sudan
- Sudan was removed from the list of restricted countries in MB-4.
- Sudanese visa holders who were impacted by earlier Muslim Bans should now be able to reapply for visa.
Yemen
- Effective immediately, all immigrant visas and nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended,

Newly Impacted Countries (Added):

Chad
- All immigrant visas and with nonimmigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas are suspended from entering the U.S.
North Korea
- All immigrant and nonimmigrant visa holders are suspended from entering the U.S.
Venezuela
- The entry of officials of government agencies of Venezuela involved in screening and vetting procedures and their immediate family members, as nonimmigrants on business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas, is suspended. Additionally, nationals of Venezuela who are visa holders are subject to additional measures.
- Per Section 3(b)(v) of MB-4, certain Venezuelans traveling on diplomatic visas are not affected by this order.

Waivers:

If you are from one of the countries covered by the travel ban and do not yet have a valid U.S. visa, you cannot obtain a visa at this time unless you qualify for a waiver. Consular officers may, on a case-by-case and discretionary basis, grant a waiver to affected individuals for certain reasons. To obtain a waiver and a visa, the person seeking admission must prove:

denying entry to the U.S. would cause the foreign national undue hardship;
admission would not pose a threat to the national security or public safety of the United States;
entry would be in the U.S. national interest.

Travel Risks for People from Affected Countries with Valid Visas:

If you are from one of the impacted countries and hold a valid visa, you may be able to apply for admission to the United States. The newest travel ban states that no visas will be automatically revoked and that those with a valid visa are not covered by the travel ban. However, travel outside the United States at this time carries risk.

Ninth Circuit Court of Appeals Partially Approves Travel Ban 3.0, Bona Fide Relationship Test

11/16/2017

The Ninth Circuit Court of Appeals has ruled to partially uphold President's third attempt on a travel ban, so called Muslim Ban or Travel Ban 3.0.

Ruling on the injunction issued by the District Court in Hawaii that temporarily blocked the enforcement of the new ban, the Ninth Circuit held that the travel ban could go into effect, except with regard to people with a “bona fide relationship” with close family or with an entity in the U.S., such as an employer or a university. This standard was borrowed from the Supreme Court’s June 2017 decision on a previous travel ban.

Individuals from six countries (Chad, Iran, Libya, Somalia, Syria, and Yemen) may be banned from entry, unless they have a bona fide relationship with a U.S. family member or entity.

The Ninth Circuit decided that in addition to parents, spouses, and children living in the U.S., bona fide relationships could extend to grandparents, grandchildren, cousins, aunts, uncles, and brothers- or sisters-in-law. Entity relationships must be “formal, documented, and formed in the ordinary course,” including universities, businesses, and other institutions.

The travel bans on North Korea and Venezuela were not included in the original suit brought before the Hawaii District Court. Travel of immigrants or nonimmigrants from North Korea and Venezuela remains suspended (all travel for North Korea and entry in tourist or business visitor status remains suspended for officials of certain Venezuelan government agencies and their immediate family members).

The court ruling is here.

Decline of International Foreign F1 Students Enrollment in US Universities: 7 Percent in 2017

11/13/2017

The 2016-2017 report revealed that first-time international students dropped 3 percent, indicating that the decline had begun before current president took office. The number of newly arriving international students declined an average 7 percent in fall 2017, with 45 percent of campuses reporting drops in new international enrollment, according to a survey of nearly 500 campuses across the country by the Institute of International Education.

The decline is much more serious in some Midwestern colleges and universities. At the University of Iowa, overall international enrollment this fall (2017) was 3,564, down from 4,100 in fall of 2015. Iowa primarily lost Chinese students.

The University of Central Missouri experienced a sharp decline this year in students from India. In the fall of 2016, the Warrensburg, Missouri, university had 2,638 international students. This fall (2017) it has only 944 international student. It's a big financial impact on the university.It’s a mix of factors. Concerns around the travel ban had a lot to do with concerns around personal safety based on a few incidents involving international students, raise in hate crimes, crimes against foreigners, and a generalized concern about whether they’re safe. Another reason for the decline is increasing competition from colleges and universities in other English-speaking countries, such as Canada, Britain and Australia. Read more here.

On a separate note, it became increasingly difficult to get approval of the Change of Status from B2 visitor to F1 foreign student through USCIS (for those prospective student who arrived in the United States as visitors or tourists). Processing times increased by many months, which results in students being too late to start the semester, losing their status and wasting time and money.

Since September 1, 2017, a new 90-day rule took effect (90 days fraud or misrepresentation rule), which also affected those applying for a change of status: with long waiting time, students are expected to wait at least 90 days before they file an application for a change of status. (We posted about 90-day rule here and here ).

In summer 2017, DHS announced their intention to change the rules to require foreign students to re-register with USCIS every year, which will make study in the USA more expensive, cumbersome, and unnecessarily complicated.

As a result, the best option for many students is to apply for a F-1 student visa abroad at the U.S. embassy or consulate in their home country. There is always a risk of denial and no visa can be guaranteed, however, at present time (2017-2018), a bona fide student with sufficient funds and ties to his home country stands a better chance of approval through consular processing rather than applying for a change of status through USCIS Department of Homeland Security.

Federal Judge Blocks Muslim Ban 3.0, Except North Korea and Venezuela

10/17/2017

Federal Judge's order put a temporary injunction on a so called Muslim Ban 3.0 #MuslimBan3 (Travel Ban) with respect to all the countries except North Korea and Venezuela.

It means that citizens of Syria, Libya, Iran, Yemen, Chad, Somalia are no longer subject to the ban (at least while the judge's order is valid and wasn't overruled).

Only citizens of North Korea and Venezuela remain subject to this renewed travel ban signed by the president in September.

The decision from U.S. District Judge Derrick K. Watson in Hawaii will be appealed by the government, but for now, it means that the White House administration cannot ban the entry of travelers from six of the eight banned countries. This is good news for more than 150 million people, nationals of the six countries.

#ExecutiveOrder #MuslimBan #TravelBan

Read more here.

Travel Ban 3.0 or Muslim Ban Revised: Presidential Proclamation September 24 2017

9/28/2017

On September 24, 2017, the White House issued a Presidential Proclamation which replaced expiring portions of the President's March 6, 2017 Executive Order, Travel Ban 2.0, and expanded the list of the banned countries to eight.

The following eight countries are now subject to travel restrictions (travel ban): Chad, Iran, Libya, North Korea, Syria, Venezuela, Yemen, Somalia.

There was no clear explanation why the U.S. ally in Africa, Chad, was added to the list of the banned countries.

Iraq and Sudan were removed from the travel ban list, but the Proclamation Travel Ban recommends “additional scrutiny” for nationals of Iraq and Sudan.

This travel ban applies differently to citizens of different banned countries:

** Citizens of North Korea are barred from all types of immigrant and nonimmigrant entry into the United States;

** Citizens of Chad are only barred from entering on immigrant visas and on non-immigrant business (B-1), tourist (B-2), and business/tourist (B-1/B-2) visas; and

** Citizens of Iran are barred in all immigrant and nonimmigrant categories except for student (F and M) and exchange visitor (J) visas. Therefore, it is expected that visa issuance and entry in categories not subject to the ban will continue uninterrupted.

The Proclamation Travel Ban goes into effect on different dates for different countries.

For foreign nationals already subject to the Travel Ban 2.0 and who do not have a bona fide relationship with a person or entity in the US, the restrictions in the Proclamation Travel Ban went into effect immediately on September 24, 2017. For all nationals of the recently added countries, travel ban will apply on October 18, 2017.

Effective October 18, 2017, the proclamation appears to get rid of the “bona fide relationship” protection implemented by the Supreme Court under its temporary ruling on the EO Travel Ban 2.0, which exempted travelers with certain qualifying family and employment relationships in the US. Most likely, this issue will be litigated again.

Contrary to the Travel Ban 2.0, the new Proclamation Travel Ban has no expiration date. Government agencies will be presenting reports every 180 days, and the Travel Ban 3.0 can be revised based on the reports and recommendations.

Additional countries may be added in the future.

Countries may be removed if they are recommended for removal by the DHS, in consultation with US Department of State and other relevant US agencies.

The new Proclamation Travel Ban 3.0 does not apply to certain categories of travelers:

Lawful permanent residents..
Travelers who already hold a valid US visa.
Dual citizens of the designated (banned) countries who are traveling on the passport of a non-designated country.
People already granted asylum in the US or admitted to the US in refugee status, and those already granted withholding of removal, advance parole, or protection under the Convention Against Torture.
People traveling with a document other than a visa valid on the effective date (for example, an advance parole document) that permits them to travel to the USA .
Holders of diplomatic visas, NATA visas, UN C-2 visas, G-1, G-2, G-3, and G-4 visas;

A case-by-case waiver may be issued by consular and border officers when determined to be appropriate. The waiver grant guidance is expected to be released soon by the US Department of State. The waiver guidance will consider the US national interest and potential security risks for each individual, among other categories.

Full test of the Presidential Proclamation is here.

What do you need to know if DACA program ends?

8/29/2017

What do you need to know if DACA deferred action program ends? Will you be able to continue to use your EAD, work permit, SSN, driver's license, return to the U.S. from abroad on an advance parole/travel document?

ILRC had published a brief Advisory in English here.

In Russian:

Что произойдет, когда программа ДАКА будет закрыта? Сможете ли вы по прежнему пользоваться своим разрешением на работу, карточкой соц страхования, водительскими правами? Сможете ли вы вернуться в США по документу адванс пароль? Краткое описание на английском тут.

New USCIS Advance Parole Travel Document Policy

8/25/2017

Warning for travelers on advance parole with I-485 pending: in an abrupt divergence from previous practice, the USCIS has begun denying I-131 Applications for Advance Parole if the Applicant had departed the U.S. while the application was pending.

When denying I-131 advance parole applications, USCIS is citing the I-131 *Form instructions*, "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned" .

Please don't depart the U.S. until after your advance parole or travel document was approved!

Предупреждение для тех, кто планирует путешествовать за пределы США по документу advance parole, пока ваше заявление на грин карту находится на рассмотрении (I-485 pending). USCIS изменило многолетнюю практику, когда требовалось только физическое присутствие заявителя в США во время подачи заявления.

Теперь требуется нахождение заявителя в США на протяжении всего времени, пока заявление находится на рассмотрении (3-4 месяца). В случае выезда за пределы США до утверждения advance parole, заявление будет отклонено, и заявление на грин карту также может пострадать (может быть закрыто).

#advanceparole #traveldocument #I131 #I485

DV Visa or Green Card Lottery Applicants from 6 Countries Affected by Travel Ban

6/29/2017

On June 29, 2017, the U.S. Department of State sent out a cable, explaining how the US consulates will continue issuing (or denying) various visas to applicants from 6 predominantly Muslim countries, affected by the Executive Order's Travel Ban (Libya, Syria, Iran, Somalia, Yemen and Sudan).

People who were selected as winners in the 2017 DV Lottery or Green Card Lottery appear to be in the worst situation. Only some of them will be issued immigrant DV visas, if they can prove required "bona fide relationship" or qualify for en exemption or a waiver. The 2017 DV Lottery period will end on September 30, 2017, and the travel ban effective period of 90 days will end on or around September 29, 2017.

It's anticipated even by the US Department of State officials that the majority of the otherwise eligible applicants who paid the visa fee, attended their visa interviews will be denied a visa under 221(g) in accordance with the president's executive order and its most recent interpretation by the U.S. Supreme Court and U.S. Department of State.

The US DoS says in the cable: "Based on the Department’s experience with the DV program , we anticipate that very few DV applicants are likely to be exempt from the E.O.’s suspension of
entry or to qualify for a waiver."

The full text of the U.S. Dept of State cable is here.

(SBU) Diversity Visas.

8. (SBU) For Diversity Visa (DV) applicants already scheduled for
interviews falling after the E.O. implementation date of 8:00 p.m. EDTJune
29, 2017, post should interview the applicants. Posts
should interview applicants following these procedures:

a.) Officers should first determine whether the applicant is eligible for the
DV, without regard to the E.O. If the applicant is not eligible, the
application should be refused according to standard procedures.

b.) If an applicant is found otherwise eligible, the consular officer will need
to determine during the interview whether the applicant is exempt from the
E.O.’s suspension of entry provision (see paragraphs 10-13), and if not,
whether the applicant qualifies for a waiver (paragraphs 14 and 15).

c.) DV applicants who are not exempt from the E.O.’s suspension of entry
provision and who do not qualify for a waiver should be refused 221(g) and the
consular officer should request an advisory opinion from VO/L/A following
current guidance in 9 FAM 304.3-1.

Based on the Department’s experience with the DV program, we anticipate that
very few DV applicants are likely to be exempt from the E.O.’s suspension of
entry or to qualify for a waiver. CA will notify DV applicants from the
affected nationalities with scheduled interviews of the additional criteria to
allow the potential applicants to determine whether they wish to pursue their
application.

9. (SBU) The Kentucky Consular Center (KCC) will continue to schedule
additional DV-2017 appointments for cases in which the principal applicant is
from one of these six nationalities. While the Department is mindful of
the requirement to issue Diversity Visas prior to the end of the Fiscal
Year on September 30, direction and
guidance to resume normal processing of visas following the 90-day suspension
will be sent septel.

Executive order's suspension (or travel ban) to be enforced only against foreign
nationals who lack a “bona fide relationship with a person or entity in the
United States.”

What does it take, for example, to establish that a DV visa applicant has required "bona fide relationsip" with a family member in the United States?

"11. (SBU) “Close family” is defined as a parent (including
parent-in-law), spouse, child, adult son or daughter, son-in-law,
daughter-in-law, sibling, whether whole or half. This includes step
relationships. “Close family” does not include grandparents,
grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and
sisters-in-law, fiancés, and any other “extended” family members."

See more here.

US Supreme Court partially reinstates Travel Ban or Muslim Ban Executive Order No. 2, effective June 29 2017

6/26/2017

On June 26, 2017, the U.S. Supreme Court partially reinstated Trump’s travel ban 2nd executive order 13780, Protecting the Nation From Foreign Terrorist Entry Into the United States, and agreed to hear the arguments in the fall 2017.

In the meantime, the 90-day ban #TravelBan #MuslimBan and 120-day ban on refugee admission will become effective in 72 hours, on June 29, 2017, and will apply to people entering the U.S. from six predominantly Muslim countries. The partially reinstated executive order will ban the entry of nationals of Iran, Libya, Somalia, Sudan, Syria, and Yemen to the United States for 90 days, and suspends the admission of all refugees for 120 days.

The ban will not apply to people who have a "credible claim of a bona fide relationship with a person or entity in the United States." That includes people visiting a close family member, students who have been admitted to a university or workers who have accepted an employment offer.

What this means is that individuals from the six countries will be permitted to enter the United States if they have a “close familial relationship” with someone already here or if they have a “formal, documented” relationship with an American entity formed “in the ordinary course” of business. However, the Court said that such relationships cannot be established for the purpose of avoiding the travel ban. The government will likely begin applying the travel ban in the limited fashion permitted by the Supreme Court on June 29, 2017.

Who is likely (probably) to be allowed to enter the United States:

Individuals who have valid immigrant or non-immigrant visas issued on or before June 26, 2017: These individuals are not included in the travel ban.
Individuals with visas coming to live or visit with family members: The Court’s order is clear that individuals who “wish to enter the United States to live with or visit a family member” have close familial relationships. The Court used both a spouse and a mother-in-law as examples of qualifying relationships, but it is unclear whether more distant relatives would qualify.
Students who have been admitted to a U.S. university, workers who have accepted offers of employment with U.S. companies, and lecturers invited to address an American audience: The Court provided these three examples of individuals who have credible claims of a bona fide relationship to an American entity.
Other types of business travelers: It is unclear whether individuals with employment-based visas that do not require a petitioning employer will be able to demonstrate the requisite relationship with a U.S. entity.
Refugees: Most refugees processed overseas have family or other connections to the United States including with refugee resettlement agencies. The Court ruled that such individuals may not be excluded even if the 50,000 cap on refugees has been reached or exceeded.

Who may have trouble entering the United States:

Individuals who form bona fide relationships with individuals or entities in the United States after June 26, 2017: The Court’s decision is not clear. The court's decision could result in numerous lawsuits, disputing the decision that they lack "connection" required.
Tourists: Nationals of the designated countries who are not planning to visit family members in the United States and who are coming for other reasons (including sight-seeing) may be barred from entering.

The real problems will emerge when the government (CBP, TSA, DHS, Dept of State) will start implementing the executive order, and deciding who has sufficient ties or who doesn't, and who should be admitted or who should be banned/visa revoked/placed on a return flight.

Three justices published a separate opinion, where Justice Thomas noted: "I fear that the Court’s remedy will prove unworkable. Today’s compromise will burden executive officials with the task of deciding—on peril of contempt— whether individuals from the six affected nations who wish to enter the United States have a sufficient connection to a person or entity in this country. See ante, at 11– 12. The compromise also will invite a flood of litigation until this case is finally resolved on the merits, as parties and courts struggle to determine what exactly constitutes a “bona fide relationship,” who precisely has a “credible claim” to that relationship, and whether the claimed relationship was formed “simply to avoid §2(c)” of Executive Order No. 13780, ante, at 11, 12. "

#TravelBan #MuslimBan #ExecutiveOrder

Read the decision here.

UPDATE June 29, 2017:

The Executive Orders Travel Ban 90-day suspension of entry will be implemented
worldwide at 8:00 p.m. Eastern Daylight Time (EDT) on June 29, 2017.

The U.S. Department of State had clarified in the cable who is considered to have a "credible claim of a bona fide relationship with a person or entity in the United States."

According to the State Department, this “bona fide relationship” rule encompasses parents, parents-in-law, spouses, children, adult children, sons- and daughters-in law, and siblings (whole or half). This includes also step-parents and step-children.

According to the US DoS 06-29-2017 cable, there is no sufficient "bona fide relationship" and a visa will not be issued to the foreign nationals who are "grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-in-laws and sisters-in-law, fiancés and any other ‘extended’ family members.”
The Supreme Court clarified that “a foreign national who wishes to enter the United States to live with or visit … [his] mother-in-law … clearly has such a relationship.” (Emphasis added.) Under the Trump administration’s guidelines, a foreign national must be exempted from the ban if she wishes to visit her half-sister or mother-in-law, but is banned if she wants to see a grandmother or aunt who raised her.

The text of the cable, dated June 28, 2017 at 7:57:39 PM EDT, Subject: (SBU) IMPLEMENTING EXECUTIVE ORDER 13780 FOLLOWING SUPREME COURT RULING -- GUIDANCE TO VISA-ADJUDICATING POSTS From: SECSTATE WASHDC Action: ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE IMMEDIATE is here.

UPDATE 09:00 PM CST June 29, 2017:

The U.S. Department of state had updated its morning cable and included fiancees into the list of "close family" required to establish "bona fide relationship" for a visa to USA from one of six affected countries.

"Close family” is defined as a parent (including parent-in-law), spouse, fiancee, child, adult son or daughter, son-in-law, daughter-in-law, sibling, whether whole or half. This includes step relationships.

Close family” does not include grandparents, grandchildren, aunts, uncles, nieces, nephews, cousins, brothers-laws and sisters-in-law, and any other “extended” family members."

The US DoS also clarified the "fate" of Canadian permanent residents who hold passports from one of the six affected countries.

Good news for the Canadian residents:
"Are there special rules for permanent residents of Canada?
Permanent residents of Canada who hold passports of a restricted country can apply for an immigrant or nonimmigrant visa to the United States if the individual presents that passport, and proof of permanent resident status, to a consular officer. These applications must be made at a U.S. consular section in Canada. A consular officer will carefully review each case to determine whether the applicant is affected by the E.O. and, if so, whether the case qualifies for a waiver." See here.

DHS Laptop Ban: Electronic Devices Other Than Cell Phones Are Not Allowed on Flights from 10 Airports in 8 Muslim Countries

3/22/2017

On Tuesday, March 21, 2017, the DHS announced new restrictions or ban for personal electronics on direct flights to the U.S. from 10 airports in 8 countries in the Middle East and North Africa.

Electronic devices larger than a cellphone will not be allowed in the cabin, though they will be allowed in checked baggage.

Size of the cell phone is not defined. The UK introduced similar ban, and they defined the dimensions of the cell phone allowed on the flight as no bigger than 16 cm x 9.3 cm x 1.5 cm [6.3 inches x 3.7 inches x 0.6 inches].

Who is impacted: For flights to the US, the electronic restriction applies only to direct flights on foreign carriers. The affected airlines are only foreign airlines flying from ten (10) airports in eight (8) Muslim countries. It is estimated 50 flights each day into the United States would be affected.

Who is NOT impacted: American-operated airlines from the affected airports, as well as aircraft crews are not impacted.

The list of affected countries and airports (There are 10 specific airports located in 8 countries):

Saudi Arabia (Jidda and Riyadh)
Qatar (Doha)
Kuwait (Kuwait City)
United Arab Emirates (Dubai and Abu Dhabi)
Turkey (Istanbul)
Jordan (Amman)
Egypt (Cairo)
Morocco.(Casablanca)

Neither of these countries is on the President's #MuslimBan list or #TravelBan or so called #LIstofSeven or #ListofSix, two recent executive orders.

At the same time, the British ban affects both domestic and foreign airlines, including British Airways, Turkish Airlines, Egypt Air, Royal Jordanian, and others. The British ban affects direct flights to the United Kingdom from Turkey, Lebanon, Jordan, Egypt, Tunisia, and Saudi Arabia.

The travel restriction is not based on any credible, specific threat of an imminent attack. Experts are divided over the need and effectiveness of the new travel restriction. It's not clear why only foreign airlines are affected, but not the US airlines.

Read more here.

March 06 2017 Executive Order on Immigration: Travel Ban 2.0

3/6/2017

On March 06, 2017, President signed a new Executive Order replacing the previous EO.

On Monday, March 06, 2017, the President signed a new "Executive Order Protecting The Nation From Foreign Terrorist Entry Into The United States" (to replace the previous EO, so called "Travel Ban" or "Muslim Ban" which was placed on hold by the courts).

New executive order narrowed a scope of the travel ban to block only new applicants for visas from 6 countries (LIst of Six instead of List of Seven), and removed Iraq from its coverage.

The new order, which goes into effect one minute after midnight on March 16, 2017, prohibits entry into the United States for citizens of six countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen—for 90 days for those who do not already hold a valid visa. Iraq was removed from the "List of Seven".

New visas will not be issued and expired visas will not be renewed for citizens from the six countries during the 90-day period.

DHS had clarified the new ban: "If you're in the United States on the effective date of this order, which is March 16 2017, it does not apply to you. If you have a valid visa on the effective date of this order, it does not apply to you."

Like its predecessor, the new order shuts down the U.S. Refugee Admissions Program for 120 days, effectively halting the admission of new refugees into the United States for four months. But March 6th order no longer includes the January 27 2017 order’s permanent ban on Syrian refugee admissions. Syrian refugees resettlement is temporarily halted for 120 days (not permanently as it was in the previous EO).

The new executive order will not apply to anyone who already holds a green card or a valid U.S. visa or has been granted official refugee or asylum status.

The new executive order restores visas that were revoked “as a result of” the previous order.

Sec.12 (d): "Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry. Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility."

And it removes Iraq from the list of targeted countries, creating a "List of Six" from the previous "List of Seven".

Moreover, the new order expands the government’s ability to issue “case-by-case waivers” to immigrants affected by the ban. The old ban allowed these waivers only when they were “in the national interest”. Under the new order, Customs and Border Protection agents, as well as consular officers, may grant a waiver to immigrants from the six targeted countries if they fall under a number of categories.

Those waiver categories include:

- foreign students stranded outside the United States on the day the order is signed;
- immigrants with “previously established significant contacts” with the U.S. who are outside the country when the order is signed;
- foreign nationals with “significant business or professional obligations” in the U.S.;
- foreign nationals “seeking to enter the United States to visit or reside with a close family member … who is a United States citizen, lawful permanent resident, or alien lawfully admitted on a valid nonimmigrant visa”;
- children and those in need of “urgent medical care", or “someone whose entry is otherwise justified by the special circumstances of the case”; and
- immigrants who have previously served on behalf of the U.S. government (if they can prove their service).

The updated and revised executive order on immigration took into consideration many legal objections to its predecessor, and the court of appeals decision. However, the second revised EO is not immune to litigation. We will keep you posted.

#EO #executiveorder #travelban #muslimban

Department of State Answers Questions on Visa Revocations Following January 27th Travel Ban Executive Order

3/6/2017

The answers below were provided to AILA on February 27, 2017 by the U.S. Department of State, in response to issues raised by the president's January 27th executive order, so called "Travel Ban", which resulted in numerous visa cancellations and revocations.

The first January 27th executive order was replaced by March 06th executive order. Some answers provided by the U.S. Department of State still stand because they addressed several important issues which arose during the previous executive order's travel ban enforcement. Some answers would have to be adjusted because of a new March 6th executive order.

To clarify visa revocation and cancellation matters, the DoS provided the following answers:

Q1: What happened to the passports of applicants who had been cleared for visa issuance and were awaiting the return of their passports at the time the January 27, 2017, Presidential Executive Order (EO) was signed? If passports were returned to the applicants without the visa, what is the process for reinstating the application and receiving the visa at this time?

Answer: If visa issuance had been authorized, but the passport and visa remained in the consular section, we would have expected the consular section to spoil the visa, deny the application, and call the applicant in to pick up the passport with any issued visa having been revoked. Visa denials under the Executive Order were final, but the applicant may reapply without prejudice.

Q2: Do nonimmigrant visa applicants whose visa interviews were scheduled and then cancelled when the EO was signed need to reschedule their interviews, or are posts taking steps to reschedule them affirmatively? If visa applicants must take affirmative steps to reschedule their interviews, what is the process? What is the process for immigrant visa applicants?

Answer: We instructed our embassies and consulates to resume regular processing of visas for nationals of the seven countries subject to Executive Order 13769. Nonimmigrant visa applicants should contact their nearest U.S. Embassy or Consulate for information about scheduling an interview. The National Visa Center cancelled all scheduled immigrant visa interviews for these applicants scheduled in February 2017. The National Visa Center or U.S. Embassy will contact those affected to reschedule interview appointments.

Q3: In lieu of issuing a new nonimmigrant visa, can posts assist individuals whose nonimmigrant visa was physically cancelled (as opposed to provisionally revoked) in obtaining a boarding or transportation letter to facilitate embarkation to travel to the U.S.? Are boarding letters available for individuals with physically cancelled immigrant visas?

Answer: Visa cancellation by CBP constitutes visa revocation precluding travel. In certain situations, consular sections have issued boarding letters at CBP’s request. Other affected visa holders should apply for a new nonimmigrant visa, or contact the U.S. Embassy or Consulate where they received an immigrant visa for further instruction.

Q4: For dual nationals, please confirm that only nonimmigrant visas issued in a passport of a restricted country were provisionally revoked, and that nonimmigrant visas issued in a passport of an unrestricted country continued to remain valid.

Answer: Given that the provisional revocation was reversed on February 3, 2017, any visas that were not canceled or revoked on other grounds were reinstated. If you have concerns about a particular case, please explain the circumstances and current status of the visa holder.

Q5: Were the nonimmigrant visas of citizens or nationals of the seven restricted countries who were present in the U.S. when the EO took effect provisionally revoked? If so, please confirm whether they have been reinstated.

Answer: When the provisional revocation was reversed on February 3, 2017, any visas that were not canceled or revoked on other grounds were reinstated.

Q6: Are individuals whose visas were provisionally revoked and then reinstated as a result of the TRO required to indicate on future applications that they have had a visa revoked?

Answer: Holders are not required to indicate on future applications that they have had a visa revoked.

Q7: Has DOS taken any additional steps has to notify individuals that their visas have been revoked other than the general notice on state.gov? Have these individuals been notified that their visas have been reinstated? If no notices have been provided, what steps can an individual take to proactively determine if his or her visa has been provisionally revoked and/or reinstated?

Answer: When the provisional revocation was reversed on February 3, 2017, any visas that were not canceled or revoked on other grounds were reinstated. Individuals with any questions should contact their nearest U.S. Embassy or Consulate.

Q8: Did the EO have any effect on the processing of J-1 waiver applications for applicants from the restricted countries?

Answer: The Waiver Review Division in the Visa Office generally continued processing of J-1 waiver applications while the EO was in effect.

******************************************************

P.S. On March 06, 2017, President signed a new Executive Order replacing the previous EO.

On Monday, March 06, 2017, the President signed a new Executive Order on Immigration (to replace the previous EO, so called "Travel Ban" or "Muslim Ban" which was placed on hold by the courts).

New executive order narrowed a scope of the travel ban to block only new applicants for visas from 6 countries (LIst of Six instead of List of Seven), and removed Iraq from its coverage.

The new order, which goes into effect on March 16, 2017, and bans entry into the United States for 90 days for citizens of six countries—Iran, Libya, Somalia, Sudan, Syria, and Yemen-- for those people who do not already hold a valid visa.

Visas revoked under the first executive order have been declared "restored".

Sec.12 (d): "Any individual whose visa was marked revoked or marked canceled as a result of Executive Order 13769 shall be entitled to a travel document confirming that the individual is permitted to travel to the United States and seek entry. Any prior cancellation or revocation of a visa that was solely pursuant to Executive Order 13769 shall not be the basis of inadmissibility for any future determination about entry or admissibility."

Read more at our blog here.

#EO #executiveorder #travelban #muslimban

U.S. Department of State

USCIS, CBP, DOS clarified the Executive Order Muslim Ban

2/3/2017

UPDATE Following the court order, on Saturday, February 4, 2017, the DHS released the following statement:

"From the Department of Homeland Security (DHS):In accordance with the judge's ruling, DHS has suspended any and all actions implementing the affected sections of the Executive Order entitled, "Protecting the Nation from Foreign Terrorist Entry into the United States."
This includes actions to suspend passenger system rules that flag travelers for operational action subject to the Executive Order.
DHS personnel will resume inspection of travelers in accordance with standard policy and procedure.
At the earliest possible time, the Department of Justice intends to file an emergency stay of this order and defend the President's Executive Order, which is lawful and appropriate. The Order is intended to protect the homeland and the American people, and the President has no higher duty and responsibility than to do so.
For the latest information, please visit the DHS website: https://www.dhs.gov/news"

02/01/2017 UPDATE on so called Muslim ban executive order (List of 7 restricted countries: Iran, Iraq, Sudan, Syria, Somalia, Yemen & Libya):

USCIS

On February 2, 2017, the Acting Director of the USCIS confirmed that "...the Executive Order does not affect USCIS adjudication of applications and petitions filed for or on behalf of individuals in the United States, regardless of their country of nationality."

***The previous contrary statements issued by the USCIS and DHS officials are no longer valid.***

This means that we can expect that all applications filed with USCIS in the United States by (the 7 countries) will be adjudicated.

In Russian:

2 февраля 2017 USCIS Директор официально уведомил публику о том, что указ президента о лицах из семи мусульманских стран НЕ распространяется на заявления и петиции, поданные в пределах США в иммиграционную службу USCIS, даже если поданы заявителями из этих 7 стран. Это хорошие новости. Так как даже Asylum офис прекратил рассматривать эти заявления, но они начнут рассматривать заявления как и ранее после такого официального заявления.

P.S. ситуация меняется каждый день. Следует следить за официальными сообщениями.

--------------------------------------------

CBP

On February 1, 2017, the U.S. Customs & Border Protection (CBP) held a meeting with immigration attorneys in San Francisco, CA:

As reported by San Francisco immigration attorneys in attendance, the CBP provided the following explanations regarding executive order ban:

1) All U.S. Legal Permanent Residents will be let into the U.S. without waivers, as of yesterday (Wed., Feb. 1st) afternoon. This includes U.S. Legal Permanent Residents from the 7 banned countries. (Note: The INA - Immigration & Nationality Act is a federal statute. In Section 212 of the INA, it states that all U.S. Legal Permanent Residents have to be let into the U.S. So, CBP is now complying with the law on this.)

2) All dual citizens will be treated as if from the country they present themselves from (which passport they use). So, if someone has French Citizenship and Iranian Citizenship, and uses their French passport, they should be let into the U.S. If they use their Iranian passport, they will not be let into the U.S.

3) CBP confirmed that officers will search electronic devices and social media of anyone it wants more info. on. They called this one of their tools of investigation.

4) Advance Parole travel permits for DACA (Deferred Action for Childhood Arrivals) will be honored until they are told otherwise, unless it is an individual from 1 of the 7 banned countries.

5) CBP has not heard of and is not aware of any additional countries that will be added to the list of 7. (On 02/02/2017 the US Department of State also released a statement, saying that DoS has no information about any additional countries being added to the List of 7.)

6) All U.S. Citizens, even with dual citizenship from restricted countries, will be let into the U.S.

7) Airlines have been given instructions by CBP on who to let board airplanes. This does not mean that some airline employees will bar people from boarding that should be allowed to board.

8) Anyone with a medical issue while in primary or secondary inspection will be attended to by paramedics and taken to the hospital if necessary. If inspection is not complete, a CBP officer will go with the individual to the hospital.

P.S. Situation is very fluid, and can change in the future. It's advisable to follow any official announcement by USCIS, CBP, ICE, Department of State.

10-year multiple entry B1 B2 visa to USA for citizens of Kazakhstan

1/5/2017

Starting on December 29, 2016, citizens of Kazakhstan applying for a B1/B2 visitor, tourist or business visa to USA at the U.S. Embassy or Consulates in Kazakhstan will be able to receive a 10-year multiple entry visa.

Simultaneously, the Ministry of Foreign Affairs of Kazakhstan introduced ten-year validity visas for U.S. business and tourism visitors to Kazakhstan.

In addition, starting January 1, 2017, U.S. citizens visiting Kazakhstan for 30 days or less can do so without a visa. Starting January 1, citizens of EU and OECD countries, as well as Malaysia, Monaco, the United Arab Emirates, and Singapore could also travel to Kazakhstan for up to 30 days without a visa.

(Last month, Uzbekistan introduced visa-free travel for citizens from 27 countries).

The cost to apply for a business or tourism visa remains the same, US$160.

Full information on the visa application process is available here.

Read more here.

In Russian: С 29 декабря 2016 граждане Казахстана, подающие заявления на гостевые, туристические или бизнес визы в США смогут получить многократные визы, действительные на 10 лет.

Стоимость 10-летней визы остается таже - 160 долларов США.

С 1 января 2017 года, граждане США временно посещающие Казахстан на срок до 30 дней, смогут сделать это без визы (безвизовый режим). Также, граждане США смогут получить 10-летнюю многократную гостевую или бизнес визу в Казахстан.

How to find your I-94 admission record or travel history on a new CBP website

10/19/2016

CBP launched an updated website for accessing I-94 admission records, and travel history to USA records.

To access your CBP records, you have to enter your information exactly as in your passport at:

https://i94.cbp.dhs.gov/I94/#/home

What To Do If Your Green Card Lost, Stolen, Destroyed Abroad: New Form: I-131A Carrier Documentation

10/5/2016

On September 30, 2016, USCIS has published Form I-131A, Application for Travel Document (Carrier Documentation), a new form that allows lawful permanent residents (LPRs) to apply for a travel document (carrier documentation) if they:

Are returning from temporary overseas travel of less than one year, and their Green Card has been lost, stolen or destroyed, or
Are returning from temporary overseas travel of less than two years, and their Reentry Permit has been lost, stolen or destroyed.

Note: The length of the absence will be measured from the time the LPR departed the U.S. to the time he or she pays the Form I-131A fee.
Applying for Carrier Documentation
To file Form I-131A, LPRs must pay the required fee online and then apply in person at a U.S. Embassy or Consulate.
The embassy or consulate will generally issue the carrier documentation within two weeks. The LPR should present the carrier documentation, which may be a boarding foil (similar to a visa) or transportation letter, to a transportation carrier instead of their Green Card or Reentry Permit.
The carrier documentation allows an LPR to prove to a transportation carrier only that they are authorized to travel to a United States port of entry to apply for admission to the United States. It is not a guarantee of admission or parole into the United States. CBP will conduct all required inspections when the LPR arrives at a United States port of entry and will make the final determination of whether to admit or parole the LPR to the United States.
Filing a Form I-131A does not give an LPR a new Green Card. To apply for a new Green Card, they must file Form I-90, Application to Replace Permanent Resident Card, and pay the filing fee. Visit our Form I-90 page at uscis.gov/I-90 for more information.
LPRs with Expired Green Cards
LPRs with expired Green Cards may not need to file Form I-131A. We encourage LPRs to check with their airline or vessel before determining whether to file Form I-131A.
Although regulations generally require an LPR to travel with a valid Green Card, CBP policy permits a transportation carrier bound for the United States to board an LPR without carrier documentation if:

They have an expired Green Card that was issued with a 10-year expiration date, or
They have an expired Green Card with a 2-year expiration date AND a Form I-797, Notice of Action, showing that they have filed a Form I-751 or Form I-829 to remove the conditions on their permanent resident status. The Notice of Action extends the validity of the card for a specified length of time, generally one year.

Filing Fee
The filing fee for Form I-131A is $360. There is no biometric services fee. The fee for this form must be paid online using a credit or debit card or U.S. bank account through our online payment system.
Applicants cannot use a fee waiver for this form. As with all immigration fees, USCIS does not issue refunds, regardless of the decision on the application.
Because USCIS fees change periodically, please verify the current fee at uscis.gov/forms.
Where to File
Before appearing at a U.S. Embassy or U.S. Consulate to file Form I-131A, LPRs must submit the filing fee on the USCIS website. When appearing in person at a U.S. Embassy or U.S. Consulate to file Form I-131A, they must bring evidence that they paid the fee. Please contact the nearest U.S. Embassy or U.S. Consulate or visit its website to verify that they can process the Form I-131A and to read instructions on how to file.

Read here.

ILRC PRACTICE ADVISORY: FROM ADVANCE PAROLE TO A GREEN CARD FOR DACA RECIPIENTS.

3/17/2016

On February 18, 2016, ILRC updated their PRACTICE ADVISORY: FROM ADVANCE PAROLE TO A GREEN CARD FOR DACA RECIPIENTS.

It can be useful not only for DACA grantees, but also for TPS grantees; people considering adjustment of status, but who are ineligible because of their EWI/illegal entry to USA; people with criminal convictions; and those with removal (deportation) orders, or pending removal proceedings.

The advisory explains who is eligible to apply for Advance Parole (travel document), who can safely travel outside of USA, about risks of being denied admission to USA, and why this document is so important.The advisory is available for download as a PDF file here:

http://www.adminrelief.org/resources/item.592261-Practice_Advisory_From_Advance_Parole_to_a_Green_Card_for_DACA_Recipients

DHS and TSA may soon start denying boarding the flights to the passengers with the driver's licenses from certain states, noncompliant with the federal Real ID Act.

12/28/2015

DHS may soon deny boarding flights within the U.S. to passengers with some states' driver's licenses.

The U.S. Department of Homeland Security said it will be making a decision this week.

Ten years ago, the U.S. government passed the Real ID Act, issuing stricter standards for state-issued IDs, including driver's licenses. Fewer than half (22) of the states have complied with the law.

22 states comply with the law:

These states, along with Washington, D.C., already have issued drivers' licenses that comply with the Real ID Act: Alabama, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Indiana, Iowa, Kansas, Maryland, Mississippi, Nebraska, Nevada, Ohio, South Dakota, Tennessee, Utah Vermont, West Virginia, Wisconsin and Wyoming.

Five states are noncompliant:

Five states that have been deemed noncompliant, have not been granted an extension and do not have extensions under review: Illinois, Minnesota, Missouri, New Mexico and Washington.

But even if you live in those states, DHS hasn't issued its schedule for enforcement yet. If and when it does, there still will be 120 days notice before the TSA no longer accepts their states' IDs. And those states could still appeal DHS' decision not to grant a waiver extension, the DHS spokeswoman said.

Four states' waiver extensions are pending review:

These states applied for waiver extensions, and DHS is still reviewing their requests. All of these states were previously granted waivers that are set to expire on January 10, 2016: Alaska, California, New Jersey and South Carolina.

19 states have been granted waiver extensions:

Except for New Hampshire, all of these states' waiver extensions are set to expire on October 10, 2016. New Hampshire's extension lasts through June 1, 2016: Arizona, Arkansas, Idaho, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Montana, New Hampshire, New York, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, Texas and Virginia.

Read here.

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UPDATE 01-13-2016:

On January 8, 2016, the DHS Secretary made an announcement:

"Effective January 22, 2018, air travelers with a driver’s license or identification card issued by a state that does not meet the requirements of the REAL ID Act (unless that state has been granted an extension to comply with the Act) must present an alternative form of identification acceptable to the Transportation Security Administration (TSA) in order to board a commercial domestic flight."
Read more here.

At present, 23 states are fully compliant with the REAL ID Act, and the DHS has used its authority to grant states extensions when they demonstrate steps toward compliance. Thus, 27 states and territories have been granted extensions for a period of time to become compliant. Six states and territories – Illinois, Minnesota, Missouri, New Mexico, Washington, and American Samoa – are noncompliant and do not currently have extensions.

DHS has now reached the final phase of implementation of the REAL ID Act, which relates to commercial air travel. These are the timelines for that final phase:

Effective immediately, the Department of Homeland Security will conduct outreach to educate the traveling public about the timeline below, and continue engagements with states to encourage compliance with REAL ID standards.
Starting July 15, 2016, TSA, in coordination with airlines and airport stakeholders, will begin to issue web-based advisories and notifications to the traveling public.
Starting December 15, 2016, TSA will expand outreach at its airport checkpoints through signage, handouts, and other methods.
Starting January 22, 2018, passengers with a driver’s license issued by a state that is still not compliant with the REAL ID Act (and has not been granted an extension) will need to show an alternative form of acceptable identification for domestic air travel to board their flight. To check whether your state is compliant or has an extension, click here. Passengers with driver’s licenses issued by a state that is compliant with REAL ID (or a state that has been issued an extension) will still be able to use their driver’s licenses or identification cards.
Starting October 1, 2020, every air traveler will need a REAL ID-compliant license, or another acceptable form of identification, for domestic air travel.

Important: Right now, no individual needs to adjust travel plans, or rush out to get a new driver’s license or a passport for domestic air travel. Until January 22, 2018, residents of all states will still be able to use a state-issued driver’s license or identification card for domestic air travel. Passengers can also continue to use any of the various other forms of identification accepted by TSA (such as a Passport or Passport Card, Global Entry card, U.S. military ID, airline or airport-issued ID, federally recognized tribal-issued photo ID).