EAH Immigration Blog

Interview Waivers for Certain NIV Applicants

Do you know that many U.S. consulates provide an option for the NIV interview to be waived if certain criteria are met? This option is important to consider when, increasingly, NIV applicants are subject to long wait times either for scheduling an NIV interview or waiting for visa issuance post...
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Consular Computer Problems and Delays at National Visa Center

It’s not just you! Foreign nationals who consular process their immigrant visas applications at U.S. consulates abroad and thus avail themselves of the State Department’s system for submitting documentation have been experiencing a myriad of technical problems and interview scheduling delays. First, applicants are experiencing problems in paying their visa...
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35 Hits

Expanded Travel Ban 3.0: Who is Covered?

On February 21, President Trump’s newest Presidential Proclamation went into effect expanding the Travel Ban 3.0 to include certain foreign nationals of the following six countries: Eritrea : All immigrants, except Special Immigrants who have provided assistance to the U.S. government. Kyrgyzstan : All immigrants, except Special Immigrants who have...
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75 Hits

Permanent Injunction Issued to Enjoin Enforcement of F, M, J Nonimmigrant “Unlawful Presence” Policy Memo

In early February, a nationwide permanent injunction was granted by a federal district court, enjoining USCIS from enforcing its August 9, 2018, Policy Memorandum entitled “Accrual of Unlawful Presence and F, J and M Nonimmigrants.” The decision is important for many reasons: First, the decision saves thousands of F, J,...
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122 Hits

Update on Corona Virus Outbreak and U.S. Travel Ban Expansion to Schengen Area Countries

On March 11th, 2020, President Trump issued a new Presidential Proclamation expanding the scope of two previously issued travel bans suspending entry of immigrants and nonimmigrants into the United States, with exceptions detailed below, in response to the coronavirus disease 2019 or“COVID-19”. The Proclamation, entitled, Suspension of Entry as Immigrants...
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141 Hits

Coronavirus’s Impact on Individuals Seeking Entry into the United States After Travel in China and on U.S. Consular Processing in China

In light of the outbreak of the 2019 Novel Coronavirus, the Trump Administration has taken several measures to control and limit the entry of individuals potentially exposed the virus in China from entering the United States. On January 31, President Trump issued a Proclamation suspending entry of certain immigrants and...
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187 Hits

H-1B Registration for Cap-Subject Petitions Opens March 1

Beginning on March 1, employer-petitioners will be able to begin the H-1B cap-subject petition registration process for FY2021. Such employers must electronically register and pay the associated $10 H-1B registration fee per beneficiary before filing a petition for H-1B visa status for a beneficiary. If approved, the visa would become...
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146 Hits

New Public Charge Rules Go Into Effect for Most Green Card Applicants and Others

Beginning on February 24, 2020, DHS and the Department of State (DOS) began implementation of a new standard of whether an applicant for admission to the U.S. or for adjustment of status is likely to become a “public charge” under the inadmissibility ground in the immigration laws. “Public charge” is...
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160 Hits

News in Brief

The following additional items may be of interest to our readers: Polish Nationals Eligible for ESTA: In a recent rule effective 11/11/2019, DHS designated Poland as a country eligible to participate in the Visa Waiver Program. French E-1 and E-2 Visa Validity Period Now 25 Months: Effective 11/12/19, the maximum...
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259 Hits

Arrests and Deportations Under Trump Generally Lower Than Under Obama

According to a recent article in the Washington Post that analyzed ICE’s annual report for FY2019, ICE deported approximately 12,000 family members and unaccompanied minors of the 540,000 who crossed the border, far fewer than the millions President Trump pledged to arrest and deport. While the number of families deported...
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284 Hits

Medical Screenings Discourage Asylum Seekers

Many asylum seekers who are waiting to be heard in U.S. immigration court are currently living in tent camps on the Mexico side of the U.S. border. After waiting several months in destitute conditions, they arrive to immigration court only to find that they are being turned away from attending...
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250 Hits

Naturalization: Conditional Bar to Good Moral Character for Unlawful Acts

USCIS is also updating its policy guidance in its Policy Manual on “unlawful acts” during the applicable statutory period that reflect adversely on moral character and may prevent an applicant from meeting the good moral character (GMC) requirement for naturalization. An applicant who has committed , was convicted of, or...
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263 Hits

Impact of DUI Convictions on Good Moral Character Determinations

Certain immigration benefits require an applicant to demonstrate that he or she has good moral character (GMC) in order to demonstrate eligibility for the benefit. The good moral character standard is cited throughout the INA, and is a prerequisite to eligibility for numerous forms of immigration relief. Recently, the Attorney...
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249 Hits

USCIS Issues Policy Guidance on Post-Sentencing Changes

In immigration law, certain criminal acts have immigration consequences, rendering an applicant inadmissible, deportable, or ineligible for the immigration benefit being sought. USCIS issued policy guidance – and updated its USCIS Policy Manual – regarding how post-sentencing changes to criminal sentences affect convictions for immigration purposes. An immigrant convicted of...
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287 Hits

Practical Questions and Answers Regarding Submission of DS-160 Nonimmigrant Visa Applications

The State Department’s Visa Office recently provided guidance and practical advice on the submission and processing of DS-160 nonimmigrant visa applications based on some frequently asked questions: Q: If an applicant completes a Form DS-160 for one consular post and then applies for a nonimmigrant visa at a different post,...
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253 Hits

Round Up of Key Immigration Court Cases Challenging Administration’s Immigration Policy

According to Stuart Anderson, Executive Director of the nonpartisan public policy organization the National Foundation for American Policy, no president has been sued over his immigration policies as much as President Trump. In a recent article in Forbes , Mr. Anderson provides an analysis of the key immigration cases and...
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308 Hits

DHS Proposes to Change Fee Schedule and to Introduce New Forms

DHS promulgated a proposed rule that would make changes to the USCIS fee schedule by a “weighted average increase of 21 percent,” or about an 18 percent overall fee hike. The rule would also add new fees, change forms, and introduce several new forms. Some of the most common applications...
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255 Hits

Holiday Travel: Review Your Documents Now

Now is a good time for foreign nationals who will be departing the United States for travel abroad over the holidays to review their travel documents to ensure that their reentry into the U.S. is as seamless as possible. Depending on an individual’s current status and whether he or she...
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281 Hits

It’s Official: H-1B Registration Required for Cap-Subject Petitions; Registration Dates: March 1-20, 2020

USCIS announced that it is implementing the registration process for employers seeking to file H-1B cap-subject petitions, including those eligible for the advanced-degree exemption, for FY2021. Such employers must first electronically register and pay the associated $10 H-1B registration fee before filing a petition for H-1B visa status for a...
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375 Hits

Employers Beware: SSA Resumes Issuance of “No-Match” Letters

The Social Security Administration (SSA) has resumed issuing no-match letters. No-match letters state that a certain number of wage reports for name and SSN combinations do not match SSA records. Employers should be mindful that SSA no-match letters can potentially lead to issues related to immigration enforcement, including an ICE...
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297 Hits