Trump Announces Intent to Suspend Immigration

In a tweet early this morning, President Trump announced his intention to suspend immigration to the United States through an executive order. In the tweet, Mr. Trump indicated that this policy was both in response to COVID-19 and to protect the jobs of U.S. citizens.

At this moment, details are unclear, including whether the planned ban includes both temporary and permanent visa entrants and who, if anyone, will be exempt.

This post will be updated as more information becomes available. Of course, Tailwind Immigration Law will continue to fight for the rights of its clients during this unprecedented time.

UPDATE 4/22/20:

President Trump has announced that the new policy will only apply to issuance of green cards, will last an initial period of 60 days, and will have certain exemptions. The Trump administration is set to release full details in the next 24-48 hours.

UPDATE 4/23/20:

The full policy has been announced by presidential proclamation. The proclamation is available here: https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-immigrants-present-risk-u-s-labor-market-economic-recovery-following-covid-19-outbreak/

The policy suspends issuance of immigrant visas for 60 days and applies only to those who:

(i)    are outside the United States on the effective date of the proclamation;

(ii)   do not have an immigrant visa that is valid on the effective date of the proclamation; and

(iii)  do not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.

Additionally, the following individuals are exempt from the 60-day delay:

(i)     any lawful permanent resident of the United States;

(ii)    any alien seeking to enter the United States on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees;  and any spouse and unmarried children under 21 years old of any such alien who are accompanying or following to join the alien;

(iii)   any alien applying for a visa to enter the United States pursuant to the EB-5 Immigrant Investor Program;

(iv)    any alien who is the spouse of a United States citizen;

(v)     any alien who is under 21 years old and is the child of a United States citizen, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

(vi)    any alien whose entry would further important United States law enforcement objectives, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

(vii)   any member of the United States Armed Forces and any spouse and children of a member of the United States Armed Forces;

(viii)  any alien seeking to enter the United States pursuant to a Special Immigrant Visa in the SI or SQ classification, subject to such conditions as the Secretary of State may impose, and any spouse and children of any such individual; or

(ix)    any alien whose entry would be in the national interest, as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.

Open questions remain, including whether this policy will be extended beyond the initial period of 60 days and whether stepchildren of U.S. citizens who are under 21 will also be exempt from the delay.

Without discussing the specifics of a person’s case, it is not possible to give legal advice. If you are seeking help, I recommend scheduling a consultation with an experienced immigration attorney. This post is intended as only general information and is not a substitute for legal advice.

Travel Restricted for 20% of World Amid Coronavirus Fears

Fears of COVID-19, the coronavirus that has infected nearly 100,000 people worldwide, have fueled sweeping changes to the U.S. immigration system. These changes restrict travel for approximately 20% of the world population, and there may be more to come.

The first restriction came on January 31, 2020, when President Trump issued a proclamation suspending U.S. entry for most people present in the People’s Republic of China during the 14 days prior to entry.  Given China’s 1.4 billion person population, this change has impacted a massive number of potential U.S. visitors and immigrants, causing people to cancel business trips, vacations, family visits, and other travel. This proclamation does not apply to U.S. citizens, lawful permanent residents (green card holders), certain relatives of U.S. citizens and lawful permanent residents, diplomats on A or G visas, and crew members on C, D, or C1/D visas.

On February 29, 2020, President Trump amended the January 31 proclamation to include most foreign nationals who were present in Iran during the 14 days prior to entry. The terms of this travel restriction are similar to those of the proclamation on China, with exceptions for U.S. citizens, lawful permanent residents, and others. As noted in my recent blog post, Iran was already under a travel ban suspending entry to the United states for all immigrants and nonimmigrants, except for F, M, and J visa applicants.

Anyone who falls within one of these exceptions to these travel restrictions (including U.S. citizens, permanent residents, and others) must fly into one of eleven U.S. airports, where they will undergo enhanced screening and be quarantined, if needed. For more information, please click here.

CDC map of countries with known COVID-19 as of March 4, 2020. For details, click image.

Combined, China and Iran account for approximately 20% of the world population, leaving many people to wonder when they will be able to travel to the United States. The proclamation will remain in effect until it is terminated by the President. It is important to note that this proclamation only applies to those who have been present in China or Iran during the 14 days before attempted entry to the United States. This means that it may be possible to travel to another county for 14 days, then enter the United States on a valid visa.

As the virus spreads, it has become more active in other countries. In addition to Iran and China, the CDC has issued a Level 3 alert suggesting that people avoid nonessential travel to South Korea and Italy, and it is entirely possible that these immigration restrictions may ultimately be extended to other countries. Accordingly, those living in South Korea, Italy, and other countries with active cases of coronavirus may wish to explore their U.S. immigration options before local outbreaks become more severe.

Finally, if you feel that you may be sick, please seek medical attention. While immigration is important, your health and the health of others is paramount. For more tips on health and travel, please click here.

Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend scheduling a consultation with an experienced immigration attorney. The information provided here is only intended as general information and is not a substitute for legal advice.

Photo credit: Panos13121 (Pixabay).

USCIS Denying Immigration Forms for Blank Fields

Under a new policy, USCIS is rejecting and denying some forms for as little as leaving a single field blank.

As explained below, given this new approach, it is very important that anyone filing an immigration application or petition include text in each blank. While this increases the time it takes to complete immigration forms, it is the safest strategy given this new restriction.

Historically, USCIS has accepted immigration forms with blank fields where these fields do not apply to the applicant. For example, some forms include blanks for the person filing the form to add detailed information about up to four children. In the past, it was common for an applicant to enter information about any children they have and, assuming they had fewer than four children, leave the remaining spaces blank. This was logical, given that the information blanks for each child are extensive, as shown below:

Since October 2019, USCIS has issued new guidance on the websites of two forms pertaining to blank fields. This guidance, which applies to the I-589 Application for Asylum or Withholding of Removal and I-918 Petition for U Nonimmigrant Status forms, indicates that any blank fields may result in a denied or returned application or petition.

Tailwind Immigration has received reports from other immigration attorneys in recent months indicating that their applications and petitions have been returned due to “incompleteness”, even where any incomplete fields were unrelated to their client’s situation.

Given USCIS’ new policy, it is very important to complete all fields on each immigration form. If a field does not apply to the person submitting the form, they may indicate “N/A” or “None.” USCIS has moved quickly to expand this new requirement while providing little notice of these changes. Given this, it is advisable to fill out all blanks on any immigration form, even forms not covered by USCIS’ existing guidance.

For more information, see USCIS’ Alerts on Form I-918 and Form I-589 at https://www.uscis.gov/i-918 and https://www.uscis.gov/i-589.

Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that anyone schedule a consultation with an immigration attorney who is experienced in helping people in their situation. The information provided here is only intended as general information and is not a substitute for legal advice.

Photo credit: Cytonn Photography

Travel Restrictions Multiply: Making Sense of Travel Ban 4.0

On January 31, 2020, President Donald Trump issued his fourth proclamation banning travel to the United States from certain countries. From the time the first travel ban was issued in September 2017, countless people from throughout the world have lost the opportunity to study, live, and work in the United States. This blog post sets out the restrictions, exemptions, and waivers that govern the latest travel ban to inform those who may be impacted.

Please note that the president also issued a proclamation on January 31, 2020 banning the entry of certain individuals who may risk transmitting Coronavirus. While this ban is not discussed below, you can find more information here: https://www.whitehouse.gov/presidential-actions/proclamation-suspension-entry-immigrants-nonimmigrants-persons-pose-risk-transmitting-2019-novel-coronavirus/.

TRAVEL BAN 4.0

Beginning February 21, 2020, the fourth travel ban will come into effect, which will expand the existing ban to include Myanmar, Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. At that point, the following restrictions will be in place:

• Eritrea: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government

• Kyrgyzstan: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government

• Iran: Entry suspended for immigrants and nonimmigrants, except for F visa applicants (students), M visa applicants (vocational students), and J visa applicants (exchange visitors). Although they may be admitted, F, M, and J visa applicants are subject to enhanced screening.

• Libya: Entry suspended for immigrants and temporary visitors on B-1/B-2 visas for business or tourism.

• Myanmar: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government

• Nigeria: Entry suspended for immigrants, except as Special Immigrants who have provided assistance to the U.S. government

• North Korea: Entry suspended for all immigrants and nonimmigrants

• Somalia: Entry suspended for all immigrants and enhanced screening required for all nonimmigrants

• Sudan: Entry suspended for all diversity visa immigrants

• Syria: Entry suspended for all immigrants and nonimmigrants

• Tanzania: Entry suspended for all diversity visa immigrants

• Venezuela: Entry suspended for certain government officials and their family members on B1/B2 temporary visas for business or tourism

• Yemen: Entry suspended for all immigrants and for temporary visitors on B-1/B-2 visas for business or tourism

Please note: The word “immigrant” above describes people who intend to live in the United States indefinitely, and the term “nonimmigrant” describes people who intend to come to the United States under a temporary visa status.

Unless an exemption applies or a person is eligible for a waiver, travel restrictions apply to those who are outside of the United States on the effective date of the applicable travel ban, do not have a valid visa on the applicable effective date, and do not apply for reinstatement of a revoked visa or other travel document under Executive Order 13769.

EXEMPTIONS

The following types of people are exempt from the travel bans:

• Lawful permanent residents;

• Those who are admitted to or paroled into the U.S. on or after the applicable effective date;

• Those who have a document other than a visa (e.g., transportation letter, boarding foil, advance parole document) valid on the applicable effective date or issued on any date thereafter;

• Dual nationals of a designated country who are traveling on a passport issued by a non-designated country;

• Those traveling on a diplomatic visas, NATO visas, C-2/U.N. visas, or G-1, G2, G-3, or G-4 visa; or

• Those who have been granted asylum in the U.S., refugees who have been

  admitted to the U.S.; or individuals who have been granted withholding of removal, advance parole, or protection under the Convention Against Torture.

WAIVERS

A waiver may be granted if a person demonstrates to a U.S. consulate / embassy (in the case of a visa application) or U.S. Customs and Border Protection officer (in the case of an application for entry to the United States), that they meet the following criteria:

• Denying entry would cause the person undue hardship;

• The person’s entry would not pose a threat to the national security or public safety of the U.S.; and

• The person’s entry would be in the national interest

CONCLUSION

In practice, waivers have been granted sparingly, and it is advisable to seek legal counsel in applying for a waiver. Without discussing the specifics of an individual’s case, it is impossible to give legal advice. For this reason, I recommend that anyone schedule a consultation with an immigration attorney who is experienced in helping people in their situation. The information provided here is only intended as general information and is not a substitute for legal advice.

Image credit: Pixabay