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Recent Blogs Posts

  1. VISA BULLETIN ANALYSIS, PREDICTIONS THROUGH 2017

    by , 09-26-2017 at 09:31 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    The Department of State’s Visa Bulletin guru, Charlie Oppenheim, hosts monthly meetings with the American Immigration Lawyers Association. Charlie Oppenheim is the Department of State’s Chief of the Control and Reporting Division. He is the officer who is responsible for producing the Visa Bulletin each month.


    This month’s Check In With Charlie featured projections for EB2 and EB3, which are the most popular categories for readers of this Blog. Here are some of this month’s highlights, along with our analysis:

    EB-2 and EB-3 Worldwide. These categories will remain current for the foreseeable future.

    EB-2 India. This category is expected to progress one month at a time. It should move into 2009 sometime in early 2018.

    EB-3 India. This category will snot progress in November because of heavy demand at the end of the last fiscal year. It may slowly progress in December.

    EB-3 Philippines. In FY 2018, we will not see this category move nearly as fast as it did in FY 2017. Phils EB-3 is expected to progress 1-2 months per Visa Bulletin in the future.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
  2. DOS NOW REQUIRES 90 DAYS BEFORE CHANGING OR ADJUSTING STATUS

    by , 09-25-2017 at 04:42 PM (Chris Musillo on Nurse and Allied Health Immigration)
    by Maria Schneider

    The United States Department of State (US DOS) recently released a policy change to its Foreign Affairs Manual (FAM). Going forward, any visa holder who engages in conduct inconsistent with the terms of his/her visa within 90 days of entrance to the US is presumed to have willfully misrepresented him or herself to the Consular Officer at the visa application interview and/or to the Border Officer when entering the US.

    Conduct that violates or is inconsistent with status,
    may include:


    • Engaging in unauthorized employment
    • Enrolling in a course of study if study was not authorized for that classification (e.g. Entering the US in B1/B2 status and taking classes before 90 days)
    • Marrying a US Citizen or lawful permanent resident (green card holder) and taking up residence in the US.


    Non-immigrant intent is required for most visas -- with a noted exception for those holding H-1B and L-1 status. Individuals entering the US on other types of visas, for example an F-1 student visa, a TN or E work visa, or a B-1/B-2 tourist visa, must have the intent to return to their home country at the end of their authorized period of stay in the US.

    Other than H-1B and L-1 visa holders, Individuals entering on a visa should wait at least 90 days after entrance to the US before taking any steps toward a green card application.

    The previous US DOS policy indicated actions inconsistent with status taken within 30 days of entry were presumed fraudulent and actions inconsistent with status taken between the 31st and 60th day after entry were presumed fraudulent, but the presumption could be overcome.

    We recommend that you consult with your MU attorney before making any international travel plans, no matter your status.

    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn.
  3. Letters of the Week: September 25- October 1

  4. Trump's New Travel Ban Order. Nolan Rappaport

    https://www.whitehouse.gov/the-press...ards-traveling

    The White House

    Office of the Press Secretary

    For Immediate Release
    September 24, 2017





    President Donald J. Trump Strengthens Security Standards For Traveling to America


    “Our government's first duty is to its people, to our citizens -- to serve their needs, to ensure their safety, to preserve their rights, and to defend their values.” – President Donald J. Trump

    NEW PROTECTIONS: President Donald J. Trump is taking key steps to protect the American people from those who would enter our country and do us harm.


    • Earlier this year, the President signed Executive Order 13780, which asked the Secretary of Homeland Security to develop a new minimum baseline for how much information sharing with foreign nations is required to determine whether their nationals seeking entry into the United States present security threats to our Nation.

      • The new baseline furthers the aims of the Executive Order by ensuring our border and immigration security is adequate to protect the safety and security of the American people.

    • New requirements on issuing electronic passports, sharing criminal data, reporting lost and stolen passports, and sharing more information on travelers will help better verify the identities and national security risks of people trying to enter the United States.
    • Additionally, foreign governments will have to work with the United States to identify serious criminals and known or suspected terrorists, as well as share identity-related information and exemplars of documents such as IDs and passports.
    • When foreign governments share information about individuals coming to the United States, the dedicated men and women of our homeland security and intelligence agencies can work to identify and block threats from reaching America’s shores.


    PRESIDENT TRUMP HAS PUT OUR NATIONAL SECURITY FIRST: This action to protect our national security builds on Executive Order 13780, which
    President Trump signed in March.


    • Executive Order 13780, which President Trump signed on March 6, 2017, suspended entry into the United States for foreign nationals of six countries of concern, giving the Federal Government time to review our procedures for screening and vetting people seeking to come to our country.
    • The President signed Executive Order 13780 pursuant to his constitutional and statutory authorities, including section 212(f) of the Immigration and Nationality Act, which provides that the President may “suspend the entry of all aliens or any class of aliens” whenever he “finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States.”
    • Executive Order 13780 required the Secretary of Homeland Security to conduct a review of other nations’ information-sharing practices regarding their nationals traveling to the United States, and to recommend improvements in a report to the President.
    • The Department of Homeland Security has worked closely with other Federal departments and agencies to review current vetting and information-sharing practices.
    • The Secretary of Homeland Security submitted the required report to the President this month, and the President is now acting in response to the Secretary’s recommendations.


    HIGHER STANDARDS FOR IMMIGRATION SECURITY: The Trump Administration worked in good faith with foreign governments to implement
    minimum security
    requirements.


    • Despite best efforts of the United States, several countries remain currently inadequate in their identity-management protocols and information-sharing practices or present sufficient risk factors that travel restrictions are required.
      • As a result, certain travel limitations and restrictions will be placed on nationals from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen, by President Trump’s September 24 proclamation, until we are sure that we can conduct proper screening and vetting of those countries’ nationals.
        • These travel limitations and restrictions are a vital tool for enforcing adequate information sharing requirements and necessary for the security and welfare of the United States.

      • These limitations and restrictions are conditional, and these countries can, under this Executive action, improve their information-sharing practices and receive relief from the limitations and restrictions.
      • The President has also determined that while Iraq should be subject to great screening security, entry restrictions are not warranted under the September 24 proclamation.

    • The Trump Administration shared these new requirements with foreign governments in July, and countries that did not have adequate information-sharing practices in place were given 50 days to make necessary improvements.
    • A number of nations that were not in compliance worked quickly and diligently to improve, such as increasing their information sharing with the United States or improving their reporting of lost and stolen passports.
      • Many of those countries are now in compliance.


    THE AMERICAN PEOPLE SUPPORT INCREASED VETTING:
    A majority of Americans support President Trump’s efforts to safeguard our Nation from those who would do us harm.


    • A July 2017 Politico/Morning Consult poll found that “a clear majority of voters”—60 percent--support President Trump’s Executive Order on travel restrictions.


    AGREEMENT ON THE THREATS FACING AMERICA:
    Congress, the Obama Administration, and the courts have all recognized the need for enhanced security and vetting.


    • Following the 2015 terror attacks in Paris, Congress passed, and President Obama signed, bipartisan legislation restricting access to the visa waiver program for foreign nationals who had previously traveled to Iraq, Syria, Iran, or Sudan.
    • The Obama Administration began implementing these policies in 2016, and later expanded these provisions to include certain individuals who had visited Libya, Somalia, or Yemen.


    PROTECTING THE AMERICAN PEOPLE: Trump Administration officials have repeatedly spoken about the importance of the travel Executive Order for our Nation’s safety, and enforcing our Nation’s ability to ensure its own security.


    • White House Chief of Staff John Kelly: “We cannot risk the prospect of malevolent actors using our immigration system to take American lives.”
    • National Security Advisor H.R. McMaster: “If you can’t screen people effectively to know who’s coming into your country, then you shouldn’t allow people from that country to travel.”
    • Secretary of State Rex Tillerson: “It is the President’s solemn duty to protect the American people and with this order, President Trump is exercising his authority to keep our people safe.”


    CHALLENGES FOR CUSTOMS AND CONSULAR OFFICERS: The United States welcomes millions of visitors each year, putting enormous investigatory burdens on our Homeland Security and State Department officers and caseworkers.


    • More than one million immigrants from more than 150 countries are provided with permanent residency in the United States every year with a path to citizenship.
    • The United States Citizenship and Immigration Services has an asylum backlog of more than 270,000.
    • Many of those immigrating and traveling to the United States come from areas with serious terrorism concerns, significant instability, substantial stresses on public systems, and other security and safety threats.











    Updated 09-24-2017 at 08:43 PM by ImmigrationLawBlogs

  5. If Democrats insist on chain migration, they'll kill the DREAM Act. By Nolan Rappaport




    © Getty

    Senate Minority Leader Chuck Schumer (D-N.Y.) and House Minority Leader Nancy Pelosi (D-Calif.) announced recently that they had reached an agreement with President Donald Trump to pursue legislation that would protect the participants of the Deferred Action for Childhood Arrivals (DACA) program, which is being phased out. They also agreed to enact border security measures that would not include building a physical wall.

    But problems have arisen since that agreement was reached. Both sides have declared additional conditions.

    In a letter to her Democratic colleagues about the meeting with Trump, Pelosi said, "Any solution to the challenge facing the DREAMers must include the DREAM Act sponsored by Congresswoman Lucille Roybal-Allard," i.e., the DREAM Act of 2017, H.R.3440, which is identical to a DREAM Act in the Senate, S.1615.

    The House bill has 199 cosponsors, but only four are Republicans, and the Senate version only has three Republican cosponsors. The bill Pelosi supports has no more chance of being acceptable to Trump than the American Hope Act of 2017(effectively, this is another version of the DREAM Act), which I refer to as the False Hope Act.

    House Speaker Paul Ryan (R-Wis.) said at his weekly news conference that House Republicans won't "bring a solution to the floor that does not have the support of President Trump," and Trump has made his own demand that is as problematic for passing legislation as Pelosi’s.

    Trump made ending chain migration an additional condition when he tweeted:

    Read more at -- http://thehill.com/opinion/immigrati...-the-dream-act

    About the author.
    Nolan Rappaport was detailed to the House Judiciary Committee as an executive branch immigration law expert for three years; he subsequently served as an immigration counsel for the Subcommittee on Immigration, Border Security and Claims for four years. Prior to working on the Judiciary Committee, he wrote decisions for the Board of Immigration Appeals for 20 years
    .







    Updated 09-24-2017 at 06:18 PM by ImmigrationLawBlogs

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