Last month, the U.S. Supreme Court ruled that the Trump administration’s efforts to end the Deferred Action for Childhood Arrivals (DACA) program in 2017 had been illegal. The program, therefore, remains in place. Does that mean that new applicants should be admitted?...
9th Circuit strikes down rule forcing asylum seekers to try Mexico
Last July, the Trump administration issued a rule requiring people who need asylum to ask for it in Mexico before asking for it in the U.S. Only those who were turned down by Mexico would be allowed to apply for asylum here.The government rightly claimed that it can...
Suspension of new work visas: Who is affected?
Last week, President Trump announced that he will suspend all new work visas through the end of the year in order to address the effects of the coronavirus pandemic. For some, this will mean disappointment as their expected visas fall through. For others, there will...
New policy would make it harder for some to claim asylum
The Trump administration has issued a new proposed rule that would further limit access to asylum. If the rule goes into effect, would apply extra scrutiny to noncitizens who travel from Latin America to the Southern border of the United States. Primarily, the...
Supreme Court: Immigrants can bring CAT claims even in deportation
The Convention Against Torture (CAT), which refers to the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment, can prevent the deportation of immigrants who can show it is more likely than not that they will be...
VAWA helps domestic abuse survivors leave abusers, stay in the US
Has your spouse, parent or child said that you could be deported for reporting family violence? That may not be true.When your immigration status depends on another person, you can be vulnerable to spousal or domestic violence. Abusers often claim they have impunity....
USCIS struggles with insolvency, plans to raise immigration fees
The U.S. Citizenship and Immigration Services (USCIS) relies on application fees for 97% of its $4.8-billion budget. Now, immigration has dropped substantially, and the agency is asking Congress for a $1.2 billion cash infusion and the right to add a 10% surcharge to...
In tech but missed out on an H-1B visa? Try an O-1 visa instead
People who work in STEM (science, technology, engineering and math) fields and want to work temporarily in the U.S. often try to get an H-1B "specialty occupation" visa. These visas are only available to a limited number of people each year, however, and they are...
To whom does the presidential order suspending immigration apply?
Effective at midnight tonight (12:00 a.m. on April 24, 2020), President Trump has issued an executive order suspending certain types of immigration for 60 days. Although this may sound alarming, there are large categories of immigrants who are not affected at all.The...
Do you need an extension or change of status to remain in the US?
Due to the coronavirus pandemic, many people are in tough immigration situations. Were you on a work visa but lost your job? Is your non-immigrant visa status expiring? You may have had plans to leave the U.S., but now you're stuck because travel is not advised. Are...
