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 deny U.S. asylum to people who are already "firmly settled" in a safe country before they reach the U.S.
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 be little noticeable impact, as American consulates have already been closed due to the coronavirus and the issuance of visas has already been limited.
Which visas are affected?
H-1B visas for highly skilled workers. Last fiscal year, the State Department issued 188,123 H-1B visas, which included new applications and renewals. Unfortunately, the numbers are way down this year. In May, only 143 H-1B visas were issued, according to Reuters, compared with 13,678 last May.
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 proposal would make it harder for people to claim asylum in the U.S. if they did not apply in other countries that they traveled through on their way here.
People can apply for asylum in the U.S., regardless of their immigration status, at any U.S. port of entry. You are eligible for asylum if you have suffered or fear you will suffer persecution due to your:
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 tortured if sent back to their home countries.
When someone applies for relief under the CAT, however, they may be turned down by immigration officials if those officials do not believe that the prospect of torture is more likely than not. When an applicant is turned down, can they appeal to the federal courts?
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. They say no one will help you. If you try to leave, they say they will cancel your visa. You could lose your job and be deported, they say.
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 those applications it does receive.
A spokesperson for the agency told Congress that application fees may drop off by more than 60%, all told, by the end of this fiscal year, which is Sept. 30. Without the new money, he said, the agency will be unable to continue its operations within months.
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 issued on a lottery basis.
If you missed out on an H-1B visa, you may still have the opportunity to live and work in the U.S. on a non-immigrant basis using another type of visa. A good choice for technology and science candidates is often the O-1 "extraordinary ability" visa.
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 order applies to people who are currently OUTSIDE THE U.S. and who are seeking immigrant status (to live and work in the U.S. permanently).
It does not apply to those seeking non-immigrant status (a temporary immigration visa). However, the order leaves room for a modification in 30 days to address people seeking non-immigrant status.
People who are already INSIDE THE U.S. are not affected. Even if you have a family- or employment-based petition or a pending adjustment of status to permanent resident, you are in the clear from this order as long as you are INSIDE THE U.S.
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 you worried that sheltering in place in the U.S. will place you out of status?
At Yew Immigration Law Group, we have been answering questions like these for the last few weeks. Here we hope to provide some general guidance on your options. Keep in mind that your specific immigration history may impact your eligibility for the benefits we are discussing, so call us at 408-740-3474 for a one-on-one consultation about your specific situation.
Recently, we've been getting a lot of questions about changing work conditions or terminations among people with visas that are sponsored by a specific employer. This can put you out of status, and you should take action as soon as possible to file an extension or change of status.
The most common visa types we handle that are tied to specific employers include:
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