It is a common misconception that the "VAWA visa" is available only to females. This stems from the fact that the federal law that authorized protection for battered and abused spouses is entitled the Violence Against Women Act. However, the Act's protections do not extend exclusively to females, but also includes males, children, and parents as well. Under USCIS guidelines, the following categories of abused individuals are eligible to apply for immigration protection under VAWA:
New Travel Ban Taking Effect This Month
On October 18, 2017, the government will begin implementing a new travel ban, colloquially known as "Travel Ban 3." There are some notable differences between the new guidelines and the two previous ones. For one thing, the new order imposes permanent restrictions on visas from designated countries in contrast to the 90-day moratorium authorized by its predecessor. Secondly, some of the countries on the list have changed, indicative that future travel bans will be malleable, capable of adapting to current political realities. For example, one of the newest countries on the list, North Korea, should bring no surprise given the current state of affairs between our two countries. The new restrictions will not affect legal permanent residents and visitors who already have valid visas from the affected countries (however, these individuals may be affected once and if their visas expire).
Social Media and Internet Search Results of Immigrants To Be Monitored | DHS "Extreme Vetting"
Back in May of 2017, the Office of Management and Budget approved a new questionnaire that allows the Department of State to inquire into social media handles of US visa applicants warranting further scrutiny. On Form DS-5535, applicants are instructed to disclose, in addition to biographic history for the past fifteen years, social media handles as well as email addresses used during the last five years. To the consternation of privacy rights advocates, the Department of Homeland Security, which regulates immigration matters within the United States, is poised to take things even further. On September 18, DHS quietly released a new rule in the Federal Register that modifies current recordkeeping practices to reflect electronic and digital collection methods. Recognizing that an individual's "alien file" may not necessarily consist of paper documents, the rule purports to modernize the definition by expanding its boundaries. Effective October 18, 2017, unless modified, a foreign national's "A file" will also include the following:
Marrying within 90 days? Beware of Change to the 30/60 Day Rule | New 90 Day Rule
In a recent article, the New York Times covered a major change to the Department of State policy regarding visa revocation and charges of misrepresentation. According to the report, Secretary of State Rex W. Tillerson has directed American embassies around the world to apply a stricter standard to visa applicants who violate or exhibit inconsistent conduct with their status within three months of entry into the United States. The cable essentially instructs consular officers to take steps to potentially revoke such visas and/or make a finding of inadmissibility based on fraud or misrepresentation-something which, in practical terms, prevent a foreign national from re-entering the United States or applying for a green card.
Will I Be Arrested By ICE If My DACA Gets Denied? | DACA Renewal Issues
Under the new government guidelines, USCIS will no longer accept any new initial applications for deferred action under the moribund DACA program. Nevertheless, there is a small window of opportunity for current DACA recipients (whose deferral is due to expire before March 5, 2018) to file for a renewal of their work authorization and protection before October 5, 2017. However, not all individuals should necessarily rush to renew. There are certain categories of people who need to exercise extreme caution, including but not limited to those who have criminal histories as well as those who have prior removal orders. Generally speaking, there is an increased risk now that once a DACA renewal application is denied or expires, people with prior orders and criminal issues will be targeted, notwithstanding the rhetoric that the government is not interested in going after "dreamers." The fact of the matter is that under President Trump's executive orders, just who is considered a priority for removal has been considerably expanded to the point where specific classes have been subsumed. On the streets, there is essentially no longer any practical distinction between a dangerous criminal alien and someone who has just overstayed his/her visa.
How Do I Stop Deportation If I am Picked Up By Immigration? | I-246 Stay
Especially in light of President Trump's impending announcement on the fate of DACA, many people without status often ask what can they do in the worst-case scenario. Recent statistics bear out the reality that people are not being paranoid: according to some reports, ICE arrests have skyrocketed more than 30%, with no signs of abating.
What Can I Do Now That DACA Has Been Cancelled By Trump?
Yesterday, under President Trump's direction, Attorney General Jeff Sessions publicly announced that the Deferred Action for Childhood Arrivals program, otherwise known as "DACA", was legally untenable and therefore being phased out and ultimately terminated. Acting DHS Secretary Elaine Duke's September 5, 2017 Memorandum effectively rescinds the June 2012 memorandum establishing DACA and implements a "winding down" period. Therefore, it is critically important to understand that while the program is being cancelled-unless President Trump changes his mind-some aspects of it will continue up until March 6, 2018. Make no mistake: this policy reversal is unquestionably a serious and grave development; the status and employability of hundreds of thousands of young people will be jeopardized. At the same time, however, we should not let the hysteria cloud the facts. Yesterday was the death knell of DACA. It does not mean that everybody who had DACA status on September 5, 2017 suddenly lost his or her protection and will now be deported. The issue is much more complicated than that.
What Are My Rights If I am Stopped or Questioned by an ICE Officer on the Street or at Home?
One of the most common concerns that undocumented and "illegal" people have is what are their rights when being questioned or stopped by immigration agents from the Immigration and Customs Enforcement ("ICE"). For purposes of this article, we are confining our discussion to encounters within the interior of the United States. If a person is apprehended/questioned by the Department of Homeland Security at the border, he/she will ordinarily be dealing with someone from Customs and Border Protection (or "CBP").
How Long Does It Take For A Green Card Interview To Be Scheduled?
Once a family-based petition for a green card is filed, especially in conjunction with an adjustment of status application, an applicant will often wonder how long the case will take to complete. Generally speaking, we have seen a delay in adjudication in 2017 due to a slew of applications for citizenship and green cards that were filed last year. As a result, cases that would ordinarily take four to five months can take possibly up to and sometimes beyond one year. For family-based applications, is it important to understand that most cases will be scheduled for an interview at the local district office. For example, nearly all I-130 spouse petitions filed with I-485 adjustment of status applications will be scheduled for an interview. This makes sense given that an officer will need to meet with the couple to determine whether the relationship is genuine and bona fide. Therefore, it is unrealistic for an applicant to assume that once he/she is married and files for permanent residence, the green card will automatically be mailed without some sort of government vetting, especially in this day and age. On the other hand, not all family based cases will be scheduled for interviews. It is possible that certain cases will be adjudicated without having the petitioner and beneficiary appear personally for questioning.
What Happens If I Sneak Back Into the US After Being Deported? | I-871 Reinstatement
In general, most undocumented and illegal aliens apprehended inside the United States are entitled to a hearing before an immigration judge under section 240 of the Immigration and Nationality Act. However, this is not always the case. In some circumstances, a person who is caught by Immigration and Customs Enforcement may not be afforded an opportunity as procedural matter to see a judge, unless the individual is able to assert some sort of legal claim. It is critical to understand this because in many cases, a person will need to appreciate the risks of a certain course of action to remedy his/her status. For example, many people are not aware of or understand the doctrine of reinstatement. The regulations pertaining to reinstatement of removal orders can be found in Section 241(a)(5) of the Immigration and Nationality Act. Under the statute:
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