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President Biden’s Top 5 Actions on Immigration

President Biden’s Top 5 Actions on Immigration

February 8, 2021

President Biden’s Top 5 Actions on Immigration President Biden has sent an immigration bill to Congress, but there is no telling when the bill will move forward. With that being said, President Biden has already issued numerous executive orders (EO’s) and directives regarding immigration that are beginning to take effect. These following 5 actions are set to create swift changes in the immigration system. 1. 100- Day Moratorium on Deportations: President Biden has directed certain immigration agencies, such as the Customs and Border Protection (CBP). Immigration and Customs Enforcement (ICE), and the United States Citizenship and Immigration Services (USCIS) to stop the deportations of certain noncitizens while these agencies review current enforcement policies. NOTE: Just as many of President Trump’s executive actions were fought in court, this directive is already seeing legal challenges. A U.S. District Judge from Texas has issued an injunction, stopping this moratorium. This injunction was issued on January 26th and lasts two weeks. 2. Revoking of Travel Ban On his first day in office, President Biden revoked an EO issued by President Trump that restricted travel from numerous countries including Belarus, Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. 3. Suspending New Enrollments in the MPP President Biden has directed the Department of Homeland Security to stop enrolling asylum-seekers in the Migrant Protection Protocols Program (MPP). This program requires asylum-seekers arriving from Latin American countries to remain in Mexico while they seek asylum in the United States. There is still no official word from the White House on what will happen to those already enrolled and still waiting. 4. Halting of Border Wall Construction President Biden has issued a proclamation ending the National Emergency declared by a previous Proclamation issued by President Trump. With this proclamation, construction of the border wall has come to a halt. A plan is under development to redirect funds given for the wall. 5. Halting of Excluding Noncitizens from U.S Census President Biden has signed an EO that directs those in charge of completing the 2020 Census to include all residents regardless of citizenship or immigration status. This revokes two EO’s signed by President Trump that aimed to 1) Collect citizenship information through census questioning and 2) Exclude undocumented immigrants from representation.

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Proposed Biden Policies

January 17, 2021

Joe Biden has promised to lift the travel ban implemented by the Trump Administration on various majority Muslim countries on his first day of office. He has also promised to condemn violations of human rights against Uyghur Muslims in China and Rohingya Muslims in Burma. Biden will look to implement a 100-day freeze on deportations while his administration issues guidance narrowing who can be arrested by immigration agents. This guidance will focus on preventing “collateral arrests”. Biden has pledged to end the Migrant Protection Protocols policy implemented by the Trump administration. However, it remains unclear how the administration will handle the cases of thousands of asylum-seekers already waiting in Northern Mexico. Sources close to Biden’s team have said the administration plans to withdraw from all three agreements the Trump administration has made with Guatemala, El Salvador, and Honduras. These agreements allow rejected asylum-seekers to be sent to these countries.

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What should I do to be a beneficiary of an O Visa?

January 14, 2020

Is there a difference between a Green Card and an O Visa? Are there different types of O Visas? How do I apply for an O Visa? All of these questions and more will be answered in this blog. If you have additional questions, we’re experienced immigration lawyers that will be happy to talk to you. What is an O Visa? First, an O Visa is a nonimmigrant visa granted by the USCIS for a person who possesses extraordinary skills in the areas of science, arts, education, business, and sports. That is, they have managed to be recognized in their professions nationally or worldwide for achievements in their fields. This sounds like a broad category for visas, but the beneficiary of the visa, or the person who is hoping to come work in the U.S, must meet at least three of the eight O Visa requirements to be considered. There are three different types of O Visas depending on the field of expertise, work assistance, and family members.  O-1 Visa (a): visa granted to all those people with an extraordinary ability in science, education, business or sports. O-1 Visa (b): visa granted to all those people with an extraordinary ability in the field of the arts, as well as in movies and on television. O-2 Visa: this visa is granted to those people who will accompany the person holding the O-1 Visa. These people are an integral or essential part of the work and must have a high critical capacity and experience to help the worker perform in the United States. O-3 Visa: visa granted to people who are spouses or children of the person who is requesting an O-1 Visa or an O-2 Visa. What is “extraordinary ability”? Success is measured differently all around the world. So what does it mean to have an extraordinary ability that qualifies someone for an O-1 Visa (a or b) instead of a Green Card or another type of visa? The USCIS has a list of requirements that the person must meet in order to be considered for an O Visa. These requirements serve as proof that they have achieved success in their professional career and, therefore, have enough documents to support and enforce the claim.     Unless the person possesses a major internationally recognized award such as a Nobel Prize, they must meet three of the following eight requirements: Recipient of one or several national or international awards in their field for excellent work. Membership in a nationally or internationally recognized organization focused on excellence and outstanding achievements in their field of expertise. Published material in a professional or major trade publications or other types of major media. These do not necessarily have to be written by the person, but they must highlight the significance of them and their work. Contributed original scientific, scholarly/academic, and/or business related work that is of major significance in their field of expertise Author of scholarly articles in their field published either in professional journals or other major media that require classification to be published in. Be paid a high salary or other form of compensation […]

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How to renew your Green Card?

November 15, 2016

The expiration or expiration of a Green Card does not mean that you are no longer a permanent legal resident of the United States. Unless you commit a crime that causes you to enter the list of deportable persons or stay abroad for longer, you will remain a permanent resident for life. To show the relevant authorities that you can live and work legally in the United States, in order to travel and return without problems, you just have to keep in mind the renewal times. When you have a 10-year Green Card it is very important to renew it immediately and if it expired or will expire in the next 6 months, it is important to consider these steps: Complete a renewal application online or by mail. Gather your supporting documents. Pay government fees, if necessary. Send your request and wait for your new green card. It is very important to consider the times since USCIS can deny your request and withhold your payment if you submit your request too soon. How do I check the status of my application? The status of your renewal application can be reviewed online only with your receipt number. In the event that your application for the renewal of the Green Card is denied and meets all the requirements, you will need the help of an immigration lawyer to review your application and file a motion. In these cases, the collaboration of a lawyer is important because you will not be allowed to appeal a negative decision of this Agency. Not as long as the law is met, there are situations in which the US government. UU. You could deny a Green Card renewal application.   The clearest example is having committed a crime or not paying the corresponding taxes. Although it also happens that your request is denied for lying or submitting an incorrect form. However, you will always receive a letter explaining the reason you were denied. Once you need the services of an immigration lawyer in Atlanta to file a motion, you can ask the USCIS office to consider reviewing your case again to examine your decision. To reopen your case you must present the evidence and documents by which you are eligible to renew your Green card. “When you appeal a decision to the AAO, the USCIS office that made the original decision will first review the appeal to determine whether you should take favorable measures and grant the requested immigration benefit. During this “initial field review,” the review office will treat the timely appeal as a motion to reopen or a motion to reconsider and approve the request or request; or forward the appeal and the record of procedures related to the AAO to issue a new decision. ” USCIS – Appeals and Motions The review of the green card motion may take approximately 45 days. But, in case USCIS grants your request to the AAO (Office of Administrative Appeals) for further review, it may be ready within the first 6 months of your appeal. The Zambrano & Ruiz attorneys are aware of immigration laws and can know […]

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Five things to know about the new Public Charge Rule

July 28, 2016

Foreigners who request a visa to enter the United States must now more than ever demonstrate that they have full capacity to finance their trip and their stay in the country. Even Though this requirement is not new to the immigration system, the new Public Charge reform will put a stronger emphasis on immigrants’ financial capability to minimize the chances of allowing immigrants who might need financial support enter the country. As of February 24, 2020, the Trump administration will put into effect a new regulation for the new Public Charge rule in which they intend to investigate and requiere foreigners who enter or ask for a Green Card to provide very specific details and records about their health, education, income, and family history. Back in August 2019, the Citizenship and Immigration Services explained, “Self-reliance has long been a basic principle of United States immigration law. Since the nineteenth century, Congress has established a statute in which people who arrive to the country are inadmissible if they cannot sustain themselves without becoming a public charge. ” The new Public Charge regulation includes 20 new chapters that would make it easier for immigration agents to refuse green card petitions or even refuse foreigners to enter the country through any point of entry based on their financial capability. Due to these changes, it is very important to ask an experienced immigration attorney to represent you and help you complete and submit corresponding documents to prove that you will not become a ‘public charge’. In this new blog Zambrano & Ruiz Immigration Attorneys talk about 5 important things you should know about the public charge rule. 1. What is public charge? The Citizenship and Immigration Services states that “For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense”. 2. Age A key factor in determining whether an immigrant might become public charge to the United States is the age at the time of application. Immigrants that are between 18 and 61 years are considered at low risk of becoming a public charge. However, age is only a small factor to overcome, and applicants that fall under or over this age-frame might still be able to apply for immigration benefits.   3. Health Immigration officials who review new applications will consider applicants’ health as one of factors to deny or approve immigration benefits. Those applicants with conditions that require constant medical attention will be considered at a higher risk of becoming a public charge to the state. For this reason, the new Public Charge Rule would prevent immigrants from obtaining benefits to get medical attention in the United States. 4. Family When reviewing applications, immigration agents will also take into consideration family history to determine if applicants are at risk of becoming a public charge to the country. This consideration is given if the foreigner has a home to support, will be supported by others, or if there is any chance that […]

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