Updates on Trump's Immigration Orders: What You Need to Know

January 2017

Published by the Law Offices of Alena Shautsova, 2908A Emmons Ave, Brooklyn, New York 11235

175 Eileen Way, Syosset NY 11791

Subscribe to our monthly free legal updates, SHAUTSOVA’S UPDATE.

Follow our Blog Posts commenting on the latest developments in the immigration and civil rights world

http://www.workharassmentattorneys.com/ 

http://www.russianspeakinglawyerny.com

Two hands holding a detailed representation of Earth with continents and oceans visible against a black background.

“Be the change that you wish to see in the world.”
― Mahatma Gandhi

NEWS Flashes

Trump Immigration Orders

Obama Immigration Legacy

New Standard for National Interest Waiver

Video:

 5:45

Legally Speaking: New Trump Executive Order on Immigration!

Alena Shautsova

Updates on Implementation of Trump Immigration Orders

Author: New York Immigration lawyer Alena Shautsova

In the end of January, new President Trump signed several executive orders regarding immigration issues and implementation of the U.S. Immigration laws. While many provisions of the orders are being challenged in Federal courts, I would like to provide updates on where we stand at this moment regarding their implementation.

Firstly, citizens of the following countries are banned from coming to the United States for the period of 90 days: Syria, Somalia, Sudan, Yemen, Iran, Iraq and Libya. Applications for U.S. immigrant and non-immigrant visas by the citizens of these countries are on hold and are not being processed. However, recently, an important update came from the Department of Homeland Security; those of these citizens who hold dual citizenship and are using citizenship (passports) of those other countries to apply for a visa, are not subject to the ban. Also, those persons from these countries who hold lawful permanent residence will be admitted into the United States absent “derogatory information.” (Initially, it was told that the ban was affecting LPRs, or lawful permanent residents, as well.)

The Executive orders do not address and do not cover travel or admission of citizens of other countries. Also, New York USCIS confirmed that so far it has been processing green cards and naturalization applications/petitions by the citizens from the seven countries in a regular manner, without putting them on hold.

The executive orders also stopped admission of refuges from any country in the world for 120 days, and persons from Syria indefinitely. President Trump’s administration is seeking to severely restrict refugee resettlement program and limit number of refugees U.S. will be accepting per year.

Another important aspect of the Trump Immigration Executive orders: the changed removal priorities. Now, anybody with any criminal conviction or criminal chargers, prior order of removal/deportation, those who “abused public benefits” or those who pose “significant security risk” are a priority for removal. I believe that the aspects of this order will be clarified as well, but as of now, it is not clear how this provision will be implemented.

Finally, there are reports that President Trump is drafting more orders regarding Immigration, this time targeting those who received public benefits or are likely to become a public charge, as well as altering work visas programs. We regularly update our Facebook page with the new information, and will post updates as soon as they become available.

Automatic Extensions of EAD for EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers

Author: Work Visa attorney Alena Shautsova

On January 17, 2017, a new regulation establishing validity of work authorizations for beneficiaries of certain work visa and employment based petitions became effective. All relevant EAD applications that were pending on January 17, 2017 and those filed on or after January 17, 2017 now will be subject to new rules (where applicable). The new amendments provide for automatic extensions of the validity periods of certain Employment Authorization Documents (Form I-766) for up to 180 days for individuals who: • Timely filed to renew an Employment Authorization Document (EAD); • Are applying to renew an EAD in the same category as the previous EAD (A12 and C19 are considered the same category for this extension); and • Are in a category that is eligible for the extension. The eligibility category codes for a 180-day automatic extension are A03, A05, A07, A08, A10, C08 (asylum pending), C09 (adjustment of status), C10, C16, C20, C22, C24, C31, and A12 or C19. It means that now, the old EAD would be valid for 180 days for the individuals who hold it in the above listed categories and applied for an extension based on the same category. The old EAD plus the receipt for filing is sufficient to establish employment eligibility.

To make it clear, those with pending asylum cases now will be able to continue work legally for at least 180 days from filing, if their new I 765 was filed before the expiration of the old EAD. 180 days usually is sufficient time to receive a new employment authorization.

There are some categories that are not eligible for this automatic extension. For example, those H4 holders who qualify for an EAD based on their spouses’ AC21 extension and underlying employment petitions, would not be able to benefitform this rule.