Guidance for Trump's New Travel Ban

President Trump has rolled out a new travel ban, after the previous 90-day travel ban expired yesterday.  This new policy continues the existing travel restrictions to the U.S. for most citizens of Iran, Libya, Somalia, Syria and Yemen, and now adds the countries of Chad, North Korea and Venezuela.  The new restrictions range from full travel bans on nationals from countries like Syria, Chad, and North Korea to more targeted restrictions for Venezuela, Iran, Libya, and Yemen.  For example, the suspension of nonimmigrant visas to citizens for Venezuela, applies only to senior government officials and their immediate families.  Iranian nationals will only be allowed to enter the U.S. using valid student and exchange visitor visas, but such visitors will have to undergo "enhanced screening and vetting requirements."

These news restrictions, which will take effect on October 18, 2017 and will be in place for an indefinite period of time.  The order does not apply to lawful permanent residents, existing visa-holders, or foreign nationals currently within the United States.  The Department of Homeland Security may also grant waivers on a case-by-case basis for students and workers with significant U.S. ties who happened to be outside the country when the order was enacted, among others.

Once again, as a result of these actions, many in the immigrant community are confused and scared – I understand!  Despite all that you read or hear in the news or from your friends and family, this is not a time to panic or to make hasty decisions.  It is a time for calm, rational thinking and for informed, conservative and proactive planning.  In that regard, I suggest the following:

  1. If you are a citizen of one of the countries listed in this new travel ban, do not travel out of the U.S.  The Executive Order does not apply to you if you merely visited one of these countries.
  2. If you have a non-immigrant visa and you plan to travel out of the U.S. please consult with an Immigration Attorney first.  In this climate of enhanced enforcement it is prudent to be able to document your status as much as possible in the event you are subject to additional scrutiny by an overly aggressive immigration officer upon your return.
  3. Consideration should be given to accelerating any immigration planning (i.e. extensions of status, green card processing, etc.) in order to take advantage of the existing laws and regulations. It is possible that these policies may continue to become more restrictive.

As evidenced by the prior travel bans, the current administration is intent on restricting travel to the U.S..  Once again, I sympathize with the fear and uncertainty many may be feeling right now - I come from a family of immigrants.  It pains me that the country whose doors gave my family refuge in their time of need is now trying to close those same doors to others.  I believe that these times too shall pass and that better times lie ahead.  Until then I will do everything I can to ease your fears and help you through this difficult period.

Please sign up for updates on the current situation and I will provide you with developments as they take place.  In the interim, please feel free to call me any time to discuss any of your concerns.

What Your Vote Means for Immigration

As I discussed almost a year ago, immigration has become one of, if not the, key issue in the U.S. Presidential election.  As we reach the final stretch of this election season and voters finally get to go to the polls to cast their votes, its important to consider what your vote might mean for U.S. immigration policy.  Whether you’re for stiffer enforcement of our borders, new options for more highly-skilled and entrepreneurial immigrants to work in the U.S., or pathways for legalization of undocumented immigrants, the future of millions of people will be shaped by your vote in the next few weeks.

Nearly everyone agrees that the U.S. immigration system needs to be overhauled, but there is a lot that goes into that.  Yes, its a broken system, but fixing it is not easy…it involves actual people, families, careers, futures.  So what would the Democrat and Republican presidential contenders do to tackle these challenging issues?

Visas and Green Cards

Trump says that allowing foreign nationals to work in the U.S. weighs down salaries, keeps unemployment high and makes it difficult for American workers to earn a middle-class wage.  He would put an end to the H-1B work visa program and suspend the issuance of green cards to require U.S. employers to hire American workers first for every visa and immigration program.

Hillary has called for providing lawful permanent residence (“green cards”) to foreign students who earn advanced STEM degrees from U.S. universities.  She has also voiced support for visas for international entrepreneurs who come to the U.S. to establish tech companies and who have financial support from U.S. investors.  She would provide pathways to permanent residence for foreign nationals who create jobs for U.S. workers and meet certain other performance criteria.  

Undocumented Immigrants

Hillary would like to expand the DACA and DAPA programs to defer the deportation and provide work authorization for undocumented individuals who are either children or the parents of children born in the U.S., while deporting undocumented immigrants who are violent criminals and terrorists.  Clinton also seeks to get rid of the 3 and 10 year bars to re-entry when undocumented immigrants leave the country as part of the process to legalize their status.

Trump’s plan calls for the deportation of all 11 million undocumented immigrants in the U.S., allowing some to return to the U.S. under a more stringent legal process.  His plan would impose criminal penalties on immigrants who stay longer than their visa departure date.

Border

Trump intends to build a wall along the U.S.-Mexico border and have Mexico pay $5-10 billion to build the wall.  Clinton, on the other hand, has called for increasing enforcement of our borders, but opposes a wall along the U.S.-Mexico border.

Clinton and Trump clearly seem to be taking opposite roads on their quest for immigration reform.  Clinton’s immigration reform plans stress her commitment to keeping families together, giving undocumented immigrants a chance to get right with the law, and provide new pathways for immigrant integration and employment opportunities.  Trump’s immigration reform plans focus on American workers and suspending benefits and immigration options to foreign nationals.  

Regardless of where you stand on these issues, your vote will have a dramatic impact on the social, cultural, and economic future of our country.