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  • DIRECTORY

Immigration Law

Seeking legal consultation on work visas, citizenship, asylum, or deportation can be difficult and sensitive so it is important to find immigration lawyers in San Diego who can protect you.

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Glossary of Legal Terms

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What is the latest in US Immigration?

Presidential Proclamation on Travel Restrictions for Eight Countries
On September 24, 2017, President Trump issued a Presidential Proclamation titled "Enhancing Betting Capabilities and Processes for Detecting Attempted Entry into the US by Terrorists or other Public-Safety Threats". 

Latest Immigration Developments - On 9/24/17 Presidential Proclamation on Travel Restrictions for Eight Countries. Countries Affected: Nationals of Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen are subject to travel restrictions as outlined below, as well as additional scrutiny when applying for a visa or entering the United States. Exemptions – including those for U.S. lawful permanent residents and dual nationals – are discussed below.


Country

Nonimmigrant Visas

Immigrant and Diversity Visas

Iran

No nonimmigrant visas except F, M, and J visas

No immigrant or diversity visas

Libya

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas

North Korea

No nonimmigrant visas

No immigrant or diversity visas

Somalia

Visa adjudications and decisions regarding nonimmigrant entry are subject to additional scrutiny to determine whether applicants are connected to terrorist organizations or otherwise pose a threat to U.S. national security or public safety

No immigrant or diversity visas

Syria

No nonimmigrant visas

No immigrant or diversity visas

Venezuela

No B-1, B-2 or B-1/B-2 visas of any kind for officials of designated Venezuelan government agencies and their immediate family members

No restrictions

Yemen

No B-1, B-2, and B-1/B-2 visas

No immigrant or diversity visas



The proclamation does not impose restrictions on nationals of Iraq, but DHS recommends that they be subject to additional scrutiny. Sudan has been removed from the list of countries subject to restrictions, though Sudanese nationals also remain likely to be subject to heightened scrutiny.
Phase-In of Restrictions

The travel restrictions take effect as follows:

Phase I

  • Effective September 24, 2017, 3:30 pm EDT
  • Restrictions apply to nationals of Iran, Libya, Somalia, Syria, and Yemen, except those with a bona fide relationship to a U.S. person or entity, eligible for an exemption, or granted a waiver under the March 6, 2017 travel ban executive order
  • Travel restrictions are no longer in effect for Sudanese nationals, as of September 24 at 3:30 pm

Phase II

  • Effective October 18, 2017, 12:01 am EDT
  • Restrictions apply to nationals of all eight countries, unless exempt or granted a waiver
  • Nationals of Iran, Libya, Somalia, Syria, and Yemen will no longer be eligible for an exemption based on a bona fide relationship to a U.S. person or entity
  • Previously scheduled visa application appointments will not be cancelled, but a consular officer will use the interview to determine whether the national otherwise qualifies for an exemption or waiver under the proclamation

Duration of Restrictions

The restrictions will remain in place indefinitely. DHS and DOS will periodically review the restrictions and will make recommendations to the President concerning whether the restrictions should be continued, modified, or terminated and whether other countries should be added.
Foreign Nationals Subject to the Restrictions
 
The suspensions and limitations on entry apply to nationals of the named countries who:

  • Are outside the U.S. on the applicable effective date;
  • Do not have a valid visa on the applicable effective date; and
  • Do not qualify for a visa or other valid travel document under provisions for persons whose visa or travel document was marked canceled or revoked pursuant to the January 27 travel ban executive order.

Travel Ban

The Supreme Court plans to hear the travel ban an make a definitive decision. 

DACA Renewals

Per the recent permanent injunction, DACA renewals still remain in effect.

Exemptions

The proclamation exempts the following groups from the restrictions:

  • U.S. lawful permanent residents;
  • Dual nationals traveling on a passport from a non-restricted country;
  • Foreign nationals who were in the United States on the date that the applicable restriction went into effect, regardless of their immigration status;
  • Foreign nationals who have a valid visa on the date that the applicable restriction went into effect;
  • Foreign nationals entitled to a travel document confirming that their visa was marked revoked or canceled solely pursuant to the January 27, 2017 executive order;
  • Foreign nationals admitted or paroled into the United States on or after the applicable effective date of the proclamation;
  • Any foreign national who has a document other than a visa (such as a transportation letter, boarding foil, or advance parole document) that is valid on the relevant effective date or issued thereafter, that permits them to travel to the U.S. and seek entry or admission;
  • Foreign nationals traveling on a diplomatic/diplomatic-type visa, NATO, C-2, G-1, G-2, G-3 or G-4 visa (except certain Venezuelan government officials and their family members traveling on diplomatic type B-1, B-2, or B1/B2 visas);
  • Any foreign national granted asylum by the United States;
  • Any refugee already admitted to the United States; and
  • Any individual already granted withholding of removal, advance parole or protection under the Convention Against Torture.

Are waivers available?

Waivers will be available on a case-by-case basis. To be eligible for a waiver, a foreign national must demonstrate that denying entry would cause undue hardship, entry would not pose a threat to U.S. national security or public safety and entry is in U.S. national interest. Foreign nationals requiring urgent medical care may be considered for a waiver. The proclamation lists several groups for whom a waiver may appropriate, including Canadian landed immigrants applying for a visa in Canada.

Exemptions and waivers apply individually to applicants. Principal applicants and dependents must each individually qualify for an exemption or waiver. 

President Trump’s Executive Orders on Immigration – What They Mean and Where Can You Find More Information?

Executive Orders

  • Executive Order, Enhancing Betting Capabilities and Processes for Detecting Attempted Entry into the US by Terrorists or other Public-Safety Threats, (9/24/17): https://travel.state.gov/content/travel/en/news/important-announcement.html
  • Executive Order, Buy American and Hire American, (4/18/2017): https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american
  • Executive Order, Protecting the Nation From Foreign Terrorist Entry To The United States, (03/06/17):  https://www.whitehouse.gov/the-press-office/2017/03/06/executive-order-protecting-nation-foreign-terrorist-entry-united-states
  • Executive Order 13769, Protecting the Nation From Foreign Terrorist Entry Into the United States (01/27/17) aka “Entry Ban” or “Muslim Ban” Executive Order, available at https://www.federalregister.gov/documents/2017/02/01/2017-02281/protecting-the-nation-from-foreign-terrorist-entry-into-the-united-states
  • Executive Order 13767, Border Security and Immigration Enforcement Improvements (01/25/17), available at https://www.federalregister.gov/documents/2017/01/30/2017-02095/border-security-and-immigration-enforcement-improvements
  • Executive Order 13768, Enhancing Public Safety in the Interior of the United States (01/25/17), available at https://www.federalregister.gov/documents/2017/01/30/2017-02102/enhancing-public-safety-in-the-interior-of-the-united-states

Government Agency Websites Pertaining to US Immigration

  • www.dhs.gov
  • www.cbp.gob
  • www.travel.state.gov
  • www.ice.gov

Key Terms and Issues in Immigration Law

  • Citizenship/Naturalization
  • A citizen of the United States is a native-born, foreign-born or naturalized person who owes allegiance to the United States and who is entitled to its protection.

    To become a citizen at birth, you must:

    • Have been born in the United States or certain territories or outlying possessions of the United States, and subject to the jurisdiction of the United States; OR
    • Have had a parent or parents who were citizens at the time of your birth.


    To become a citizen after birth, you must:

    • Apply for “derived” or “acquired” citizenship through parents; OR
    • Apply for naturalization.
  • Visas — Work, Student, Family, Temporary or Permanent Visas
  • If you are a citizen of a foreign country, then you will be required to have a visa to enter the United States, either with a nonimmigrant visa for temporary stay or an immigrant visa for permanent residence. A U.S. visa allows the bearer to apply for entry to the United States under certain classifications, for example, as a student, visitor or temporary worker. A visa does not grant the bearer the right to enter the United States. A visa indicates that your application has been reviewed by a U.S. consular officer at an American embassy or consulate, and that the officer has determined you’re eligible to enter the country for a specific purpose. Only the immigration officer has the authority to permit you to enter the United States and determines how long you can stay.
  • Green Cards
  • A Green Card holder (permanent resident) is someone who has been granted authorization to live and work in the United States on a permanent basis. As proof of that status, a person is granted a permanent resident card, commonly called a “Green Card.” You can become a permanent resident several different ways. Most individuals are sponsored by a family member or employer in the United States. Other individuals may become permanent residents through refugee or asylee status or other humanitarian programs.
  • Deportation
  • Any person who is not a U.S. citizen can be deported from the United States if they are determined to be removable. They are subject to receiving a removal order and must leave the United States.
  • Asylum
  • This is a form of protection for individuals fleeing from their native countries due to political, social, religious or ethnic persecution.

    • Sexual orientation
    • Gender (including domestic violence)
    • Political opinion
    • Religious affiliation
    • Tribal association
    • Ethnicity or national origin
    • Conscientious objection to military policies or recruitment
       

    You may need to hire an asylum lawyer if you are seeking asylum in the United States.


Disclaimer: The information on this page is to aid your general understanding of general law issues and terms. This information does not constitute legal advice and should not be depended upon for that purpose. Laws are constantly changing and may at any time render the information found here invalid, so you will want to do further research on your own. For legal advice, consult an attorney. If you need a referral to an attorney, contact the SDCBA’s Lawyer Referral and Information Service at www.sdcba.org/ineedalawyer.

Updated 3/26/2018

Coffee with Counsel

Resources

  • Access
  • American Immigration Council
  • California Courts: Immigration Resource Directory
  • Casa Cornelia Law Center
  • Casa Familiar
  • Immigrant Legal Resource Center 
  • American Immigration Lawyers Association
  • ABA Immigration Program
  • Issues with your attorney's bill?
  • Unauthorized Practice of Law Complaint
  • Avoiding Fraud By Immigration Consultants
  • How to Avoid Legal Fraud After Immigration Raid Warnings
  • California Immigrant Guide
  • LA County Office of Immigration Affairs
  • Immigration Guides and Information
  • Immigration Resource Dictionary

U.S. Government Links Related to the Executive Orders

  • On 3/7/2017, President Trump signed a revised version of his Executive Order travel ban, entitled , "Protecting the Nation from Foreign Terrorist Entry into the United States." The revised EO is effective as of 12:01am ET on March 16, 2017 and applies to foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen, omitting Iraq.  
  • Department of Homeland Security (DHS) has posted a fact sheet and FAQ on the revised travel ban, available at https://www.dhs.gov/news/2017/03/06/fact-sheet-protecting-nation-foreign-terrorist-entry-united-states and https://www.dhs.gov/news/2017/03/06/qa-protecting-nation-foreign-terrorist-entry-united-states
  • Department of State (DOS) Announcements on the Executive Orders on Visa
    • https://travel.state.gov/content/travel/en/news/important-announcement.html
    • https://travel.state.gov/content/visas/en/news/executive-order-on-protecting-the-nation-from-terrorist-attacks-by-foreign-nationals.html
  • U.S. Customs and Border Protection  - Protecting the Nation from Foreign Terrorist Entry Into the U.S. (Includes Q&A), available at https://www.cbp.gov/sites/default/files/assets/documents/2017-Feb/EO-QA-PDF-WEB-02.02.2017.pdf
  • United States Citizenship and Immigration Service (USCIS) Implementation of the Jan. 27 Executive Order, available at https://www.uscis.gov/news/alerts/uscis-implementation-jan-27-executive-order
  • Department of Homeland Security (DHS) News/ Fact Sheets -Executive Order: Border Security and Immigration Enforcement Improvements, available at 
    https://www.dhs.gov/news-releases/fact-sheets

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