New York Lawyer's Legal Updates

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.

03 February 2017
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