Articles Posted in ICE

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In a sharp escalation of his hardline immigration policies, President Trump has recently turned his attention toward lawful permanent residents, sparking alarm among green card holders with the right to live and work in the United States permanently.

While Trump’s immigration policies during his first term in office primarily targeted undocumented immigrants and asylum seekers, this time his administration is taking a more aggressive approach, aimed at even those who have followed legal pathways to U.S. permanent residency. By now you have seen the headlines in the news detailing heightened scrutiny and enforcement measures against green card holders by Immigration and Customs Enforcement (ICE).

Understanding why Trump is now targeting green card holders requires taking a closer look at his administration’s policies and what this means for the future of immigration under President Trump.

Overview

Under President Trump’s current administration, green card holders are being treated like guests, with the privilege of having the ability to live and work in the United States. But that privilege can be placed under scrutiny if lawful permanent residents violate their legal status.

This is because of the administration’s new “Catch and Revoke” policy, introduced by Secretary of State Marco Rubio, establishing a stringent “one-strike” rule targeting non-citizens, including green card holders, visa recipients, and parolees.

Under this new policy, any legal violation by non-citizens—ranging from minor infractions to more serious offenses—can lead to the immediate revocation of immigration status and potential deportation.

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Are you a visa holder or permanent resident thinking of traveling overseas? Then, you won’t want to miss this important video, where we share our top 3 tips to smoothly re-enter the United States after temporary foreign travel for a safe and stress-free travel experience.

This information applies to:

  • Lawful Permanent Residents (Green card holders) and
  • Nonimmigrant Visa Holders

If you are a U.S. Citizen, do not worry as this information will not apply to you.

Overview

With the ongoing saga of detentions at U.S. ports of entry, and visa holders being questioned in secondary inspection, we can understand that re-entering the United States after traveling abroad can be a nerve-wracking experience, especially for green card holders and nonimmigrant visa holders.

Even with valid documentation, many travelers feel a sense of uncertainty as they prepare to face U.S. Customs and Border Protection (CBP) officers. Whether it’s your first time returning, or you’ve done it many times before, a little preparation can go a long way to ease your travel concerns under the Trump Administration.

In this post, we’ll share three practical tips to help reduce anxiety and make your return to the U.S. as smooth and stress-free as possible.

Although everyone’s situation is unique, these three tips can help you navigate U.S. Customs and Border Protection (CBP) with confidence.

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Over the past month, a new wave of visa revocations has caused panic among F-1 international students at college campuses nationwide.

In this video you will learn about what is happening, which students are being impacted, and how you can protect your immigration status moving forward.

Here’s What We Know

Without any prior notification, U.S. Immigration and Customs Enforcement (ICE) has been revoking visas and terminating SEVIS records for the following individuals:

  • Students who have had encounters with law enforcement
  • Students with criminal charges that have been dismissed
  • Students with very old misdemeanors pre-dating their most recent visa issuance
  • Students who have engaged in pro-Palestinian activism on college campuses and
  • Where the government learns that a student is working without lawful authorization

School officials first became aware of terminated F-1 student records after conducting routine checks of the Student & Exchange Visitor Information System (SEVIS). Still others became aware of their SEVIS termination after receiving an email directly from the State Department.

Why it’s Important

A student’s visa is the key that allows students to enter the United States, but their SEVIS record (known as Form I-20 Certificate of Eligibility for Nonimmigrant Student Status) is what determines their ability to remain inside the country. Students are allowed to remain until their “Admit Until Date” or D/S Duration of Status. This means a student can remain in the U.S. for as long as they comply with the terms of their F-1 visa.

Once an F-1 student’s SEVIS record is terminated, they automatically lose lawful status and are subject to removal from the United States if they do not leave the U.S. immediately. Under the Trump administration, F-1 visa holders admitted for “duration of status” begin accruing unlawful presence the day after their status ends.

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You have just learned that your work visa petition has been approved by the U.S. Citizenship and Immigration Services (USCIS). Now you are ready to attend your Consular visa interview bringing you one step closer to achieving your dream of working in the United States.

Unfortunately, receiving a USCIS approval notice does not guarantee the successful issuance of a visa by the U.S. Consulate. In fact, for some unlucky few that fail to pass their visa interview, the U.S. government can still revoke or cancel a petition that was previously approved by USCIS.

What can you do in this situation? Is this the end of the road? Learn everything you need to know about this important subject in this video.

Overview

Can the State Department revoke a work visa petition that was previously approved by USCIS?

Unfortunately, yes. After receiving an approval notice from USCIS, work visa applicants must still attend an in-person Consular interview to demonstrate their eligibility for the visa classification they are seeking. A Consular officer will question the applicant further to ensure they qualify for the visa and may request further evidence.

When a Consular visa interview goes south, not only can the visa application be denied, but the Consulate can also direct USCIS to revoke the underlying petition that was previously approved by the agency.

The petition revocation process begins when the State Department returns the application to USCIS along with the results of any investigation they have conducted.

Once USCIS has received the returned petition and the results of the investigation, they will issue a Notice of Intent to Revoke (NOIR) to the petitioner of the previously approved petition. The NOIR will include details about USCIS’ plans to revoke the underlying petition, as well as the discovery of new, derogatory information leading to the visa denial. A statement of facts underlying the revocation will be provided along with any evidence supporting the revocation.

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Can ICE lawfully detain you if you have an immigration case pending with USCIS? In this video, attorney Jacob Sapochnick breaks down everything you need to know about this important topic, including your rights if an ICE agent visits your home or workplace.

To learn how to protect yourself, please keep on watching this video.

Overview

Q: Are undocumented immigrants at risk of deportation if they have a pending application or petition for an immigration benefit with the U.S. Citizenship or Immigration Services (USCIS) such as an I-130 petition, I-485 green card petition, I-360 VAWA petition, etc.?

Before we can answer this question, we must first consider how U.S. Immigration and Customs Enforcement (ICE) operates. ICE is a federal law enforcement agency operating under the Department of Homeland Security (DHS). Its primary purpose is to guard against crime at the border and enforce the nation’s immigration laws to prevent illegal immigration.

As a result, ICE agents can detain individuals that they believe are present in the United States in violation of the law. This includes individuals who overstayed their U.S. visa, those who entered the country without lawful inspection at a U.S. port of entry., and those who have committed certain immigration violations.

Therefore, having a pending application or petition for an immigration benefit with USCIS does not provide automatic protection from deportation. In fact, individuals may be detained at any stage of the immigration process.

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During these uncertain times in immigration, we bring you this informative video to summarize President Donald Trump’s recent thirteen executive actions on immigration.

Some of the highlights of this discussion include President Trump’s executive order affecting birthright citizenship, measures to enhance border security, mass deportations of undocumented immigrants, potential executive orders implementing new travel bans, and much more.

To learn more about these executive orders and how they may impact you, please keep watching.

Overview

What happened on day one of the Trump administration?

President Trump signed thirteen executive orders on the first day of his presidency, setting the tone for the start of his administration with new policies that create obstacles for certain immigrants.

EO #1 President Trump’s America First Priorities

The first of these executive orders is “President Trump’s America First Priorities,” which outlines the top priorities that we can expect to see from the Trump administration over the next four years.  

The major highlights of this order are as follows:

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

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The American people have spoken. Donald Trump will return to the White House on January 20, 2025, becoming the next President of the United States.

This past month, the Trump administration has been busy laying the groundwork to implement stricter border policy measures, strike-down Biden-era immigration policies, and put in motion the large-scale deportation of undocumented immigrants.

But how could a Trump presidency impact legal immigration?

In this video, attorney Jacob Sapochnick explains what we can expect to see from the incoming Trump administration, with a specific focus on the changes that could impact business immigration law. You will learn about the five major changes that employers and foreign workers should consider in the months ahead.

If you’re an employer looking to hire foreign talent, or are actively employing foreign workers, then you won’t want to miss this video. If you’re a foreign worker going through the visa process, or thinking of applying for a visa, we will share with you the insider information you need to know to ensure your process is successful.

Want to know more? Just keep on watching

Overview

The Trump administration’s immigration policies are expected to impact workers in all industries. Individuals close to the President elect have revealed that they are preparing executive actions on immigration to be rolled out soon after Trump takes office in January.

Here are the top five ways that Trump’s immigration policies will impact business immigration.

#1 The Use of Executive Orders

During his first term in office, Donald Trump relied heavily on executive orders to bring about far-reaching changes in immigration policy, including his notorious “Muslim travel ban.”

As you may recall, in 2017 President Trump signed an executive order banning people from six Muslim-majority countries, from entering the United States for a period of 90 days. These countries were Iran, Iraq, Libya, Somalia, Syria, and Yemen.

The executive order prevented nationals from entering, even if they held visas to travel to the United States, causing wide-spread family separation for those seeking to be reunited with their spouses, parents, and children in the United States.

Upon taking office, we expect President Trump to issue a series of executive orders that will restrict the admission of certain foreign nationals to the United States and codify his hardline immigration policies.

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The aftermath of the presidential election has sent shockwaves throughout the immigrant community.

In just 70 days, Donald Trump is set to become the next President of the United States. That means that major changes are coming to immigration law and policy.

In this video attorney Jacob Sapochnick explains what Trump’s victory means for immigration, including his promise to execute mass deportations throughout the United States, as well as other controversial immigration policies that he is expected to implement when he takes office on January 20, 2025.

Want to know more? Just keep on watching

Overview

Mass Deportations

Throughout his campaign, Trump has called for mass deportations nationwide which he has said will be the “largest deportation effort in American history. “

It is said that his advisors are discussing whether they can declare a “national emergency,” to allow the government to call upon military officials to detain and remove undocumented migrant gang members from the United States. His campaign has also suggested ending sanctuary cities to remove suspected criminals, including drug dealers and cartel members from the population.

His promises also include hiring thousands of border patrol agents to secure the southern border to deter illegal immigration.

Trump’s Top Five Policies Targeting Immigration Law

The following are the top 5 areas where Trump’s policies will have the greatest impact in the lives of immigrants in the United States.

Immigrants should understand the potential challenges they could face under the Trump administration and consult with an experienced immigration attorney to create a plan of action in the months ahead. It is important to do so as soon as possible, because sensitive cases may call for immediate action before Trump is inaugurated.

#1 Asylum Restrictions

During Trump’s presidency in 2017, his administration was responsible for implementing widespread asylum restrictions. It is likely that his administration will re-implement many of his previous immigration policies, which limit asylum applications.

His policies are also likely to restrict asylum applications at the border, as they did during his first term in office.

Examples of Asylum Restrictions:

In 2020, the Trump administration published 7 final rules in the Federal Register to:

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In this video, attorney Jacob Sapochnick discusses the top 5 reasons a U.S. immigrant may be subject to deportation in the year 2024 and how to avoid falling into these circumstances.

If you would like to know more about this topic, we invite you to watch our video.

Overview

There are several reasons that may lead immigration to start the process of deporting an immigrant from the United States to their country of origin. Removal may occur because of certain actions undertaken by the foreign national that violate the immigration laws of the United States.

One of the most common scenarios is where the foreign national did not have the right to be in the United States in the first place. But this is not the only reason a person may be subject to deportation. Other reasons may include crossing the border illegally or even overstaying a U.S. visa beyond your authorized period of stay.

Here we discuss the top 5 most common reasons that may lead to deportation.

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In this video, attorney Jacob Sapochnick answers one of your frequently asked questions: Can undocumented immigrants open their own business in the United States?

If you would like to know more about this topic, please keep on watching!

Overview

This is one of the most widely misunderstood topics of discussion in immigration. The answer is yes, any person whether documented or undocumented can start a business in the United States.

Individuals can form a Limited Liability Company (LLC) or any other corporate structure irrespective of their legal status in the United States. This is because the LLC or corporate entity is a separate entity from the individual. The LLC can obtain an Employer Identification Number, also known as an EIN from the Internal Revenue Service (IRS) for the purpose of tax administration. To obtain an EIN, the principal business must be located in the United States or U.S. territories, and the member applying for the EIN must have a valid Taxpayer Identification Number, such as a Social Security Number (SSN), Individual Taxpayer Identification Number (ITIN), or EIN.

However, if you are employed by the LLC or corporate entity without lawful authorization to work in the United States, you will be in violation of the law, however the business registration in and of itself is legal.

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