Possible Travel Ban:

Although we do not know for sure, we encourage immigrants in the United States who are citizens of:

Afghanistan,

Iraq,

Iran,

Libya,

Palestine/Gaza,

Pakistan,

Somalia,

Sudan,

Syria, and

Yemen 

to avoid international travel at this time, and return back to the US if temporarily outside the US. This can help ensure that you are not trapped overseas and banned from the United States if a ban comes into effect before your return trip.

On February 25, U.S. Citizenship and Immigration Services announced that the Trump administration will reanimate a provision of U.S. immigration law that has essentially been dormant for decades: a requirement for all aliens register with the federal government after their arrival AND carry proof of their registration with them at all times. This includes even Legal Permanent Resident Green Card holders.

The administration has ordered Federal Prosecutors to prioritize prosecuting anyone that has failed to register OR that fails to carry proof of registration at all times. 

Background...

One of the executive orders signed on the first day of the current Trump administration highlighted the registration requirement, instructing the U.S. Department of Homeland Security (along with the State Department and Department of Justice) to “ensure that all previously unregistered aliens comply” with the registration law, and to ensure that failure to comply with the registration requirement is treated as a “civil and criminal enforcement priority.” A memo sent to federal prosecutors on January 21, instructing them to prioritize criminal prosecutions for immigration-related offenses, listed the criminal registration law (sections 1304 and 1306) among those that should be prosecuted when discovered. However, in order to successfully prosecute people for failing to register, the government needed to provide a way for them to register to begin with. 

The February 25 announcement from USCIS makes it clear that process will be forthcoming. It encourages everyone who has not already been deemed registered to create a USCIS online account, which can then be used to submit the registration form when such a form is ultimately published. 

Once there is a way to register, federal prosecutors will be able to criminally charge people for the crime of failing to register or failing to carry evidence of registration with them. This will allow them to prosecute unauthorized immigrants who previously could not be criminally prosecuted. U.S. Immigration and Customs Enforcement agents may also be deputized as criminal law enforcement officers for this purpose, permitting them to arrest people on both civil immigration charges and criminal law violations. 

Federal regulations include a list of forms which are considered sufficient for registration. 

According to the USCIS announcement, anyone who has been issued one of the following documents and who has been fingerprinted by the federal government is considered “registered” under the law and will not need to submit new registration through the forthcoming process. However, they may need to carry proof of their documentation with them if they want to avoid criminal charges. 

• I-94 (Arrival-Departure Record) which covers:
  • People admitted with non-immigrant visas. 
  • People paroled into the U.S. under 212(d)(5) of INA. 
  • People who have been granted permission to depart without the institution of deportation proceedings.
• I-95, Crewmen's Landing Permit—Crewmen arriving by vessel or aircraft.  
• I-184, Alien Crewman Landing Permit and Identification Card—Crewmen arriving by vessel.   
• I-185, Nonresident Alien Canadian Border Crossing Card—Citizens of Canada or British subjects residing in Canada.   
• I-186, Nonresident Alien Mexican Border Crossing Card—Citizens of Mexico residing in Mexico.   
• I-221, Order to Show Cause and Notice of Hearing—People against whom deportation proceedings are being instituted.   
• I-221S, Order to Show Cause, Notice of Hearing, and Warrant for Arrest of Alien—People against whom deportation proceedings are being instituted.   
• I-551, Permanent Resident Card—Lawful permanent residents of the United States.   
• I-766, Employment Authorization Document—People with work permits. 
• I-862, Notice to Appear—People against whom removal proceedings are being instituted.   
• I-863, Notice of Referral to Immigration Judge—People against whom removal proceedings are being instituted. 

Many immigrants who do not have full legal status in the United States nevertheless have one or more of these documents and are thus considered registered. For example, most of the 3.7 million immigrants who are currently in deportation proceedings before an immigration judge have been issued one of the documents above. Similarly, many immigrants have work permits, including many people with Temporary Protected Status or Deferred Action for Childhood Arrivals and many asylum applicants. People who have been paroled into the United States are considered registered even if the period of their parole has expired. 

Immigrants who do not have any of these documents may be considered unregistered. This includes people who entered without inspection and have had no subsequent contact with the federal government because they have previously been unable to seek legal status or even to register a—population that may number in the millions. It also includes people who have applied for some benefits, such as TPS or DACA, but who have not been fingerprinted and whose applications have not been approved. 

The new registration policy forces "unregistered” immigrants to choose between two risky options. Choosing to submit the designated form to the federal government, once it is available, may put them at risk of being placed in removal proceedings. Choosing not to submit it may put them at risk of future criminal prosecution for failing to register if they are apprehended by ICE at a later point. 

Additionally, it raises the possibility that immigrants who are already registered—including those with legal status—may be arrested and prosecuted for failing to carry proof of their registration with them at all times or failing to provide it to law enforcement when asked. 

Immigrant communities around the United States are already living in fear of the Trump administration’s scaled-up immigration enforcement efforts. News of the registration requirement is likely to exacerbate the fear and anxiety in these communities.  

Anxiety, especially when stoked by rumors and misinformation, can strike people who are not in fact targeted by a policy; it can also terrorize people (whether targeted or not) to the point of harm for themselves and their families. During the first Trump administration, for example, early reports of a regulation restricting access to legal immigration status for use of certain government benefits (the “public charge” regulation) led to noticeable and persistent declines in the use of public benefits including food stamps and Head Start— including benefits that were not ultimately restricted by the regulation, and persisting after the Biden administration rescinded the regulation.  

The American Immigration Council is working to ensure that our communications about this issue give people relevant information to make decisions and avoid terrorizing people who are already very afraid to go about their lives. 

Know Your Basics Rights with ICE:

You have the right to remain silent. You do NOT have to speak to ICE or answer questions. You should state clearly that you have the right to remain silent, and are choosing to do so.

If you are approached by an ICE officer, you can ask if you can leave, and if they say no you can say to them that you choose to remain silent.

You do NOT have to show an ICE officer identity documents that say you are from another country. (Do NOT show false documents or lie to an officer).

If you are detained by an ICE officer, you can say that you want to speak to a lawyer. One will not be provided to you, but if you do not have an attorney you can ask for a free attorney list to call. You also have the right to ask to contact your Embassy who can provide information about free attorneys. State as clearly as possible, “I want a lawyer.”

If an ICE officer comes to your home you do NOT have to open the door unless they have a proper warrant signed by a Judge. If they claim they have a warrant you can ask them to slide it under the door or put it up to the glass for you to review. If it is an immigration warrant, titled “Warrant of Removal/Deportation,” it does NOT give the officer the right to enter your home (you can ask them to leave).

A search or arrest warrant does give an officer legal permission to enter your home, however, it still has to meet certain requirements to be valid. It MUST be signed by a Judge and have your CORRECT name on it.

The warrant may be signed by someone who is not a judge. Their title will be listed near the signature, and it MUST say Judge. If the warrant lists someone who does not live at the home you can tell that to ICE and you do NOT need to open the door. If there are others living in your home, even children, make sure they understand this.

If you are detained by ICE, you do NOT have to sign any documents they present to you. You can ask for a lawyer before signing any documents.

*** Certain Lebanese nationals will be eligible for DED and TPS, allowing them to work and temporarily remain in the United States ***

WASHINGTON – The U.S. Department of Homeland Security (DHS) is announcing new actions to provide temporary immigration reprieve to eligible Lebanese nationals currently in the United States and allowing them the opportunity to request work authorization. Included in today’s announcement are details related to the Deferred Enforced Departure (DED) for Lebanese nationals as previously announced in July, and a planned new Temporary Protected Status (TPS) designation for Lebanon.

Secretary Mayorkas is announcing a new TPS designation for Lebanon for 18 months due to ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent nationals of Lebanon from returning in safety. Those approved for TPS will be able to remain in the country while the United States is in discussions to achieve a diplomatic resolution for lasting stability and security across the Israel-Lebanon border.

The designation of Lebanon for TPS will allow Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) who have been continuously residing in the United States since October 16, 2024 to file initial applications for TPS, if they are otherwise eligible. Lebanese nationals who entered the United States after October 16, 2024 will not be eligible for TPS. 

More information about TPS, including how to apply for employment authorization, will be included in a forthcoming Federal Register Notice which DHS intends to publish in the next few weeks. Individuals should not apply for TPS under this designation until this Federal Register Notice publishes.

DHS is also publishing a Special Student Relief Notice for F-1 nonimmigrant students whose country of citizenship is Lebanon, or individuals having no nationality who last habitually resided in Lebanon, so that eligible students may request employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain F-1 status through the DED designation period.

In total, approximately 11,000 Lebanese nationals will likely be eligible for DED and TPS pursuant to these actions. There are also approximately 1,740 F-1 nonimmigrant students from Lebanon in the United States who may be eligible for Special Student Relief.

President Biden is set to announce a new program for Parole in Place for Spouse's of US citizen that have been physically in the US for more than ten [10] years, but that are unable to currently Adjust their Status to Legal Permanent Resident because they entered the US without inspection (EWI). 

In a program scheduled to be live later this Summer, applicants will be able to apply for this Parole in Place without leaving the US, which will give them a lawful entry and allow them to obtain their Green Card based upon their marriage with a US citizen spouse where they can prove they've physically been in the US for at least ten [10] years. The marriage with the US citizen must have taken place PRIOR to June 17, 2024. Marriages that take place after this date will not be considered under this Parole in Place program based on what we know today.

Under President Obama, this issue had previously been addressed through the I-601(a) Provisional Waiver for Unlawful Presence, which is still available to this day. However this process was hard to obtain, and took years to process. With the new Biden Parole in Place application applicants that have been in the US for at least ten [10] years will be able to directly obtain their Green Card without the need of a I-601(a) waiver. 

More details are set to become availbale on this program over the course of the summer.  

Fact Sheet: DHS Announces New Process to Promote the Unity and Stability of Families

The Department of Homeland Security (DHS) announced actions to promote family unity in the immigration process, consistent with the Biden-Harris Administration’s commitment to keeping families together. This announcement utilizes existing authorities to promote family unity, but only Congress can fix our broken immigration system.

Under current law, noncitizens married to a U.S. citizen may apply for lawful permanent residence through their marriage to a U.S. citizen. However, to apply for lawful permanent residence, many noncitizens must first depart the United States and wait to be processed abroad, resulting in a prolonged, potentially indefinite, period of separation from their U.S. citizen family members and causing tremendous hardship to all concerned. Consequently, these families live in fear and face deep uncertainty about their future.

To address this challenge, DHS will establish a new process to consider, on a case-by-case basis, requests for certain noncitizen spouses of U.S. citizens who have lived in the United States for 10 years or more; do not pose a threat to public safety or national security; are otherwise eligible to apply for adjustment of status; and merit a favorable exercise of discretion. If eligible, these noncitizens will be able to apply for lawful permanent residence without having to leave the United States. DHS estimates that approximately 500,000 noncitizen spouses of U.S. citizens could be eligible to access this process; on average, these noncitizens have resided in the United States for 23 years. Approximately 50,000 children of these spouses also will be eligible for this process. Noncitizens who pose a threat to national security or public safety will not be eligible for this process, as aligned with our immigration enforcement priorities. If a noncitizen poses a threat to national security or public safety, DHS will detain, remove, or refer them to other federal agencies for further vetting, investigation, or prosecution as appropriate.

Today’s actions build on unprecedented steps by the Biden-Harris Administration to strengthen family unity including by implementing family reunification parole processes for nationals of Colombia, El Salvador, Guatemala, Honduras, and Ecuador; updating and modernizing the Cuban and Haitian family reunification parole processes; leading the Family Reunification Task Force to reunify nearly 800 children with their families who were separated; and establishing country-specific parole processes for certain nationals of Cuba, Haiti, Nicaragua, and Venezuela (CHNV) who have a U.S.-based supporter.

Eligibility and Process

To be considered on a case-by-case basis for this process, an individual must:

• Be present in the United States without admission or parole;
• Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
• Have a legally valid marriage to a U.S. citizen as of June 17, 2024.

In addition, individuals must have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and should otherwise merit a favorable exercise of discretion.

Noncitizen children of potential requestors may also be considered for parole under this process if they are physically present in the United States without admission or parole and have a qualifying stepchild relationship to a U.S. citizen as of June 17, 2024.

In order to be considered for parole, an individual will need to file a form with USCIS along with supporting documentation to show they meet the requirements and pay a fee. Further information regarding eligibility and the application process, including a notice in the Federal Register, will be published in the near term. USCIS will reject any filings or individual requests received before the date when the application period begins later this summer.

Upon receipt of a properly filed parole in place request USCIS will determine on a case-by-case basis whether a grant of parole is warranted and whether the applicant merits a favorable exercise of discretion. All requests will take into consideration the potential requestor’s previous immigration history, criminal history, the results of background checks and national security and public safety vetting, and any other relevant information available to or requested by USCIS. USCIS has strong processes in place to identify and address potential fraud, which will be applied here to ensure the integrity of this program.

Other Action

In addition, DHS will join the Department of State in an effort to more efficiently facilitate certain employment-based nonimmigrant visas for eligible individuals, including Deferred Action for Childhood Arrivals (DACA) recipients and undocumented noncitizens, who have graduated from an accredited U.S. institution of higher education. By clarifying and enhancing the existing process, the Department of State’s policy will give U.S. employers increased confidence that they can hire the talent they need, and that they will be able to quickly get to work. DHS will implement the Department of State’s policy update.

U.S. Citizenship and Immigration Services (USCIS) published a final rule to adjust certain immigration and naturalization benefit request fees for the first time since 2016. Ironically the new fees will be required starting on April Fool's Day 4/1/2024. 

It looks at first glance for Family Based Cases and Naturalization Cases that the new fees very similar to the old fees, without much increase. The largest difference will be for K-1 Visa clients who will expect to pay about $355 more than before from end to end with government fees including the Adjustment of Status proces at the end.

The smallest change is to Naturalization, which is only up by $35, but is actually less than before as it appears the new fee incorporates the biometrics fees that previously were charged separately.

At a Glance:

I-130 will move from $535 to be $675

I-129(f) will move from $535 to be $675

I-485 will move from $1,225 to be $1,440

N-400 will move from $725 to be $760

In Detail, the "FINAL FEE(s)" is the new amount that will be used as of April 1, 2024.

For immigration purposes, it is federal law that controls, and it remains a federal offense to possess marijuana. In particular, a noncitizen who admits to an immigration official that they possessed marijuana can be found inadmissible, denied entry into the United States, or have their application for lawful status or naturalization denied. Depending on the circumstances, it can make a lawful permanent resident deportable.

This is true even if the conduct was permitted under state law, the person never was convicted of a crime, and the conduct took place in their own home. State laws legalizing marijuana provide many benefits, but unfortunately, they also are a trap for unwary immigrants. Believing that they have done nothing wrong, immigrants may readily admit to officials that they possessed marijuana.

In some states, such as Washington, ICE, CIS, and/or CBP agents have aggressively asked noncitizens if they ever have possessed marijuana, in an attempt to find people inadmissible. In other states, such as California, CIS does not appear to be doing this, although CBP officials at border and internal checkpoints are.

State laws, like the laws in Ohio, that legalize marijuana fall into two categories. State medical marijuana laws typically require the person to have a doctor’s order. They permit buying, owning, using, and often growing a small amount of marijuana, but do not permit giving away, selling (without a license), or other conduct. State recreational marijuana laws don’t require a doctor’s order, but do require the person to be an adult. With some restrictions, they may permit buying, owning, using, growing, and giving away a small amount of marijuana, but not selling (without a license) or other conduct. States may also license businesses and other entities, and their employees, to engage in regulated commerce involving marijuana.

Regardless of state law, marijuana remains a federal Schedule I controlled substance. As such it can cause heavy penalties for immigrants. Just admitting to DHS that one possessed marijuana, or just being employed in the legitimate cannabis industry, can make a noncitizen inadmissible and conditionally (for a certain time period) barred from establishing good moral character – even if that conduct was permitted under state law.

Example: Carol uses medical marijuana according to her doctor’s instructions, in her own home. This is all legal in her state. But if she admits to DHS that she has done this, she can be found inadmissible and/or conditionally barred from establishing good moral character for admitting a federal controlled substance offense. This is true despite the fact that she never was convicted, she did not use marijuana on federal property, and she used it in accordance with the law of her state.

Example: Silvia used to work in the accounting department of Cannabis, Inc., a major corporation that is legal and duly licensed in her state. She pays state and federal income taxes like any lawful worker. She has never tried marijuana. If she provides her place of employment (for example, she lists it on her I-485 or N-400), DHS will say that it has “reason to believe” she is a drug trafficker. Or, they may ask her questions about the employment and have her “admit” to a federal offense. She can be found inadmissible and/or conditionally barred from establishing good moral character.

Example: Martin is an LPR who uses recreational marijuana legally in his home in Colorado. If he admits to DHS that he has used marijuana more than once, he could be conditionally barred from establishing good moral character required for naturalization, but he would not be deportable. As an LPR remaining within the United States, the only penalty for legal use of marijuana is that he must stop using it for some years before he can naturalize.

But say Martin visits his father in Mexico for a few days, and upon return a border officer finds a photo on his phone showing him in a marijuana shop. She carefully questions Martin, who admits that he uses marijuana sometimes “because it’s legal.” Now Martin is subject to the grounds of inadmissibility, and he is inadmissible. Unless he qualifies for and is granted some relief, like LPR cancellation, he will lose his green card and be permanently barred from the U.S. Or, if Martin had simply re-entered the U.S. after his with no problem, but years later immigration authorities discovered that he was using marijuana before that trip, they might claim that he is deportable for having been inadmissible at last entry (although Martin may have a defense). 

The advice is:

• Stay away from marijuana until you are a U.S. citizen.
• If you truly need medical marijuana, get a legal consult.
• Do not carry marijuana, a medical marijuana card, or marijuana stickers, t-shirts, etc.
• Remove any text or photos relating to marijuana from your social media and phone.
• If you have used marijuana, or worked in the industry, get a legal consult before leaving the United States or applying for naturalization or immigration status. 
• Never discuss conduct involving marijuana with immigration, border, consular, or law enforcement authorities -- unless your immigration attorney has advised that this is safe.

US cities have been grappling with large numbers fleeing economic and political turmoil in Venezuela. Some 243,000 Venezuelans already have the status stemming from a 2021 policy that was renewed last year.

Secretary of Homeland Security Alejandro N. Mayorkas today announced the extension and redesignation of Venezuela for Temporary Protected Status (TPS) for 18 months, due to extraordinary and temporary conditions in Venezuela that prevent individuals from safely returning. 

After reviewing the country conditions in Venezuela and consulting with interagency partners, Secretary Mayorkas determined that an 18-month TPS extension and redesignation are warranted based on Venezuela’s increased instability and lack of safety due to the enduring humanitarian, security, political, and environmental conditions. This redesignation provides temporary protection from removal, as well as employment authorization for individuals in the United States before July 31, 2023.

“Temporary protected status provides individuals already present in the United States with protection from removal when the conditions in their home country prevent their safe return,” said Secretary Alejandro Mayorkas. “That is the situation that Venezuelans who arrived here on or before July 31 of this year find themselves in. We are accordingly granting them the protection that the law provides. However, it is critical that Venezuelans understand that those who have arrived here after July 31, 2023 are not eligible for such protection, and instead will be removed when they are found to not have a legal basis to stay.”

Applicants for TPS under this redesignation must demonstrate that they are Venezuelan nationals (or individuals without nationality who last habitually resided in Venezuelan) who have been continuously residing in the United States since July 31, 2023 and meet other eligibility criteria.

 Redesignation Allows Additional Eligible Venezuelan Nationals in the U.S. to Apply for TPS and Employment Authorization Documents 

There are currently approximately 242,700 TPS beneficiaries under Venezuela’s existing TPS designation.  There are an additional approximately 472,000 nationals of Venezuela who may be eligible under the redesignation of Venezuela.

The forthcoming Federal Register notice will explain eligibility criteria, timelines, and procedures necessary for current beneficiaries to re-register and renew EADs, and for new applicants to submit an initial application under the redesignation and apply for an EAD. 

The Department of Homeland Security (DHS) announced plans to rescind its prior terminations of Temporary Protected Status (TPS) for El Salvador, Honduras, Nepal, and Nicaragua and extend TPS designations for all four countries for 18 months.

DHS will publish Federal Register notices for the El Salvador, Honduras, Nepal, and Nicaragua TPS rescissions and extensions and provide additional information on the re-registration process soon.

El Salvador
The extension of TPS for El Salvador from Sept. 10, 2023, through March 9, 2025, allows approximately 239,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under El Salvador’s existing designation or Salvadoran nationals (and individuals having no nationality who last habitually resided in El Salvador) who have continuously resided in the United States since Feb. 13, 2001, and have been continuously physically present since March 9, 2001, are eligible under this extension.

Honduras
The extension of TPS for Honduras from Jan. 6, 2024, through July 5, 2025, allows approximately 76,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Honduras’ existing designation or Honduran nationals (and individuals having no nationality who last habitually resided in Honduras) who have continuously resided in the United States since Dec. 30, 1998, and have been continuously physically present since Jan. 5, 1999, are eligible under this extension.

Nepal
The extension of TPS for Nepal from Dec. 25, 2023, through June 24, 2025, allows approximately 14,500 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Nepal’s existing designation or Nepali nationals (and individuals having no nationality who last habitually resided in Nepal) who have continuously resided in the United States since June 24, 2015, and have been continuously physically present since June 24, 2015, are eligible under this extension.

Nicaragua
The extension of TPS for Nicaragua from Jan. 6, 2024, through July 5, 2025, allows approximately 4,000 current beneficiaries to re-register to retain TPS under the extension, if they still meet TPS eligibility requirements. Only beneficiaries under Nicaragua’s existing designation or Nicaraguan nationals (and individuals having no nationality who last habitually resided in Nicaragua) who have continuously resided in the United States since Dec. 30, 1998, and have been continuously physically present since Jan. 5, 1999, are eligible under this extension.

More Information
Existing El Salvador, Honduras, Nepal, and Nicaragua TPS beneficiaries who wish to extend their status must re-register during the 60-day re-registration periods that will be detailed in notices that will be issued in the near future.

The rules will also automatically extend the validity of Employment Authorization Documents, Forms I-94, Arrival/Departure Record, and Forms I-797, Notice of Action (Approval Notice).

U.S. Citizenship and Immigration Services announced the expansion of premium processing for certain applicants filing Applications to Extend / Change Nonimmigrant Status, requesting a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 nonimmigrant status. 

The premium processing expansion for these categories will occur in phases.

• Beginning June 13, we will accept Form I-907 requests, filed via paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, who have a pending Form I-539.

• Beginning June 26, we will accept Form I-907 requests, filed via either paper form or online, for applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status, when filed together with a Form I-539.