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Recent Blog Posts
Are Farm Defenses to Deportation and Other Defenses Valid?
With the change in administration, there are many undocumented immigrants in the United States who are anxious and fearful of what the coming months will bring – and with good reason. Very recently, the farm industry warned that the deportation plans in the works could upend the United States food supply since nearly half of all U.S. farm workers lack legal status.
Farmers are now seeking expanded legal pathways for their agricultural laborers and asking that the new administration make an exception for these workers. So far, the new administration has not committed to any exemptions, although it has been stated that deportation will first focus on undocumented immigrants who have broken the law and those with final deportation orders.
At this point, it is unclear whether these mass deportations will take place immediately and whether normal avenues and defenses to deportation will remain valid. Agriculture and related industries contributed $1.5 trillion to the U.S. gross domestic product in 2023, and there is a legal option for hiring labor with the H-2A visa program.
USCIS Updates Policy Guidance Clarifying Expedited Requests
The USCIS Policy Manual is being updated to clarify how expedited immigration requests are handled. An expedited request could be related to an emergency, an urgent humanitarian situation, or other requests, described more fully below. The USCIS updated policy reiterates that when an expedited request is made by a federal government agency or on behalf of government interests, the request is usually granted. If you have questions regarding an expedited request, speaking to an experienced Carrollton, TX immigration attorney from John W. Lawit, LLC can be beneficial.
What Are the Most Common Reasons for Expedited Requests?
USCIS can expedite certain cases based on stated criteria, including:
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Certain types of emergencies or urgent humanitarian situations, including imminent childbirth, a death in the family, or a severe medical emergency.
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Significant financial loss, including the loss of a job or the loss of crucial public benefits.
The Path to a Green Card for Domestic Violence Victims
Immigrants experiencing domestic violence can get help fighting deportation and pursuing permanent residency without relying on their marriage. While you may feel alone, this is not the case. It is important to know that both citizenship and escaping your abuser are possible. The Violence Against Women Act (VAWA) offers protections for immigrants seeking a visa.
Under VAWA, the process of a visa is confidential. This means that a spouse who has controlled you with threats of deportation does not have to know that you have taken steps to gain permanent residency. If you can safely find a way to contact an Arlington, TX VAWA visa attorney from John W. Lawit, LLC, we will take every precaution to protect you while working toward your citizenship.
What is the Violence Against Women Act?
In 1994, the Violence Against Women Act was passed as a landmark legislation that reflected the progress our nation has made in reducing domestic violence and supporting the survivors of domestic violence. Between 1993 and 2022, the yearly domestic violence rates dropped by 67 percent, and rape and sexual assaults against women declined by 56 percent.
Visa Processing for Third Country Nonimmigrants Canceled
As of September 3, 2024, United States consulates in Mexico have halted visa applications from third-country nationals. A third-country national is an individual that:
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Is not a citizen of the U.S. and is not a citizen of the country assigned to for employment.
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Is eligible for return travel to his or her home country or the country he or she was recruited from if employed.
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Has a direct-hire, personal service agreement, or personal service contract position.
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Is on a limited appointment for a specified length of time.
Generally, a third-country nonimmigrant is recruited from outside the host country and then relocated from the recruitment point to the host country. An attorney experienced in nonimmigrant visas can give you more information about this recent development. If you are a third-country nonimmigrant with a visa in the works or you are at the point of submitting a visa, it can be helpful to speak to an experienced Addison, TX, immigration attorney.
Policy Updates Regarding Eligibility for OPT and STEM Fields
Noncitizens are allowed to study at universities and colleges in the United States under an F-1 nonimmigrant visa. Under Curricular Practical Training, Optional Practical Training, and STEM, F-1 students could be allowed to participate in off-campus training/employment. Recently, the USCIS Policy Manual has been updated to clarify the requirements for off-campus F-1 employment. Specific policy manual updates are detailed below.
The rules and laws associated with F-1 nonimmigrant visas – as well as many other immigration issues – are complex. These rules change frequently, often dependent on the current U.S. administration. For clarification or to receive answers to your questions regarding F-1 nonimmigrant visas, other types of visas, green cards, removal, and much more, speak to an experienced Grapevine, TX immigration lawyer from John W. Lawit, LLC.
Court Ruling Affirms H-1B Spouse Work Authorization
Spouses of H-1B visa holders, along with their employers, have reason to celebrate following a United States Court of Appeals for a D.C. Circuit ruling on an issue sent to the court last April. The decision was announced on August 2nd, affirming a district court’s grant of summary judgment in Save Jobs USA v. DHS. Save Jobs USA is an organization made up of IT workers who say H-1B workers and their spouses took jobs that should be filled by qualified American citizens. Save Jobs has consistently opposed allowing H-1B spouses to work in the U.S.
Despite Save Jobs' continuing opposition, the new ruling allows spouses of workers here on an H-1B visa to work while waiting for their own employment-based authorization. Additionally, the new decision is potentially significant for the continuance of Optional Practical Training for international students.
Second H-1B Visa Lottery Opens – With a Caveat
In an unexpected turn, the H-1B Visa lottery that closed on June 30th failed to receive enough applicants, so a second lottery has been announced to meet the cap numerical allocation for Fiscal Year 2025. Applicants who were not selected in the initial H-1B Visa lottery held in March 2024 will have another chance during this second round of selections. While immigration is often a subject full of more questions than answers, this is an outstanding opportunity for those who qualify.
The caveat in this second round is that there will likely be no selections for the advanced degree exemption, as the first round yielded enough registrations and petitions to meet the cap numerical allocation. USCIS takes 85,000 H-1B Visa applications each year – which equals 0.05 percent of the U.S. labor force. Of those, 25,000 are advanced degree holders, and the remainder are BA or BS holders.
Texas SB4: Supreme Court Halts Controversial Immigration Law
In a significant development for Texas immigration policy, the implementation of Senate Bill 4 (SB4) has been temporarily blocked by the United States Supreme Court. However, an administrative stay issued by Justice Samuel Alito has put the brakes on what many consider to be one of the most stringent state-level immigration laws in recent history. A Texas lawyer can help you to determine how and if this could affect you.
What is SB4?
SB4, signed into law by Governor Greg Abbott in December, represents a bold attempt by Texas to assert control over immigration enforcement within its borders. The law would grant Texas peace officers the authority to arrest and deport individuals suspected of crossing the border illegally. This marks a significant departure from current practice, where immigration enforcement is primarily the domain of federal authorities. Important provisions of SB4 include:
What You Should Know About the New USCIS Fee Changes
The United States Citizenship and Immigration Services (USCIS) has recently implemented significant changes to its fee structure, causing ripples throughout the immigration system. These alterations have introduced new complexities and potential pitfalls for applicants. Understanding these changes is important for anyone navigating the immigration process. If you are trying to immigrate to the United States or dealing with any immigration-related issues for yourself or a loved one, our Texas immigration lawyer can help you.
The New Fee Structure Leads to Complications
USCIS has restructured its fee system, breaking up applications for green cards into different fee groups. This fragmentation has created confusion about which applications are necessary for specific situations. The consequences of applying for the wrong category can be severe, potentially delaying applications and even causing immigrants to fall out of status. Important changes to keep in mind include:
How Might U.S. Immigration Policy Change After the 2024 Election?
Immigration has become an important political issue. In 2005, there were only about five percentage points difference in how Republicans and Democrats viewed immigration. Since then, that gap has widened significantly—in 2019, views on immigration between the two parties were 47 percent apart. Today, the issue of immigration takes the top spot with a majority of American voters. In April 2024 a Wall Street Journal poll found that immigration had edged out the economy and is now the most important issue for voters. Changing immigration policies from both parties has taken a toll on those trying to make the United States their home. The issue is crucial for the 11.4 million people who live and work in America but lack paperwork.
From our offices in Irving, Texas and Albuquerque, New Mexico, we serve clients throughout the metro area including but not limited to Dallas, Grand Prairie, Carrollton, Coppell, Frisco, Plano, Dallas County, Bedford, Grapevine, Euless, Arlington, Tarrant County, Denton County, Santa Fe, Rio Rancho, Bernalillo County, Cibola County, Torrance County, Sandoval County.
