Allan S. Lolly & Assoc. APC

The Department of State announced it will resume routine visa processing in phases. The prior administration stopped visa processing of certain visa classes by issuing proclamations. The Biden administration lifted those restrictions. Now, the state department will prioritize certain immigrant and non-immigrant visa processing.

On January 20, 2021, President Biden issued a Presidential Memorandum entitled, Preserving and Fortifying Deferred Action for Childhood Arrivals (DACA) (The Memo). The Memo directs the Secretary of Homeland Security, in consultation with the Attorney General, to take all actions he deems appropriate consistent with applicable law, to preserve and fortify DACA.

On July 16, 2019, the U.S. Department of Justice (DOJ) and U.S. Department of Homeland Security (DHS) published a joint rule in the Federal Register attempting to limit access to asylum for individuals who traveled through a third country on their way to the United States. With limited exceptions, the new rule barred asylum for any person who, enters or attempts to enter the United States across the southern border, but who did not apply for protection from persecution or torture where it was available in at least one third country outside the alien’s country of citizenship, nationality, or last lawful habitual residence through which he or she transited en route to the United States.

On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions issued against DHS’s Public Charge Rule. In its order, the panel majority vacated a nationwide injunction issued by the Eastern District of Washington. Consequently, it remains unclear whether the Eastern District of Washington will need to revisit its order to address the scope of relief.

The U.S. District Court for the District of Columbia in Milligan, et al. v. Pompeo, et al., 11/19/20, held that the US Department of State for consular affairs acted unlawfully in suspending processing of K-1 visas in the 31 countries. The President issued a series of Proclamations during 2020 relating to COVID-19 concerns. But, the State Department misapplied the Proclamations.

On November 14, 2020, Judge Nicholas G. Garaufis issued an opinion of the court in Batalla Vidal v. Wolf, holding: Mr. Wolf was not lawfully serving as Acting Secretary of Homeland Security under the Homeland Security Act (HSA) when he issued the July 28, 2020 memorandum. Plaintiffs’ motions for summary judgment are therefore GRANTED as to their claims under the HSA, and Defendant’s cross-motions are DENIED. Mr. Wolf did not (and does not) possess the power to ratify any of his former actions.

On November 2, 2020, the U.S. district court for the Northern District of Illinois granted summary judgment in favor of plaintiffs on their claim that DHS’s Public Charge Rule, 84 Fed. Reg. 41,292 (Aug. 14, 2019) violates the Administrative Procedure Act, 5 U.S.C. 701 et. seq. The district court specifically ruled that the public charge rule: Exceeds DHS’s authority under the public charge provision of the INA, 8 U.S.C. 1182(a)(4)(A);... Is not in accordance with law; and Is arbitrary and capricious. See more

A new decision by the US Board of Immigration Appeals reminds us that couples must be careful when filing for US marriage visas or green cards. An immigration officer can deny a petition when the information or documentation is insufficient to show the marriage is genuine. Left unchallenged, such a finding can open the door to a claim of marriage fraud down the road.

A foreign child who is abused by a parent who is a US citizen or lawful permanent resident (green card holder) may apply for immigration protections under the Violence Against Women’s Act, or VAWA. We are here to help and to give you information and guide you as needed!

A foreign parent who is abused by a U.S. citizen son or daughter may apply for immigration protections under the Violence Against Women Act, or VAWA. We are very easy to talk to in this office, so please just call if you are having difficulties in your abusive child and want solutions. All calls are confidential. Your child never needs to know you filed a VAWA claim, and you don’t need to discuss it with him or her. We are here to help you and to give you information so you can decide what you want to do!

Gay Man in a Difficult Marriage?! VAWA protects foreign husbands from domestic abuse. Men who have suffered abuse have a claim for a green card under VAWA.

The Violence Against Women Act is a body of law that gives relief to victims of domestic violence. Domestic violence can include either physical or emotional abuse. Emotional abuse alone is more difficult to prove because you must show extreme cruelty.

Most states allow a foreign fiance to marry in the US even if they entered illegally. No matter your country of citizenship, all people are normally able to marry in the state in which he or she resides, regardless of immigration status. There are also neighboring states, or even Las Vegas, if the state you live in does not allow you to marry.

The Public Charge rule has created quite the stir among immigrants. For those foreigners trying to adjust status in the US and obtain a green card, they must be screened for public charge issues. Traditionally, this means that the foreigner must not be a vagrant on the street, collecting basic welfare. The USCIS conducted a records search to learn whether the foreigner has received certain welfare benefits.

Now that you are in the U.S. as always, you never know when you will find love. You are dating or engaged and you and your US citizen partner decide to marry. Our office can assist you in obtaining US permanent residency based on the marriage. The goal would be to process things while you remain in the US, so long as this is your preference.

In Las Americas v Trump, the US District Court of Oregon allows a complaint brought by immigration advocates against the Trump Administration to proceed. It alleges that the Trump Administration has turned the immigration court system into a deportation machine against asylum seekers and other noncitizens. As such, the lawsuit asks the court to end the unlawful practice of mass deportations without adequate consideration and fair treatment. Legitimate asylum seekers are some of the most vulnerable people on Earth, deserving of protection.

On July 29, 2020, US District Judge George B. Daniels for the Southern District of New York enjoined the government from enforcing, applying, implementing, or treating as effective, the USCIS Final Rule on Inadmissibility on Public Charge Grounds (84 FR 41292, 8/14/19) during the COVID-19 pandemic.

The Department of Homeland Security approves and issues all green cards. The Department of State through its consular posts outside the US issues all marriage visas. It is possible to process the marriage visa and also pre-process the green card so that the green card issues shortly upon the foreign applicant’s arrival in the US.

Can I Marry in the US with a tourist visa? In most cases, it is possible for a foreigner to marry in the US while on a tourist visa, and then remain in the US to obtain a green card. There are various types of visas that are more problematic. Each case is different.

The USCIS issued a Policy Alert on July 15, 2020, reminding USCIS officers that they have discretion to deny immigration benefits in nearly every application. Notably, the Policy Alert specifically refers to the EAD Employment Authorization Document for foreigners to work in the U.S. Do you want to know what it states?

On July 6, 2020, ICE issued a revision to its policy regarding online courses for F-1 and M-1 visa holders. Normally, foreign students must attend classes in person. An exception was made for Spring and Summer courses this year due to COVID-19 to allow foreign students to take more online courses than would normally be permitted. That policy is now more restrictive