May 15 - 21 America’s Immigration Paradox New York Times | David Nasaw | May 19 “For historians of immigration, the paradox is inescapable and irreconcilable: The United States is and has always been both a nation of immigrants and a nation that periodically wages war against them...Immigration historians are like the blind men in the ancient Indian parable who come upon an elephant. The first man, falling against the animal’s side, proclaims that he has found a wall; the second, feeling the tusk, a spear; the third, grabbling the trunk, a snake.” Immigration Study Finds H1-B Visas Help U.S. College Grads Forbes | Stuart Anderson | May 19 ““H-1B visa holders do not adversely affect U.S. workers,” according to a new study by economist Madeline Zavodny for the National Foundation for American Policy. “On the contrary, the evidence points to the presence of H-1B visa holders being associated with lower unemployment rates and faster earnings growth among college graduates, including recent college graduates. Further, the results suggest that, if anything, being in a field with more H-1B visa holders makes it more likely that U.S.-born young college graduates work in a job closely related to their college major.”” Immigrants Without Legal Status Can Begin Applying for State Coronavirus Relief Los Angeles Times | Matthew Ormseth | May 18 “Californians living in the U.S. illegally may begin applying for disaster assistance payments of $500 per person and up to $1,000 per household. The state government has made available $75 million to help a projected 150,000 immigrants without legal status weather the coronavirus crisis. To qualify, applicants must show that they are ineligible for federal assistance programs stemming from the COVID-19 pandemic, such as the CARES Act or federal unemployment benefits, and that they have endured a hardship from the pandemic. Only adults may apply. A state guide to common questions and answers about the program is posted online.”
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May 8 - 14 With US Naturalization Ceremonies on Hold, Former Refugee Continues to Help Pay Application Fees
VOA | Aline Barros | May 13 “The U.S. Citizenship and Immigration Services (USCIS) has not been conducting in-person interviews and oath ceremonies for immigrants seeking to become naturalized citizens since March due to the coronavirus pandemic. As a result, legal experts say thousands of people may not be naturalized in time for the U.S. 2020 presidential election. In the meantime, a former refugee from Kenya continues his efforts to help people applying for U.S. citizenship." They Lost Their Jobs. Now They May Have to Leave the U.S. New York Times | Miriam Jordan | May 12 “The lives of tens of thousands of foreign workers on skilled-worker visas, such as H-1Bs, have been upended by the economic fallout from the Covid-19 crisis. Many have been waiting in a backlog for several years to obtain permanent legal residency through their employer, and now face the prospect of deportation. The Trump administration is also expected within the next few weeks to halt the issuance of new work visas such as the H-1B, for high skilled foreigners, and the H-2B, for seasonal employment. The new measures under review, according to two current and two former government immigration officials, would also eliminate a program that enables foreign graduates of American universitiesto remain in the country and work.” Immigrants - Essential, Ignored, Persecuted - are Committed ot the U.S. Where’s Our Gratitude? Washington Post | León Krauze | May 11 “The coronavirus pandemic has shocked America’s economy, and one of the groups that has suffered greatly is the vast Hispanic community. A recent Washington Post-Ipsos poll captured the extent of the anguish: Latinos are almost twice as likely as whites to have been laid off or furloughed during the crisis. Unemployment among Hispanics has risen to 18.9 percent. More than one in five Hispanic men have either lost their jobs or seen their hours reduced.” May 1 - 7 Immigration Review Could Lead to New H-1B Visa Restrictions
Forbes | Stuart Anderson | May 7 “The Trump administration may soon propose another set of immigration restrictions, this time on H-1B visas for foreign-born scientists and engineers. Some observers view these public displays of limiting immigration as an effort to deflect criticism of the administration’s handling of the coronavirus pandemic. Before enacting new measures, analysts recommend the administration take into account the restrictions on H-1Bs already in current law, including the low annual limit for new H-1B petitions, and the high denial rates imposed by U.S. Citizenship and Immigration Services (USCIS). The latest data show H-1B denial rates are at record levels.” While She Treated Coronavirus Patients, the US Denied Her a Green Card CNN | Catherine E. Shoichet | May 6 “A New York doctor who's been treating coronavirus patients says she's still reeling days after getting a devastating letter: Her green card application was denied. "I'm putting my life on the line every day to do this, and it's just blowing my mind right now that they are not appreciating it or they don't see the value in what I'm offering to do," Dr. Julia Iafrate told CNN's Chris Cuomo on Tuesday. "I'm honestly beside myself. It's like a slap in the face."” COVID-19’s Distinctive Footprint on Immigrants in the United States The Hill | Goldie Mcquaid and Diana Fishbein | May 07 “The transformation of the lives of most Americans into the “new normal” necessitated by the response to COVID-19 is truly unparalleled. But for the most vulnerable members of our society — the impoverished and marginalized — the crisis has only served to further entrench preexisting conditions, constraints and fears...The harsh reality for immigrants is that while they assume valuable positions in our society, they accept lower wages and their work poses greater hazards and fewer protections against injury, including the contraction and circulation of illnesses like COVID-19. Several meat packing plants, where workers include refugees who have immigrated from around the world, have become COVID-19 hotspots; e.g., the plant in South Dakota, where many of their employees are immigrants, comprises over 40 percent of the state’s positive cases.” April 24 - 30 What is at Stake as the Supreme Court Weighs the Future of Immigrant “Dreamers’ Reuters | Ted Hesson | April 30 “Trump, a Republican, moved in 2017 to phase out the Deferred Action for Childhood Arrivals (DACA) program. His administration argued the initiative of his Democratic predecessor Barack Obama was unconstitutional and would not withstand legal challenges. Several federal courts blocked Trump’s attempt to terminate the DACA program. The case went to the Supreme Court, which heard arguments in November.” US Can Soon Start Sending People Seeking Asylum to Honduras Associated Press | Ben Fox | April 30 “At the moment, the new agreement would seem to be unnecessary because the U.S. is quickly expelling most people it encounters along the U.S.-Mexico border under an emergency public health order signed by President Donald Trump last month in response to the coronavirus outbreak. That order was renewed for 30 days and is set to expire next month. Critics say both the new agreement and the earlier one with Guatemala, the subject of a legal challenge, represent a retreat by the U.S. from its obligations under international law to provide a sanctuary to people seeking refuge from persecution. Neither Honduras nor Guatemala has the capacity to accept and resettle refugees, so people will likely just return eventually to whatever danger they fled in their home countries, said Yael Schacher, senior U.S advocate for Refugees International.” Internal ICE Reviews of Two Immigrant Deaths Stoke Fears About COVID-19 Care NPR | Joel Rose | April 29 “When Carlos Mejia-Bonilla was detained by immigration authorities a few years ago, he told the health care staff at the Hudson County Correctional Facility in New Jersey that he was taking medicine for a range of conditions, including diabetes, anemia, high blood pressure and cirrhosis of the liver. Ten weeks later, he died of gastrointestinal bleeding. An internal investigation by U.S. Immigration and Customs Enforcement found that Bonilla was denied necessary medical care. The care he did receive in ICE detention was "outside the scope of safe practice," ICE's investigators concluded, and contributed to his death.” Foreign Students Anxious Over Immigration Order VOA | Aline Barros | April 29 “The U.S. government’s recent executive order to suspend the issuance of Lawful Permanent Resident permits (green cards) has left international students at U.S. colleges and universities uncertain about their enrollment and future plans. Though the decision does not directly affect student visas, it left open the option to review nonimmigrant programs “within 30 days of the effective date of this proclamation” and could recommend “other measures to stimulate the United States economy” (during the COVID-19 crisis). Student visas are under the nonimmigrant visa category issued to foreign nationals seeking to enter the United States on a temporary basis.” April 17 - 23 Trump Signs Immigration Order Featuring Numerous Exemptions
Associated Press | Jill Colvin and Elliot Spagat | April 23 "President Donald Trump claimed Wednesday that he had signed an executive order “temporarily suspending immigration into the United States.” But experts say the order will merely delay the issuance of green cards for a minority of applicants. Trump said his move was necessary to help Americans find work in an economy ravaged by the coronavirus. “This will ensure that unemployed Americans of all backgrounds will be first in line for jobs as our economy reopens,” he said." Acting Homeland Security Chief Suggests Additional Immigration Measures Could Be Coming CNN | Geneva Sands, Kevin Liptak, and Maegan Vasquez | April 23. "Acting Homeland Security Secretary Chad Wolf said Thursday that President Donald Trump's immigration executive order is a first step, teasing additional measures aimed at non-immigrant temporary visas. "That is something that the department has been looking at for the past several months, so we are well underway and look forward to presenting to the President those recommendations for additional steps," he said during a Fox News interview. Trump signed his executive order barring some immigration to the United States on Wednesday evening, nearly 48 hours after announcing the move on Twitter. The order directs the Department of Homeland and Security and the Department of Labor to look at additional recommendations, said Wolf.” Supreme Court Sides with Government in Immigration Case Washington Post | Associated Press | April 23 “The Supreme Court is making it harder for noncitizens who are authorized to live permanently in the United States to argue they should be allowed to stay in the country if they’ve committed crimes. The decision Thursday split the court 5-4 along ideological lines. The decision came in the case of Andre Barton, a Jamaican national and green card holder." 
Recently an 86-year-old man called our office to find out about divorcing his 82-year-old wife. For sake of anonymity, he'll be referred to as Paul. He complained that he and his wife have been arguing a lot lately and he needs to leave. Prior to the quarantine, he was able to leave the house and spend time with friends and family. However, since the quarantine began, he's been confined to his one-bedroom apartment with his wife of over 50 years.
Now Paul says his wife is driving him crazy and he wants to divorce her, then move back to the Philippines as soon as the lockdown ends. Paul wanted to know what legal options are available to him. It's calls like these that show that we can't take our mental health for granted in these unprecedented times. However, it was apparent that Paul needs more help than the legal assistance an attorney can provide. A lawyer can help him on the legal consequences of separation or divorce, but an attorney is not a therapist. Paul would be well-served by undergoing counseling to help him with the emotional stress he's experiencing as a result of the lockdown. Lockdowns Have Increased Calls to Authorities and Lawyers Cases of domestic violence have risen sharply since the stay at home orders were put into place by many state governors. Now people have to choose between going out and risking infection or staying home and living with their abusers. Abuse comes in mental and/or physical forms which tends to get worse when there's no other outlet available for both parties. Some family law attorneys are seeing an increase in the amount of calls from potential clients looking for legal guidance since early March of this year. The timing of the coronavirus lockdowns and increase in calls are not mutually exclusive. Some law enforcement agencies in the U.S. confirm that they have also seen an increase in calls for domestic violence. The quarantine is exposing cracks in relationships and highlighting the fact that many people aren't living harmoniously with their partners. Many people want out of the relationship and are turning to legal options for ending the relationship. This raises the question of "are people seeking to divorce because irreconcilable differences have become insurmountable, or is this a temporary state brought on by the crisis?" It's not a question that is easily answered, and it's something that a lawyer isn't equipped to handle. In fact, the increase in domestic violence has risen to the point that the United Nations has put out a call to combat the surge in domestic violence around the world. Unfortunately, the call may have come too late for many. Governments at all levels were unprepared for the surge in calls. Public resources such as the police, support hotlines, and shelters have been overwhelmed which means a lot of people will go without help. The feeling of helplessness and the perception of a lack of help can drive people to take drastic measures. The Importance of Self-Care The experts say that everyone needs to prioritize their psychological health in times of crisis. No one, no matter how healthy, can handle confinement for long. Now more than ever people need to connect to one other, talk about what's on their mind, and find creative outlets for their energy. Instead of thinking about how the other person in the household is irritating or aggravating, do something that directs the energy in a different direction. Take a walk, find a craft, watch videos, or simply go into another room and close the door. Putting oneself first is key to stopping a situation before it starts. There is never anything wrong with walking away from a bad situation, especially when a domestic partner is involved. A lockdown may expose cracks in a relationship, but consider counseling before calling a family law lawyer and starting an even more stressful process. ​ April 10 - 16 Why California is Giving its Own Stimulus Checks to Undocumented Immigrants
CNN | Madeline Holcombe and Catherine E. Shoichet | April 16 “Undocumented immigrants aren't getting stimulus checks from the federal government, but in California they'll be eligible for cash payments from a $125 million coronavirus disaster relief fund. "We feel a deep sense of gratitude for people that are in fear of deportation but are still addressing the essential needs of tens of millions of Californians," Gov. Gavin Newsom said as he announced the new fund on Wednesday…The one-time benefit will provide $500 of support per adult, with a cap of $1,000 per household, Newsom's office said. The fund combines $75 million in state donations with $50 million from private philanthropists.” U.S. Immigration Agency Targets Coronavirus-Related Fraud Reuters | Ted Hesson | April 16 “Coronavirus fraud is being targeted by the U.S. Immigration and Customs Enforcement under a new operation that has led to the seizure of bogus protective equipment and COVID-19 test kits, and over $3 million in illicit proceeds, the agency said on Wednesday.Operation Stolen Promise was launched as a direct response to a spike in criminal activity since the coronavirus outbreak, ICE said in a statement, noting it will collaborate with the FBI, Internal Revenue Service and other U.S. and international partners. As of Tuesday, ICE’s homeland security investigations unit had seized 225 shipments of fraudulent products, opened over 130 probes nationwide, made nine arrests, executed seven search warrants, and sinkholed over 11,000 COVID-19 domain names, the agency said." Undocumented Immigrants, Essential to the U.S. Economy, Deserve Federal Help Too Washington Post | León Krauze | April 14 “The novel coronavirus has been particularly harsh on immigrants. After facing years of harassment and persecution from the Trump administration, the 11 million undocumented immigrants living in the United States have now been left unprotected, unable to receive aid from the government’s historic stimulus package, even though they pay billions of dollars in taxes every year. Local and state officials, especially those in immigrant-friendly states such as California, are scrambling to find a way to help their undocumented communities, but it might not be enough. Without appropriate federal support, prompt access to more effective unemployment benefits or paid sick leave for those in need, many communities could be devastated.”  Getting a visa for immigration to the U.S. is tougher than ever. COVID-19, or coronavirus, has caused U.S. embassies to cancel routine immigrant and non-immigrant visa appointments in many countries as of March 20, 2020. Those who have applied and are waiting for approval are now facing an even longer wait to get visas and see their family in the U.S. Many people have been waiting years to get their visas and the coronavirus has the potential to add more years to the wait.
Why the Wait is so Long The coronavirus has caused a reduction in staffing numbers at the National Visa Center (NVC) which processes immigrant visas from all around the world. The NVC receives and pre-processes immigrant visas that have been approved by the U.S. Citizenship and Immigration Services (USCIS). A visa that has been pre-processed will be pulled for issuance when the priority date meets the cut-off date. A lack of staff at the NVC directly impacts the timely processing of immigrant visas and slows down approval for those who have reached this critical juncture for approval. Another aspect complicating visa issuance is the fact the current administration has made it more difficult for people from many countries to immigrate to the United States. Those who have family already in the United States typically rely on that connection to get a family based immigrant visa and start their journey towards a green card. Unfortunately, the State Department will only issue a total of 226,000 visas for family and 156,000 for employment visas in 2020. Meanwhile, countries like Mexico and the Philippines have a total of 1,200,000 and 291,392 applicants respectively. Over 3 million people from around the world have submitted applications to apply for immigration to the United States. The restrictive numbers for visa issuance is making it harder than ever and wait times to get a visa even longer. The dream of becoming a U.S. citizen is pushed further out of reach for many who want to take advantage of their family connections in the States. It's time to get creative and think outside of the box when it comes to immigration visas. Applying for a Visa Under a Different Category The family based immigration strategy for those with relatives already living in the U.S. is normally the strongest option for getting residency, but it's not the only one. An individual may be eligible for a visa under different criteria and spend less time waiting to immigrate. Employment visas are one potential option as they can get an individual in the U.S. more quickly along with employment. The most famous employment visa is the H1-B which covers specialty occupations such as technology. It's a non-immigrant and dual-intent visa that has the potential to allow for permanent migration. Another type of employment visa that's less well-known is the L-1B or intracompany transferee specialized knowledge visa. This visa is also non-immigrant and there may be an option to petition for a change in status and work towards gaining residency. Some visa categories don't have a quota, but require the building of or investment in a new or existing business. The E-2 investor visa program requires an individual to invest in and retain control of a business after it's been established. The visa also extends to non-investor employees who are essential to the operation. The E-2 lasts anywhere from three months to five years and are extendable indefinitely. No one can predict what the future may bring, and coronavirus makes the future more uncertain than ever. Start planning a new visa strategy as soon as possible and get around the quotas and wait times. April 3rd - 9th Coronavirus: Attorneys, Advocates File Emergency Motion to Halt In-Person Immigration Hearings
San Francisco Chronicle | Tatiana Sanchez | April 8 "Immigration advocates and attorneys on Wednesday asked a federal judge to temporarily halt in-person court hearings for detained immigrants, arguing that the government’s decision to continue doing so during the coronavirus pandemic “unnecessarily endangers all participants.” The National Immigration Project of the National Lawyers Guild, the American Immigration Lawyers Association and the Immigration Justice Campaign filed the request for a temporary restraining order against the Executive Office for Immigration Review and Immigration and Customs Enforcement in U.S. District Court in Washington, D.C. The group is also asking a federal judge to facilitate remote confidential communication between attorneys and detained clients." More than 400,000 People Barred from Becoming Citizens due to Coronavirus: Report The Hill | Zack Budryk | April 7 "Hundreds of thousands of people may be unable to complete the process to become American citizens in time for the November election due to the coronavirus pandemic, according to tech firm Boundless Immigration, which helps immigrants apply for citizenship and green cards. U.S. Citizenship and Immigration Services (USCIS) "did the right thing by pausing live oath ceremonies and live interviews, there’s no dispute about that," Boundless Immigration co-founder Doug Rand, a former immigration adviser to President Obama, told NBC News. "The problem is USCIS hasn’t come up with a next step and come up with remote pathways for people to take the oath and do interviews," he added, saying the agency should explore alternate methods of administering the oath." The Trump Administration is Raising the Application Fee for U.S. Citizenship. That will Cost the U.S. Later On Washington Post | Michael Hotard and David D. Laitin | April 7 "In November, the Department of Homeland Security proposed increasing fees for all immigrants’ applications or requests, including a 61 percent hike in the fee for naturalization. The department also proposed eliminating the fee waiver program for potential low-income beneficiaries, which in 2017 served approximately 40 percent of applicants for naturalization. The comment period for these proposed changes ended Feb. 10, and DHS must now review the thousands of public comments before issuing a final rule in the Federal Register, possibly later this year. If realized, these fee increases would make it more expensive for eligible lawful permanent residents to become citizens of the United States — and for some, would put citizenship entirely out of reach."  The world as we know it is currently fighting a pandemic. COVID-19 is a deadly disease that has been ravaging the world since the last week of December in 2019. The disease is characterized by high fever, cough, tiredness, difficulty breathing, and its ability to be transmitted from person to person with amazing rapidity. It is this rapid spread that has created the dire need for healthcare professionals from all areas and from all locations to band together to fight the disease. Front line healthcare workers are exposed directly to patients that have tested positive, greatly increasing their own risk of contracting the disease or taking it home to their families. Most of these workers are also taking on shifts that well exceed the norm lasting over 12 hours in some cases. The emotional toll as well as physical and mental toll that the pandemic has had on workers compounded by the fact that they now have to worry about their work status and their livelihood is simply unacceptable and ultimately heartbreaking.
COVID-19 and Foreign Healthcare Professionals Many health care professionals are temporary foreign workers. Many of them are Filipinos. These vital workers are experienced, they have the compassion, and they have the desire to do more and to work to help treat this disease. Foreign healthcare workers that are currently working in the United States are now fighting back against expiring work visas, difficulty meeting deadlines for status and work permits and other time constraints that make it difficult for these critical workers to stay in the United States and continue to fight against a disease that is sure to cause great damage to the country. Our healthcare system in the United States is already severely overburdened and stretched thin. The removal of these vital foreign healthcare workers would not only create a shortage in bodies to help work the front lines, but also a shortage of the bright and shining minds that they bring to the table. At any given time there are literally thousands of foreign healthcare workers including doctors and other medical professionals in our country and their absence would surely be felt. Immigrant Status Expiring Foreign healthcare workers that are spending hours on the frontline working to take care of individuals that are sick or dying are in danger of not retaining their legal status. The reason is that USCIS or Immigration Service has not extended the deadlines. A suit filed the American Immigration Lawyers Association (AILA) states that the COVID-19 pandemic is what would be considered an extraordinary circumstance that is beyond the control of the employers and the employees and therefore the deadlines should be extended automatically to allow these foreign workers to remain in the United States and continue their current efforts. These healthcare workers are already dealing with the physical and mental stress that comes with working the front lines of a pandemic, should they really be made to deal with expiring visas and work restrictions as well? Keep Them Legal Relaxing immigration policies for foreign healthcare workers is needed to maintain the current number of nurses and doctors in the frontlines. USCIS has the ability and the power to create blanket authorizations to extend the legal status of these foreign workers, We are currently in a make or break situation. Circumstances are so different, so out of the ordinary and so challenging that we as a people must adapt. Under normal circumstances it would not be necessary to change immigration policies. In times of great challenge it is the nature of people to adapt. Now is the time that the USCIS needs to adapt. These challenges are not likely to go away overnight or even in a matter of weeks. We need to standby our foreign health care workers. |
AuthorLazaro Law Group, Managing Attorney Archives
May 2020
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