Current Events, News, Alerts and More

Read about important events, news, and alerts from Parker Butte & Lane PC in Portland, OR, below

Scrutiny of Visa Applicants, Green Card Holders, Students, Exchange Visitors Heightened Under Trump Administration – The Trump administration is increasingly scrutinizing visa applicants and even permanent residents (green card holders) and has placed a "temporary pause" on certain green card applications "to do more vetting."   Secretary of State Marco Rubio recently sent a cable to some Department of State employees on enhanced screening and social media vetting of visa applicants. Among other things, the cable states that effective immediately, consular officers must refer new or returning student and exchange visitor (F, M, and J) visa applicants to the Fraud Prevention Unit (FPU) for a mandatory social media check if they meet certain criteria:

·        An applicant who the officer has reason to believe has openly advocated for a designated foreign terrorist organization;

·        An applicant who was previously in the United States in F-1, M-1, or J-1 visa status between October 7, 2023, and August 31, 2024;

·        An applicant whose previous SEVIS record was terminated between October 7, 2023, and the present.

Some students on visas or even with green cards, have been detained and targeted for removal under INA § 237(a)(4)(C)(i), which authorizes the Secretary of State to "personally determine that [an] alien's presence would compromise a compelling U.S. foreign policy interest" even if their statements, associations, and beliefs would be lawful.

ABIL: Tips for International Travelers Entering the United States – Travel to the United States has gotten trickier in recent months.  Below is a summary of tips recommended by the Alliance of Business Immigration Lawyers for international travelers to the United States:

·        Make sure all of your documents are in order and have not expired, and that you do not have a renewal application pending. Consult with an immigration attorney before traveling for advice in specific situations.

·        Consider not entering the United States now if your country is on a proposed "red" list of travel ban countries, which includes Afghanistan, Bhutan, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Venezuela, and Yemen.

·        Remember that U.S. Customs and Border Patrol officers have wide leeway at ports of entry to decide who enters and who does not, regardless of visa status, and to conduct electronic searches. They can require travelers to unlock cell phones, reveal laptop passwords, or give officers their digital cameras, for example. U.S. citizens and green card holders can refuse to answer questions (other than those establishing identity and status) and still enter the country (although this could lead to delays or seizure of devices), but those with visas do not have the same rights. The American Civil Liberties Union of Northern California advises not giving up your green card voluntarily. Some advise turning off phones and wiping data from all devices before passing through a port of entry.

·        If your device is confiscated, request the name, badge number, and agency of the officer, and ask for a receipt or call the agency to request one.

·        Keep your immigration attorney's contact information handy, along with contact information for a local friend. If it appears that you might be going into secondary inspection, you can text your friend and ask them to get in touch with your immigration attorney.

·        Keep in mind that in the past, rejected travelers were often put on the next plane out, but more recently, some have been detained for days, weeks, or more.

·        Check your home country's travel advisories and warnings before traveling. Consider deferring travel to or from the United States if not necessary.

·        If you are referred to secondary inspection, request an interpreter if needed and available. There ordinarily will be a transcript (official record) of the questions and answers also.

USCIS Reaches H-2B Cap for Second Half of FY 2025; Filing Dates Now Available for Supplemental Visas – U.S. Citizenship and Immigration Services has received enough petitions to meet the H-2B statutory cap for the second half of fiscal year 2025. Also, the filing dates for supplemental H-2B visas for the remainder of this fiscal year are now available.

Parker Butte & Lane PC in Portland, OR, can be reached at 503-241-1320. Check back often for updates.