KPB Immigration Law Firm

Sunday, March 22, 2020

COVID-19 UPDATE. Part 2. Travel to/from Mexico and Latin America.

COVID-19 UPDATE. Part 2. Travel to/from Mexico and Latin America.

The Trump Administration imposed the following restrictions on travel to and from Mexico and Latin America:

On March 20, DHS announced that the United States and Mexico are restricting non-essential travel across the southwest border. The restrictions started yesterday, March 21.
These restrictions cover the entire US-Mexico land border.
They will stay in place for a period of 30 days subject to extension upon review
These limits do not cover plane travel, although there have been fewer flights between Mexico and the US and longer delays

The CDC has issued a specific warning against traveling to Brazil, which is considered the Latin American country with the widest spread of the virus

Actions by other Latin American countries:

Several Latin American countries including Guatemala, El Salvador and Peru have closed their borders including to US citizens in response to the epidemic.

· This has included travel out of such countries often leaving US citizens stranded indefinitely in these countries.

Below are the limitations on travel country-by-country and CDC recommendations with respect to travel to each:

Argentina

· Argentina on March 15 announced it was closing its borders to all incoming foreigners for at least two weeks. The ban does not apply to legal permanent residents.

· The decision to ban most foreigners came days after Argentina announced it would halt all flights from the United States and Europe starting on March 16.

· CDC recommends that older adults and people of any age with serious chronic medical conditions should consider postponing nonessential travel there (Category 2) but it is not subject to a Category 3 warning against travel there.

Bolivia

· On March 12, President Jeanine Áñez announced the cessation of all flights to and from Europe, as well as rigorous control measures at the country’s borders. Any person entering will be subject to medical screening outlined by the World Health Organization, Ms. Áñez said.

Brazil

· As of March 14, Brazil had not imposed travel restrictions. Its health ministry recommended that all passengers who arrive on international flights remain at home for at least seven days and seek medical help if they develop coronavirus symptoms.

· The CDC has issued a Category 3 warning for Brazil. That means that the CDC recommends that travelers avoid all nonessential travel to Brazil. It is considered the only Latin American country with widespread transmission of the virus.

Chile

· The government announced on March 16 that it would close its borders to all foreigners starting on March 18 for an undetermined period. Chileans returning home from areas with a significant number of cases of the coronavirus must quarantine for 14 days.

Colombia

· The government announced on March 13 that it would shut down the seven border crossings along its border with Venezuela. Starting March 16, Colombia will bar entry to any foreigner who has been to Europe or Asia within the past 14 days. Colombians who return from affected areas will be subject to mandatory quarantine for 14 days.

Costa Rica

· The government announced on March 16 that it would close its borders to all coming foreigners effective March 18. Costa Rican citizens and permanent residents who arrive in the country will be subject to a mandatory 14-day quarantine.

Dominican Republic

· Flights from Milan into the Dominican Republic have been canceled, according to the U.S. Embassy, and all travelers arriving in the country must complete a travel history form. Passengers from China or Italy, including those without any sign of Covid-19 symptoms, may have to quarantine at home. Incoming cruise ships also may be barred from docking.

· CDC recommends that older adults and people of any age with serious chronic medical

conditions should consider postponing nonessential travel there (Category 2) but it is not subject to a Category 3 warning against travel there.

Ecuador

· Beginning March 16 at 11:59 p.m., no one, including citizens and residents, will be allowed to enter the country for the next 21 days.

El Salvador

· On March 11, El Salvador announced it would bar entry to all foreigners, except accredited diplomats and legal permanent residents.

Guatemala

· Guatemala President Alejandro Giammattei announced on March 16 that the country was closing its borders for 15 days.

Peru

· The government on March 15 declared a state of emergency and shut down its borders for at least 15 days, starting on March 16. The measure means all international flights will be canceled. Officials are also restricting the movement of people across provinces.

Uruguay

· On March 15, Uruguay announced it would halt all flights from Europe starting March 20. It had announced earlier that all passengers arriving from China, South Korea, Japan, Singapore, Iran, Spain, Italy, France and Germany must go into mandatory quarantine for 14 days.

Venezuela

· On March 12, Venezuela announced it would suspend all flights from Colombia and European countries for at least a month.

[Information taken from The Center for Disease Control: (https://www.cdc.gov/coronavirus/2019-ncov/travelers/map-and-travel-notices.html ) and the New York Times: (https://www.nytimes.com/article/coronavirus-travel-restrictions.html)

JOINT STATEMENT OF U.S. AND MEXICAN GOVERNMENTS

· The joint statement of the U.S. and Mexican governments on the pandemic reads as follows:

The strong partnership and close cooperation between the United States and Mexico has allowed us to maintain a productive border environment. We value the health and safety of our citizens and keep that at the forefront of joint decisions made by our respective leaders regarding cross-border operations.

· Recognizing the robust trade relationship between the United States and Mexico, we agree our two countries, in response to the ongoing global and regional health situation, require particular measures both to protect bilateral trade and our countries’ economies and ensure the health of our nations’ citizens. We agree to the need for a dedicated joint effort to prevent spread of the COVID-19 virus and address the economic effects resulting from reduced mobility along our shared border.

· The U.S. and Mexican governments further recognize critical services such as food, fuel, healthcare and life-saving medicines must reach people on both sides of the border every day. Essential travel must therefore continue unimpeded during this time. In order to ensure that essential travel can continue, the United States and Mexico are also temporarily restricting all non-essential travel across its borders.

· “Non-essential” travel includes travel that is considered tourism or recreational in nature. Additionally, we are encouraging people to exercise caution by avoiding unnecessary contact with others. This collaborative and reciprocal initiative is an extension of our nations’ prudent approach that values the health and safety of our citizens in the joint decisions made by our respective leaders regarding cross-border operations.

· This joint initiative will commence at 00:01 Saturday March 21 throughout the USMexico land border for a period of 30 days subject to extension upon review.

You can read the entire joint statement of the U.S. and Mexican governments at: https://content.govdelivery.com/accounts/USDHS/bulletins/2824934

COVID-19 UPDATE. Part 1. Trump Administration Limits on Travel Worldwide.

COVID-19 UPDATE. Part 1. Trump Administration Limits on Travel Worldwide.

As the pandemic has grown, the Administration has gradually limited visas and travel from other parts of the world:

On January 31st, the Trump Administration shut down travel to the U.S. from China;
On February 29^th, the Administration extended that ban to Iran;
Then in mid-March, the Administration extended that ban to most of Europe: closing off travel from most of the continent with exceptions made for U.S. citizens, permanent residents and their family members;
All persons not affected by the travel restrictions, arriving from travel-restricted countries into designated airports, are being requested to self-quarantine for 14 days upon arrival to their final destinations;
Starting March 20, the U.S. borders with Mexico and Canada were closed to all non-essential travel; for more details, see Part Two of these updates.

· Also in March, the US Department of State issued a Level 4 (“Do Not Travel”) advisory for all international travel. This advises US citizens not to travel at all internationally, and if they’re outside the US, they should arrange for immediate return back home, unless they are prepared to remain abroad for an indefinite period.

For more specific information on this subject, please review the information and links below:

March 17, 2020

On March 17, 2020, DHS issued an updated Fact Sheet for notice of travel restrictions as a result of COVID-19. The U.K. and Ireland have been added to the list of countries with travel restrictions into the United States. Additionally, the list of designated airports where Americans will be allowed to fly into, effective 11:59 pm (ET), March 13, 2020, now include Boston-Logan International Airport (BOS), Massachusetts and Miami International Airport (MIA), Florida. All persons not affected by the travel restrictions, arriving from travel-restricted countries into designated airports, are being requested to self-quarantine for 14 days upon arrival to their final destinations.

March 12, 2020

President Trump has issued three proclamations in recent weeks suspending the entry into the United States, as immigrants or nonimmigrants, of individuals who were physically present within the Schengen Area, the Islamic Republic of Iran, and the People’s Republic of China during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions. This practice alert outlines the scope of each of these proclamations. AILA members can read the full text of these proclamations on AILA’s Featured Issue Page: https://www.aila.org/advo-media/issues/all/covid-19

Schengen Area

On March 11, President Trump issued a proclamation, effective 11:59 pm (ET), March 13, 2020, that with some exemptions, suspends and limits the entry into the United States, as immigrants or nonimmigrants, of individuals who were physically present within the Schengen Area during the 14-day period preceding their entry or attempted entry into the United States. The proclamation will remain in effect until terminated by the President.

During an address to the nation on Wednesday night from the Oval Office, President Trump stated that this suspension will remain in place for at least 30 days in an effort to stop the spread of the coronavirus. It has since been reported by some media outlets that the President has indicated that it is possible that the suspension could extend beyond, or end before, the 30 days.

For purposes of this proclamation, the Schengen Area comprises 26 European states: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland.

The suspension and limitation on entry of this proclamation does not apply to:

· persons aboard a flight scheduled to arrive in the United Sates that departed prior to 11:59 pm (EST) on March 13, 2020;

· any lawful permanent resident (LPR) of the United States;

· any alien who is the spouse of a U.S. citizen or LPR;

· any alien who is the parent or legal guardian of a U.S. citizen or LPR, provided that the U.S. citizen or LPR is unmarried and under the age of 21;

· any alien who is the sibling of a U.S. citizen or LPR, provided that both are unmarried and under the age of 21;

· any alien who is the child, foster child, or ward of a U.S. citizen or LPR, or who is a prospective adoptee seeking to enter the United States pursuant to the IR-4 or IH-4 visa classifications;

· any alien traveling at the invitation of the U.S. Government for a purpose related to containment or mitigation of the virus;

· any alien traveling pursuant to a C-1, D, or C-1/D nonimmigrant visa as a crewmember or any alien otherwise traveling to the U.S. as air or sea crew;

· any alien (A) seeking entry into or transiting the U.S. pursuant to one of the following visas: A-1, A2, C-2, C-3 (as a foreign government official or immediate family member of an official), E-1 (as an employee of TECRO or TECO or the employee’s immediate family members), G-1, G-2, G-3, G-4, NATO-1 through NATO-4, or NATO-6 (or seeking to enter as a nonimmigrant in one of those NATO categories); or (B) whose travel falls within the scope of section 11 of the United Nations Headquarters Agreement;

· any alien whose entry would not pose a significant risk of introducing, transmitting, or spreading the virus, as determined by the Secretary of Health and Human Services, through the CDC Director or his designee;

· any alien whose entry would further important U.S. law enforcement objectives, as determined by the Secretary of State, Secretary of Homeland Security, or their respective designees, based on a recommendation of the Attorney General or his designee;

· any alien whose entry would be in the national interest, as determined by the Secretary of State, Secretary of Homeland Security, or their designees; or

· members of the U.S. Armed Forces and spouses and children of members of the U.S. Armed Forces.

Please note that two other presidential proclamations restricting travel to the United States based on concerns regarding the transmission of the 2019 Novel Coronavirus remain in effect:

Islamic Republic of Iran

On February 29, President Trump issued Proclamation 9992 suspending and limiting the entry of all individuals who were physically present within the Islamic Republic of Iran during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.This proclamation is in effect as of Monday, March 2.

This proclamation does not apply to U.S. citizens or lawful permanent residents of the United States. Foreign diplomats traveling to the United States on A or G visas are excepted from this proclamation. Other exceptions include certain family members of U.S. citizens or lawful permanent residents, including spouses, children (under the age of 21), parents (provided that the U.S. citizen or lawful permanent resident is unmarried and under the age of 21), and siblings (provided that both the sibling and the U.S. citizen or lawful permanent resident are unmarried and under the age of 21). There is also an exception for crew traveling to the United States on C, D or C1/D visas.

People’s Republic of China

On January 31, 2020, President Trump issued Proclamation 9984 suspending and limiting the entry of all individuals who were physically present in the People’s Republic of China, excluding the Special Administrative Regions of Hong Kong and Macau, during the 14-day period preceding their entry or attempted entry into the United States, subject to certain exceptions.The proclamation is in effect as of Sunday, February 2.

For more information about the Presidential Proclamation impacting travel from the People’s Republic of China, please see Practice Alert: Coronavirus Impact on Individuals Seeking Entry into the United States After Travel in China and on U.S. Consular Processing in China.

Designated U.S. Airports to Receive Flights with Recent Travelers to China or Iran

Per instructions issued by DHS for inbound flights with individuals who have been in China and Iran, the Department of Homeland Security, in coordination with the Transportation Security Administration, Center for Disease Control, and airlines, has directed all such flights to the United States to eleven airports, where health protocols have been implemented to account for treatment and handling of individuals who might have contracted the virus. Those returning from the Schengen nations may also be routed to these 11 airports. These airports include:

· John F. Kennedy International Airport (JFK) in New York

· Chicago O’Hare International Airport (ORD) in Illinois

· San Francisco International Airport (SFO) in California

· Seattle-Tacoma International Airport (SEA) in Washington

· Daniel K Inouye International Airport (HNL) in Hawaii,

· Hartsfield-Jackson Atlanta International Airport (ATL) in Georgia

· Newark Liberty International Airport (EWR) in New Jersey

· Dallas/Fort Worth International Airport (DFW) in Texas

· Detroit Metropolitan Airport (DTW) in Michigan

· Los Angeles International Airport (LAX) in California, and

· Washington-Dulles International Airport (IAD) in Virginia

UPDATE ON COVID-19 AND IMMIGRATION POLICY.

UPDATE ON COVID-19 AND IMMIGRATION POLICY.

In an attempt to update our clients and colleagues on evolving changes in immigration policy, law and procedure in response to COVID-19, we’ll be providing updates on our Facebook page (https://www.facebook.com/Kerosky.Purves.Bogue/). These will cover interim policies by the Department of Homeland Security (ICE, CIS, CBP), the Immigration Courts (EOIR) and other departments of the Trump Administration.

In each case, more details on each subject can be found on our blog (English) https://www.blogger.com/blogger.g?blogID=2703305973287682389#allposts

And (Spanish): https://www.blogger.com/blogger.g?blogID=6259469893665134068#allposts/src=sidebar

Thursday, December 12, 2019

HOUSE PASSES BILL TO PROVIDE AGRICULTURAL VISA

HOUSE PASSES BILL TO PROVIDE AGRICULTURAL VISA

Yesterday, the House passed the Farm Workforce Modernization Act which would establish a new program for agricultural workers in the United States – similar to DACA – which would allow workers employed on a continuing basis in agriculture to obtain legal status. The status would be as a “Certified Agricultural Worker” (CAW). The visa would be for three years and could be renewed. Spouses and minor children would obtain status too.

Additionally, this bill streamlines and simplifies the H-2A program to make the program more attractive for employers and employees.

The program has an annual cap, but the cap could be increased upon request of the Secretaries of Agriculture and Labor.

The bill passed with a bipartisan vote of 260-165. Even though it was supported by significant numbers of Democrats and Republicans, it is not clear if it can pass in the Senate or whether Donald Trump would sign it into law.

Monday, December 9, 2019

NEW H1B REGISTRATION SYSTEM WILL BE IMPLEMENTED THIS MARCH

NEW H1B REGISTRATION SYSTEM WILL BE IMPLEMENTED THIS MARCH

Starting in March, employers who wish to file H-1B petitions for their employees must register each employee / applicant in a lottery to take place before the filing season starts on April 1^st.

The initial registration period will open from March 1 through March 20, 2020. During this period, the electronic registration must be submitted by the employer or its authorized representative.

If the number of registrations exceeds the H-1B numerical allocation, a lottery will be conducted between March 20 and March 31, 2020. Only those petitioners who “win the lottery” – in other words are selected in the first group of eligible applicants – will be able to file a cap-subject petition for that candidate.

The H-1B petition will then still need to be found eligible in all respects in order to obtain approval.

Under current law, no more than 65,000 H-1B visas can be issued each year. This quota has been used up in the first week of the application process for each of the last 5 years. So, in the past, applications had to be submitted on April 1^st and any applications submitted later were typically not considered.

This new procedure will prevent employers from having to submit applications to CIS, knowing that only approximately one-third will even be considered.

However, because the lottery is occurring so late (March 20-31^st) it will require many lawyers to have the petitions largely prepared before getting the lottery results.

For more information on the H-1b visa and the eligibility requirements under the law, go to: https://kpblawfirm.blogspot.com/2019/02/howto-obtain-professional-visa-h-1b-by.html

Saturday, November 9, 2019

This Week’s Supreme Court Argument on DACA: What’s at Stake?

This Week’s Supreme Court Argument on DACA: What’s at Stake?

By Christopher Kerosky, Esq.

On Tuesday, Supreme Court will hear oral arguments on the legality of the Trump Administration’s termination of the DACA program.

Here is what’s at stake: https://www.sonomacountygazette.com/sonoma-county-news/immigration-stories-by-christopher-kerosky-october-2019?fbclid=IwAR2tT41YFeqeemAPqKazhL3IjflIZSxyRc2EhtNEb5Y3LUHOgv-n6ROV-eU#.Xcdzu-2O0gM.facebook

The status of the legal battle over DACA.

On September 5, 2017, Donald Trump announced the rescission of the DACA program. Those who have DACA status were to begin to lose their status on March 5, 2018, but a San Francisco District Court judge ordered the government to continue renewals. While that case was pending, two other federal judges issued similar injunctions against Trump.

Earlier in 2018, the Administration asked the U.S. Supreme Court to expedite its review of these rulings but the Supreme Court refused. In the meantime, the San Francisco judge’s decision was appealed to the Ninth Circuit Court of Appeals.

In November, 2018, that Court ruled in favor of the DACA recipients and against the Trump Administration. The decision of the three-judge panel was unanimous. While this is not a final decision, it affirms the lower court’s injunction requiring the administration to keep the program open for renewals. The Ninth Circuit Court of Appeals in San Francisco told the Trump Administration it acted without legal basis when it sought to closed down DACA. To read the decision: https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000927

"We conclude that plaintiffs are likely to succeed on their claim that the rescission of DACA -- at least as justified on this record -- is arbitrary, capricious, or otherwise not in accordance with law," reads the opinion.

Two other circuit courts – in New York and the District of Columbia—have also ruled against the Trump Administration, issuing similar orders requiring the program to remain open. All three of these decisions are in front of the Supreme Court.

The Supreme Court will hear oral argument on this on Tuesday and likely issue a ruling in June of next year. They will rule on whether Trump’s elimination of DACA was in fact “arbitrary and capricious” and therefore violated the Administrative Procedure Act. The highly-divided Supreme Court will probably render a 5-4 decision with Chief Justice Roberts being the likely deciding vote. A lot will be riding on what that one jurist thinks.

Who can apply for DACA now?

For now, persons who already have DACA can continue filing renewals. I recommend that applicants do so at least 150 days before their DACA expires.

Unfortunately, new applicants are still not eligible. That means, young kids turning 15 who would have been eligible for this legal status, are now still subject to deportation.

Also, the Trump Administration denies DACA holders the permission to travel – a privilege that was previously available under Obama. This often results in tragic consequences. I know a 19-year-old college student who spent their entire life here, but unknowingly lost his status by taking a weekend trip to Tijuana. He now is stuck in his home country without a way to return for the foreseeable future.

What about DACA legislation?

In June, the House of Representatives passed the Dream and Promise Act, H.R. 6, by a vote of 237-187, pretty much along party lines. This bill, which would have given DACA recipients a path to residence, was never considered in the Senate. Senate Majority Leader Mitch McConnell refused to let it come to a vote.

Future of 800,000 DACA recipients on the line.

There are about 800,000 people in the U.S. with DACA status. All of these DACA recipients will retain their legal status only if the Supreme Court rules against Trump. If the Court rules with Trump, these DACA recipients will be subject to deportation upon expiration of their current 2-year-permit. If the Court rules against Trump, their DACA status will continue indefinitely