--Updated November 7, 2018--
The travel ban is in full effect. What does this mean for you and your family if you are from one of the banned countries such as Iran? What happens if you have a pending case? An upcoming embassy interview? What if you are in administrative processing? We will address these frequently asked questions that we receive every single day from many clients and their families.
Short answer: Yes, but in certain situations. H-4 status is for spouses and unmarried children (child must be under 21 years old) of the principal H-1b visa holder. H-1b dependents are allowed to attend school, extend their status, and change status. However, when it comes to a work permit, H-4 dependents have to meet a higher benchmark.
Starting Today, You are Blocked From Traveling to USA if From Iran, Syria, Yemen, and Others, Unless You Qualify for Exceptions - Supreme Court Rules
Today, December 4, 2017, the Supreme Court has allowed the third version of President Trump's travel ban to come back. Citizens of the eight countries listed (Iran, Somalia, Syria, Yemen, Libya, Chad, North Korea, and Venezuela) are NOT allowed to travel to the United States, unless they qualify for an exception. Previously, in June 2017, the Supreme Court allowed the travel ban to come back, but in a limited way. The Court stated that an immigrant from one of the banned countries was required to have a personal or professional relationship in the United States, which was defined as a relationship with a qualifying family member in the United States or a professional relationship with a U.S. company or university. But now, such a qualifying relationship does NOT matter, as the Supreme Court has now ruled that the travel ban can be implemented to the FULLEST extent.
It is a common misconception to think that prior approval from immigration agencies will be a positive factor for new immigration applications. That is not always the case. And, in fact, immigration agencies came out with a new explicit rule this fall that prior approval will not be taken into consideration when evaluating extensions of nonimmigrant visas.
The United States Citizenship and Immigration Services (USCIS) announced this fall that in accordance with President Trump’s Executive Order issued on March 6, 2017, all applicants that filed an I-140 (Immigration Petition for Alien Worker) will be required to attend an interview.
HAPPY NEWS: Travel Ban 3.0 BLOCKED by Hawaii once again. This decision will likely be appealed. We have to wait to see what the Supreme Court does ultimately once it sets oral arguments. But, for now, GREAT news!
On September 24, 2017, President Trump issued a new travel ban…again. The newest travel ban is a “presidential proclamation” instead of an “executive order.” In practical terms, the title does not make a difference – it is still a travel ban that stops immigration from several Muslim-majority countries, with a few additional countries added. It is important to note that there is one particularly concerning detail in the new ban.
The Trump administration announced on September 5, 2017, that they will be ending the Deferred Action for Childhood Arrival (DACA) program. DACA is a law that allows undocumented immigrants that qualify to receive two-year work permits and to receive an exemption from deportation. President Obama created the immigration policy in 2012 to stall deportation efforts against immigrants that were brought to the United States as children.
The Deferred Action for Childhood Arrival (DACA) is a law that allows undocumented immigrants that qualify to receive two-year work permits and to receive an exemption from deportation. President Obama created the immigration policy in 2012 to stall deportation efforts against immigrants that were brought to the United States as children. The concept behind the policy is that immigrant children should not face deportation consequences for their parents’ immigration actions.
President Trump issued a Muslim Travel Ban earlier in the year prohibiting travel of foreign nationals from six Muslim-majority countries: Syria, Iran, Libya, Somalia, Sudan, and Yemen. However, the Muslim Travel Ban was blocked by courts in various states. On Monday, June 26, 2017, the United States Supreme Court agreed to hear the case on the Muslim Travel Ban to resolve the issue once and for all. The Supreme Court will hear oral arguments in October 2017. Until a final decision is made, the Supreme Court has allowed a limited version of the Muslim Travel Ban to go back into effect.
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