 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.
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 Domestic travel usually meant leaving the passport at home, but starting on January 22, 2018, residents from the following six states will be required to use their passports as identification at airport security.
 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.
 In our last article, we discussed what airport security and border agents can search on your phone, laptop, and social media. This week we outline what precautions you can take to ensure that your privacy is protected at the border. The key to protecting your privacy is to setup safeguards before you travel.
 Border control agents at the airport have great leeway on what they can search from persons to belongings. The 4th Amendment of the Constitution protects against unreasonable searches. However, searches at the border fall under a special exception that allows border agents to have a greater ability to search you and your belongings.
In the age of electronic devices that store nearly our entire lives, the issue of how far the border search exception can reach into our digital world has not been fully settled. Thus, there is no uniform implementation and your experience can vary based on the airport and the border control agent. However, there are some general rules, precautions, and tips that you should know if you ever encounter this situation. |
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Immigration lawyer Najmeh Mahmoudjafari (ImmigraTrust Law) represents immigration law clients nationwide (all 50 States), globally and also in and around Orange County, including: Costa Mesa | Corona del Mar | Cypress | Fountain Valley | Garden Grove | Huntington Beach | Irvine | Los Alamitos | Mission Viejo | Newport Beach | Orange | Santa Ana | Stanton | Tustin | Westminster
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