Tills Visa Law

Stephen K. Tills, Attorney at LAW

Author Archive: tillsvisalaw

The New “Public Charge” Rules

The Trump administration has published proposed new rules to discourage Immigrants and visitors from becoming dependent on public benefits after their admission to the U.S..  The proposed rules would require disclosure of the applicant’s history of receipt of any monetary benefits, so DHS is proposing to consider all federal, state, local, and tribal cash assistance …

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Change to Asylum Policy aimed at Central American Asylum seekers

Attorney General Sessions announced today that U.S. asylum will no longer be available to persons fleeing gang violence and domestic abuse caused by private persecutors. The policy appears to be aimed squarely at those seeking asylum from Central America, mainly Guatemala, Honduras, El  Salvardore, and Nicaragua.  What do those countries have in common?  Their governments …

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Supreme Court voids deportation based on Aggravated Felony ground “Crime of Violence”, but effect on deportation proceedings may not be significant.

In Dimaya v. Sessions,  ( https://www.supremecourt.gov/opinions/17pdf/15-1498_1b8e.pdf) The Supreme Court found that the category of aggravated felony “crime of violence” was too vague to be enforceable.  The Court found that deciding whether State criminal statutes qualified as a “crime of violence“,  and therefore an aggravated felony, was too difficult because of the vagueness of the term …

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New Regulations to discourage Immigrants’ use of public benefits

The Trump administration intends to implement new rules aimed at the use of public benefits by Immigrants and visitors to the U.S..  Historically, U.S. Immigration law has required that Immigrants and visitors show that they have private financial means for their support in the U.S..  Both must provide “Affidavit of  Support” forms prior to being …

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Visas for Dairy Farm workers

A House subcommittee recently passed a proposed bill that would allow Dairy Farms to hire foreign workers.  The current law for agricultural workers (H-2A) does not allow for year-round employment of workers, but only seasonal, so dairy farms have been unable to petition for workers in that category. On 10/23/17, Representative Bob Goodlatte (R-VA) introduced …

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Change in regulation is intended to discourage short-term visitors from obtaining Green cards through marriage to a U.S.C.

In September, 2017, the Trump administration issued a new regulation in the Foreign Affairs Manual (FAM) that discourages foreign nationals who intend to marry U.S. citizens from entering the U.S. as visitors.   This provision increases the time period before which visitors can marry without it resulting in a presumption of misrepresentation at entry. (The …

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A.G. announces end to DACA program

DACA:  Deferred Action for Childhood Arrivals Deferred Action is not a permanent lawful status in the U.S., only temporary.The Action being deferred is deportation. It is not Lawful Permanent Resident (green card) status, and thus it does not offer a path to citizenship. Renewals accepted for additional 6 months Those seeking to renew their DACA …

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Trump Implements Increased Vetting of Visa Applicants

The Trump administration has enhanced the screening of Visa applicants in 3 recent measures.  These actions support the campaign promise use extreme vetting of visa applicants. First,  the recent program of expedited visas for certain non-immigrants has been cancelled.  Second,  DOS has added a new form form, DS-5535, Supplemental Questions for Visa Applicants,   which standardizes the collection …

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The DAPA amnesty provision is dropped by Trump administration.

Deferred Action for Childhood Arrivals (DACA) 2017 The Obama Administration’s Executive Action known as  Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) has been eliminated by the Trump administration.  But recall that the proposed program was halted by a Federal Judge in Texas in 2015, and was never implemented. That leaves the original …

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Immigration Courts embrace Trump’s New Immigration Policies.

It is becoming obvious to us that the Immigration Courts have changed policies following the issuance of the DHS Enforcement Memos. No changes have been announced by the federal agency, EOIR, in charge of the conduct of Immigration Courts, but the change is evident. All those with cases before the Immigration Judge should be aware …

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