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Orange County Immigration & Naturalization Law Blog

President Trump's "Buy American, Hire American" Executive Order

On April 18th, President Trump signed an executive order which focused on two areas of the administration's policy: protection of American jobs ("Hire American") and preference for U.S.-manufactured goods ("Buy American"). With regards to the protection of U.S. jobs, the order includes a section directed to the H-1B visa program.

NEW IMMIGRATION AVENUE FOR ENTREPRENEURS

On January 17, 2017, the Department of Homeland Security ("DHS") published its final adaptation of the International Entrepreneur Rule ("Rule"). The Rule authorizes DHS to exercise its discretion to grant parole to foreign entrepreneurs who would provide a significant public benefit to the United States. Significant public benefit includes enhancing innovation, generating capital investments, and creating jobs. The parole period is valid for up to 30 months and may be extended for an additional 30 months.

For B-1/B-2 Visitors Who Wish to Attend School in the U.S.

On April 5th, CIS updated its Special Instructions for B-1/B-2 Visitors who want to Enroll in School. Studying in the United States while in B-1 or B-2 status is prohibited. The regulations specifically prohibit B-1/B-2 visitors from enrolling in a course of study in the United States. (8 CFR 214.2(b)(&)). A "course of study" refers to a formal educational program that leads to an academic degree or vocational certification. Short recreational classes or courses, nowhere are permitted. For instance, one may enroll in a cooking class while on vacation with a visitor visa.

Exciting Developments for TPS beneficiaries

Temporary Protected Status (TPS) is a temporary immigration status in the United States, which the Secretary of Homeland Security has the authority to grant to nationals of certain countries. Countries qualify for a TPS designation when they face ongoing armed conflicts, environmental disasters, or other extraordinary and temporary conditions, which prevent their citizens from returning home safely. At the present, thirteen countries have TPS designation. They include El Salvador, Guinea, Haiti, Honduras, Liberia, Nepal, Nicaragua, Sierra Leone, Somalia, Sudan, South Sudan, Syria, and Yemen.

The Trump Administration on Sanctuary Cities

Generally, a sanctuary city is viewed as a place where individuals without lawful immigration status may reside without undue fear of targeted raids, harassment, and mass deportation. So-called sanctuary cities do not provide immunity to those residing in the U.S. without status. Anyone who resides in the United States without authorization is at some risk of deportation.

Undocumented parents - what you need to know.

Recent developments in immigration law have certainly caused a great deal of fear and worry among immigrant families. Fear can either propel to action or can immobilize and paralyze. In recent articles, it has been our goal to offer words of hope. Having correct information and knowledge should empower, and prepare those who are uncertain about their future in the United States.

Executive Order 2.0

On March 6, 2017, President Trump made a second attempt at protecting the nation from the submission of foreign terrorists. However, this "watered down version" of the same titled first order was blocked by federal judges in Maryland and Hawaii.

Family Preparedness: Having the Tough Conversation with Spouses, Children and Loved Ones

Are you or an immediate family member (meaning spouse, child or parent) undocumented? If so, you belong to a group of an estimated 16 million people in the United States who have "mixed-status" families. If so, know that you are not alone and you have options.

Questions for immigration attorney:

Q: What are my rights if immigration officers ("ICE") come to my house?Even if you are in this country without valid status or are undocumented, the U.S. Constitution affords certain rights. You don't have to open the door or let the officers into your home unless the immigration officers have a valid search warrant, signed by a judge. A warrant is a document signed by a court or authorized government agency. Keep in mind that an ICE deportation/removal warrant or arrest warrant is not the same as a search warrant. The officers cannot enter your house without the search warrant unless you give them verbal permission to come inside. Your verbal permission is called "consent." You have the right to see the search warrant before the officers enter your house (for example, you can ask them to slide it under the door). You can also talk with the officers at the door, without letting them inside.

Making an Immigration Plan

Recent executive orders signed by President Trump, have sparked widespread discussion within the immigrant community. U.S. immigration laws and policy are centerstage. Much of what is being discussed within the immigrant community, although well intentioned, can often be misguided and misleading. In this current situation, having an immigration expert educate you so you can make an informed decision is, of course, a wise plan.

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