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Jefferson Parish Immigration & Naturalization Law Blog

Supreme Court allows enforcement of Trump's travel ban for now

This week, the U.S. Supreme Court issued a temporary ruling allowing President Trump's travel ban to be enforced while its constitutionality is assessed. The ban applies to at least some residents of eight countries: Libya, Somalia, Chad, Syria, Yemen, Iran, Venezuela and North Korea.

In November, the 9th Circuit Court of Appeals heard a challenge about the constitutionality of this version of the ban. The appellate preliminarily concluded that the ban was allowable as long as it did not apply to people with a "credible claim of a bona fide relationship with a person or entity in the United States." That was defined as meaning most first-degree family relationships and certain existing business or government relationships. The 9th Circuit was scheduled to hear arguments for a permanent ruling this week. The 4th Circuit is also set to hear arguments on the issue.

CBP accused of separating asylum seekers from their children

Five Central Americans recently came to the U.S. seeking asylum or refugee status, bringing several children and grandchildren with them. They were arrested near ports of entry in El Paso, according to federal court records.

At the time of their arrest, their children were taken from them by U.S. Customs and Border Protection agents. Those children are now being held in the care of the Office of Refugee Resettlement, but their parents and grandparent have not been told exactly where they are.

Will Congress replace DACA anytime soon?

For Congress, the Thanksgiving break leaves a number of questions unanswered. Most will be concerned over the debate that will ensue over tax reform, but perhaps the most important unanswered question will be about immigration reform.

President Trump announced in September that the administration would not renew the Deferred Action for Childhood Arrivals (DACA) program that provided legal protections for so many undocumented immigrants brought to the United States as children. The ostensive rationale was to give Congress an opportunity to create legislation that would take the place of the Obama-era program. 

Louisiana sees drop in international students

It appears that international student enrollment may be on the decline in Louisiana. As part of its 2017 Open Doors report, the Institute of International Education put out fact sheets on the states. The fact sheet for Louisiana puts the number of international students in the state at 7,698.

This is 1.7 percent lower than the total from the previous year’s report. This drop represents a fairly dramatic reversal in trends for the state. For, as we noted in a post, last year’s report pointed to Louisiana experiencing a large (14 percent) increase in foreign students.

Ending of TPS protections for Nicaraguans announced

Certain things could leave a foreign national staying here in the U.S. concerned about their future in the country. One such thing is an immigration program that provided them with benefits ending. There are a variety of impacts losing such benefits could have. In some instances, they could lead to a person facing deportation in the future.

When an immigrant’s future is thrown up in the air by an immigration program's end, it is can be very important for them to have a firm understanding of their situation and what they can do in response to losing the program’s benefits. In some instances, there may be alternate routes available for pursuing their immigration aims. So, when facing a loss of U.S. immigration benefits, an immigrant may want to promptly discuss their situation with a knowledgeable immigration lawyer.

Policy change made regarding nonimmigrant work visa renewals

One of the ways a person from another country can get permission to work in America is through being granted a nonimmigrant work visa. These visas allow a person legal status to live and work in the U.S. on a temporary basis. How long the visa lasts depends on the type of work visa it is and the specific terms of the visa.

When a nonimmigrant work visa is nearing its end, there may be the option to renew it. When a renewal of such a visa is pursued, how the renewal process goes can have major impacts on both the foreign worker and the business that employs them. Employment immigration lawyers can provide U.S. companies and foreign workers with help navigating the work visa renewal process and addressing challenges that arise during it.

Special concerns for DACA recipients who are parents

There are many concerns a foreign national living here in America could have when there is the possibility of a major change in the immigration benefits and options available to them. This includes concerns over what impacts the change could have for their children.

One major change that it slated to soon occur in the U.S. is an end to the Deferred Action for Childhood Arrivals program. Under this program, certain individuals who came to the U.S. when they were kids had eligibility for work permits and protection from deportation. The program is set to be closed down after a six-month winding-down period. So, unless Congress passes a law regarding DACA recipients or other actions are taken to change the situation, DACA recipients could, in the near future, end up losing protections and benefits.

The Brexit and international student interest in the U.S.

Each U.S. visa has its own set of rules and issues connected to it. This includes the F-1 visa, the main student visa in the United States. When a person from a foreign country is pursuing an F-1 visa and its corresponding immigration status in connection to a desire to go to school in America, how they address the legal concerns particular to this pursuit can heavily impact their education and life goals. International students who have an interest in studying in the U.S can go to skilled immigration lawyers for guidance on such student visa issues.

How likely international students are to have an interest in studying in the U.S. can be impacted by many things. This includes major legal and political developments in the United States. It also includes such developments in other countries.

The limitations of H-4 visas for children of H-1B workers

When a foreign national comes to the U.S. to work in a specialty occupation on an H-1B work visa, they may bring certain family members with them. Under U.S. immigration law, certain relatives of such workers can qualify for legal immigration status through a special kind of visa. This visa is called an H-4 visa. Among the individuals that can qualify for such a visa are children of H-1B workers, if they are under the age of 21.

An important thing to note is that there are some limitations that H-4 visas have for such children. One is that they do not authorize such individuals to work in the U.S., even after they hit working age. Another limitation comes from the fact that such visas only convey legal immigration status to such children while they are under the age of 21.

Pursuing the documents one needs to work in the U.S.

When one of the big goals of a foreign national who has come to the U.S. is to work in the U.S., there are many things it is critical for them to be aware of. One is what the immigration status that they are in the U.S. on means for their work eligibility.

There are many different immigration classifications here in the United States. Whether or not a person from another country can work in the U.S. in part depends on which classification they are under. Some classifications bar a person from working. Skilled immigration lawyers can advise foreign nationals on whether working in the U.S. is possible under the immigration status they have in the U.S. and, if it isn’t, whether they would have options for changing their status to one in which they would have eligibility to work.