Under National Interest exceptions people from this country allowed to U.S.
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President Biden lifted the Trump administration’s orders preventing foreigners from moving to the U.S. on new green cards, saying the orders failed to advance American interests. Trump first enacted the ban last April, and it was set to expire March 31. However, Biden’s proclamation revoked that ban and its extensions a month early. Family members of U.S. citizens and green card holders will now be able to immigrate to the U.S., along with individuals who were selected to receive visas through the diversity visa lottery, which allows the U.S. to accept 55,000 immigrants annually from countries with historically low levels of immigration.
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Thursday, a D.C. federal judge expressed concern that thousands of visa lottery winners affected by President Biden’s continued enforcement of Trump-era travel bans are in danger of losing their visas if he declines their request for immediate relief. According to a motion brought on behalf of the lottery winners, about 7,000 diversity visas issued by the State Dept. last September in response to a court order are set to expire, as they are valid for a maximum of six months. Attorneys for the lottery winners argue that time is of the essence, and emergency relief is the only way to ensure that their visas will be safe until Biden rescinds the bans. The judge said he will issue a decision “quickly.”
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After the outbreak of COVID-19, the Trump administration implemented a ban on new green cards. The ban on new visas has now been extended to the end of the year. On June 23, a federal judge in Washington, D.C. denied a request for a temporary restraining order against the ban. The judge also denied class certification in the case, since two of the three plaintiffs have now been admitted to the U.S. and the third plaintiff’s case is not yet ripe for judicial review.
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On June 22, President Trump signed an executive order enacting a temporary ban on many types of nonimmigrant visas. The ban prohibits the issuance of new visas to applicants of H-1B visas, H-2B visas for non agricultural seasonal workers, J-1 visas, and L-1 visas. There will be exemptions for food processing workers as well as some healthcare workers. The new restrictions took effect on June 24.
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On June 23, USCIS released a statement clarifying the impact of the newly released ban on new H-1B visas and other types of nonimmigrant visas. The restrictions do not affect those working in the U.S. on a valid H-1B or similar visa. Valid visa holders who are currently abroad will not be prevented from entering or reentering the U.S.
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oday a federal judge largely blocked the Trump administration from implementing the latest version of the president’s controversial travel ban, setting up yet another legal showdown on the extent of the executive branch’s powers when it comes to setting immigration policy. The latest ban was set to fully go into effect in the early morning hours of Wednesday, barring various types of travelers from Syria, Libya, Iran, Yemen, Chad, Somalia, North Korea, and Venezuela. Judge Derrick K. Watson in Hawaii wrote that the latest ban “suffers from precisely the same maladies as its predecessor: it lacks sufficient findings that the entry of more than 150 million nationals from six specified countries would be ‘detrimental to the interests of the United States.
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Yesterday, U.S. District Court Judge Derrick K. Watson in Hawaii blocked the Trump administration from implementing the majority of the latest version of the president’s controversial Travel Ban 3.0, hours before it was due to take effect. Today, Politico reported that U.S. District Court Judge Theodore Chuang in Maryland granted a second nationwide preliminary injunction against the travel ban. As this updated AILA practice alert notes, in light of these rulings, nationals of Iran, Libya, Syria, Yemen, Somalia, and Chad will not be restricted from traveling to the United States. Trump keeps trying to unconstitutionally ban people from other countries and keeps getting struck down by the Courts.
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 