The International Business Law Firm PC

US Supreme Court Further Degrades Marriage

On June 20, 2024, the court rendered a 6-3 verdict in the case between the Department of State v. Sandra Munoz, U.S. Supreme Court, No. 23-334, the Republican justices (the 3 Democratic dissenting) deciding that there is no constitutionally protected right to live with your spouse. This decision, reversing a 9th US Circuit Court of Appeals decision holding the opposite, allows the government to exclude without explanation the spouse of a US citizen, failing to act on a visa petition, and dismissing her seeking review of the delay and failure to act. The plaintiff, a US Citizen and civil rights lawyer, has been separated from her husband for over 9 years, apparently over State Department concerns that he “might” be a gang member. The Supreme Court decision means that there is no review of that determination, effectively declaring that marriage does not include the right to live with your spouse where you choose, and courts may not review government decisions abridging that right. This follows the trend of the court to restrict personal rights affecting families, such as abortion, without any evaluation of the human or social costs involved, and a blind eye to consequences that can be overcome by those of extreme wealth and means.
The legal system has traditionally been a protector of ordinary citizens who seek a level playing field in a world with wide discrepancies of opportunity and wealth, as well as the physical environment. This court further abandons that tradition, effectively saying “nothing to see here” and letting the government act on the basis of political or other unknown reasons to diminish the rights and value of an ordinary citizen.

New Family Unity Executive Order (June 18, 2024)

Many have heard of the new policy announced by the Biden administration which will target one of the many sad injustices of current immigration system. This action, taken on the basis of his executive authority, may face legal challenges much as the DACA program has, but addresses a very real problem that most Americans want fixed. IBLF will be reviewing the program and attempting to match any clients who could benefit.

There is no immediate urgency — the program won’t be in effect for a while, and the forms, details, and implementation will be delayed by necessary legal steps. It only affects those who have been in the US for over 10 years. IBLF will be reviewing the program as it develops and possibly issuing new information when available. If you are interested, please check our website: www.iblf.com or please drop me a line and I will put you on special mailing list for that.

Albert Z Lewis Jr., Attorney
The International Business Law Firm PC
910 17th Street NW – Suite 408
Washington DC 20006-2604
(202) 296-1111 / [email protected]

On November 11th, our country celebrates Veterans' Day, a day of appreciation of those who serve and who have served in the military. To serve is a choice. To become an American citizen is also a choice which some have made who were not born in the US. The USCIS has made special efforts to recognize and honor those that have made both choices -- https://www.uscis.gov/citizenship/civic-integration/outstanding-americans-by-choice . We congratulate the USCIS on a thoughtful and wise effort.

Outstanding Americans by Choice Secure .gov websites use HTTPS A lock ( ) or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.

CAMEROON Designated for TPS The USCIS has issued the following statement through their public engagement services: Secretary Mayorkas Designates Cameroon for Temporary Protected Status for 18 Months The Department of Homeland Security (DHS) announced today the designation of Cameroon…

https://iblf.com/2021/05/27/tps-designation-for-haiti/

TPS Designation for HAITI! On May 26, 2021, the USCIS Public Engagement Division recently sent its email stating: On May 22, Secretary of Homeland Security Alejandro N. Mayorkas announced a new 18-month designation of Temporary Protected Status (TPS) for…

https://iblf.com/2021/05/11/waiting-on-the-mexican-border/

F-1 students from Venezuela and Syria can now apply to:

-Gain employment authorization
-Work increased number of hours while school is in session
-Maintain F-1 status with reduced student course load

Eligibility requirements:

-Citizen of Venezuela or Syria, regardless of country of birth.

-Lawfully in F-1 nonimmigrant status on April 22, 2021

-Enrolled in a SEVP-certified academic institution

-Maintaining F-1 status currently

-Experiencing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela.

Transfer students remains eligible for the relief in this notice.

This Notice is effective for Syrians from April 22 ,2021 to September 30,2022. For Venezuelans from April 22, 2021 to September 9, 2022.

For more information read the full Federal Register Notice in the following link: https://www.federalregister.gov/documents/2021/04/22/2021-08368/employment-authorization-for-venezuelan-f-1-nonimmigrant-students-experiencing-severe-economic

According to a report published by the Center for American Progress, immigrant women (documented and undocumented), are especially vulnerable to abusive partners who used the woman’s immigration status to prevent them from leaving an aggressive marriage or relationship and are victims of human trafficking.

This is the case of Claudia Perez. She is from Honduras and for many years, her husband abused her. Fear of being deported was so great that she allowed the situation to continue, until one day the lives of her children were also at risk. She decided to, and did, report it.

Read the full story here: https://iblf.com/2021/04/26/real-story-i-was-afraid-to-be-deported-but-my-life-was-at-risk/

During the COVID-19 pandemic, travel restrictions can change quickly for both lawful permanent residents and others seeking to enter or return to the United States. If at all possible, traveling outside the United States should be avoided except in the most urgent situations.

If you are a lawful permanent resident (LPR), you should keep the following concepts in mind when considering travel outside the United States:

US Embassies Prioritize Visa Applications to Remedy Backlog
The Covid-19 crisis has affected immigrant and nonimmigrant visas processing at U.S. Embassies and has created a backlog. The State Department is working to reduce this backlog by prioritizing visa categories.

The highest priority is given to immigrant visa applications for U.S. immediate relatives, fiancé applicants and other family-sponsored applicants.

Priority is given to nonimmigrant applications for travelers with urgent needs like foreign diplomats, mission-critical categories of travelers (such as those coming to assist with the U.S. response to the COVID-19 pandemic, and workers who are essential to the American food supply), followed by students, exchange visitors, and some temporary employment visas. For information about nonimmigrant visa wait times go to https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.

Also, U.S. Embassies and Consulates are prioritizing immigrant visa cases previously refused under the rescinded Presidential Proclamations 9645 and 9983. For more info about these Proclamations click on https://iblf.com/2021/03/30/presidential-proclamation-ends-discrimination-of-certain-foreign-nationals/

An embassy or consulate is open and operating as determined by the local conditions. Applicants should check the website of the desired embassy or consulate for the current operating status.
For more information contact us at [email protected] or 202 296 1111.

Since the Temporary Protected Status (TPS) became available to Venezuelans and Burmans, many questions have arisen for the citizens of these countries, who previously filed for political asylum. One of the most common is: Does the asylum office act differently towards me if I have also applied for TPS or Deferred Deportation (DED)? The answer is both “no” and “yes”.

“No”, the asylum office does not process an asylum claim differently if the applicant had been granted DED or holds TPS. Eligibility for asylum is not adversely influenced where the asylum claimant has applied for, or had been granted, DED or TPS.

But the answer is “yes” when the asylum applicant is found ineligible for asylum. When asylum is not granted, the asylum office will act differently if the applicant holds DED from an applicant who holds TPS. If the TPS holder is likely ineligible for asylum, the office will issue a NOID (Notice on Intent of Deny) and this notification gives the TPS holder an opportunity to explain why he or she is eligible for asylum. If, after reviewing the response and deciding the applicant is ineligible for asylum, the office will deny the claim but will not refer the TPS holder to removal proceedings because the applicant remains in status until TPS expires. TPS is considered a form of status.

However, if the asylum applicant only has DED and the asylum office determines the person is ineligible for asylum, office will send the individual to removal proceedings because the person will be out of status. DED is not a status. To minimize removal from the United States, our recommendation is to file for TPS, even if the individual is a DED holder and has a pending asylum claim.

Also, work authorization based on asylum will terminate when the claim is denied. In that case, the individual is eligible to apply for work authorization based on DED or TPS. However, DED expires earlier than TPS and, when DED expires, it may be too late to apply for TPS. If work authorization is based on your asylum claim and your claim is denied, it is important to know that you may wait 3 to 5 months while a new work authorization application is processing.

Finally, TPS is an individual’s form of status. That means that each family member needs to file for TPS because the advantages discussed above attach only to the individual who is granted TPS.

We encourage all people who qualify for TPS to find the best advice from your attorney. He or she will have a better idea about what to do with individual case. Contact us for more information at [email protected] , schedule a consultation at www.iblf.com/contac or call us at 202 296 1111.

Did you apply before January 2021 for an immigrant Visa? Was it rejected because you are a national of one of the group of countries that were banned during Trump’s administration? If so, you can now reapply with a waiver or ask the embassy to reconsider your prior application.

On January 20, 2021, President Biden signed a Presidential Proclamation “Ending discriminatory bans on entry to the United States” of nationals from: Burma (Myanmar), Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. This Proclamation allows certain persons, whose visas were denied, to reapply.

Nonimmigrant visa applicants, who were likewise denied, will need to submit a new visa application (DS-160) and pay a new visa application processing fee if they wish to reapply for a visa.

The State Department will pursue processing applicants from those countries, without regard to earlier discriminatory bans, consistent with applicable law and visa processing procedures.

For more information schedule a consultation with us or call us to 202 296 1111.

Contact us for more information at [email protected] or 202 296 1111

https://iblf.com/2021/03/23/burma-has-been-designated-for-tps/

Burma has been designated for TPS Syria extended till September 2022 Secretary of Homeland Security is designating Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months. This new designation of Burma for TPS enables Burmese nationals (and individuals without nationality…

Since the Temporary Protected Status (TPS) was approved a week ago for Venezuelans, many of its citizens have come up with a lot of questions about what they should do if they have other immigration applications pending, or if people without any status should apply for TPS or DED.
Each case is different, and the best for each individual is to find advice from an immigration attorney.
On March 8, 2021, the Department of Homeland Security approved the Temporary Protected Status (TPS) for Venezuela, a country that has suffered deepest social, humanitarian, political and economic crisis for several years.
Natives and people who last resided in Venezuela, now can apply for the TPS to avoid deportation and to get a work authorization, a new opportunity to be safe for a period of 18 months with possibility of extension.
The Federal Register, March 9th, 2021, specified that people interested in applying to this migratory benefit has until September 9, 2021, to file the Form I-821 for TPS and Form I- 765 for work authorization. Forms can be filed separately or concurrently.
During recent years, the immigrant population of Venezuelans has increased to 394,000, many of whom are applying for political asylum.
The Deferred Enforced Departure (DED), also a migratory benefit approved around a month ago by Presidential administrative order, is available for any citizen of Venezuela who wants to remain in the country with the possibility to work legally for the period that was approved. Nevertheless, we recommend applying for the TPS because the TPS has a later expiration date and may be extended.
If you are Venezuelan or have family members or friends from Venezuela don’t hesitate in pass this information to them and contact us for assistance with their cases. Our first consultation is free. For more information contact us by phone number 202-296-1111 or email [email protected].

On the ides of March, the flag flies quietly over the White House, the winds of recent days subsided, and a sense of hope that simple hard work and honest guidance will make a difference in the lives of so many who love this country, from the families who fear for undocumented relatives, employers hoping to keep their businesses open, teachers who see hope in the increasing distribution of vaccines, children who have suffered hunger in this wealthiest of nations, parents who have been worried for those children and their own parents, states and cities uncertain how recovery will be accomplished in the midst of unprecedented economic stresses.
Thanks to a President and at least half a Congress that have acted to fund critical economic infrastructure, cash, internet, and supplies for our schools, our health system, our less fortunate in remote and under-resourced communities, there is a sense that the sun continues to shine on our nation, helping us rise while battered to again provide an example of honesty, openness, determination, generosity, and skill to a troubled world. that needs hope and common purpose to lessen the paralyzing fears that continue to swirl in the closed autocratic societies that limit freedom and destroy life.
Spring is coming to our hemisphere . . . the seasons will march thereafter without pause, requiring foresight and preparation, hard work, vision, humility, and honesty --- long may our resurrected banner wave!

The registration for H1B applicants is starting today March 9th to March 25th and, again, professionals of the Computer Programmer career will have the opportunity to apply for this type of Visas.

On February 03, 2021, USCIS issued a new Policy Memorandum that rescinds the TRUMP-ERA Computer Programmer Policy Memorandum, which established that professionals in this career will not be eligible to apply for Temporary work Visas like H1B and other categories.

In December 2020, the Ninth Circuit issued a decision in Inova Solutions V. Baran, finding that USCIS’s adjudication of an H1B petition that held that Computer Programmers was not a specialty occupation, was “arbitrary and capricious”. Notably, the Court identified that while the USCIS did not explicitly rely upon the 2017 Memorandum, the Service followed its logic. As a result, USCIS issued the February 2021 Memorandum to ensure consistent adjudications.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. We encourage H-1B petitioners to subscribe to the H-1B cap season email updates located on the USCIS H-1B Cap Season page.

If you are interested in applying for an H1B Visa schedule a consultation with us at www.iblf.com/contact or call us to 202 296 1111.

Happy International Women's Day from the IBLF Team!

The Deferred Enforced Departure (DED) status allows citizens from Liberia, and soon, Venezuela, to remain in the country for the time established in the Federal Register and with the option to obtain work authorization.

The DED is a temporary migratory benefit for individuals from designated countries and regions, facing political or civic conflict or natural disaster to stay in the United States.

On January 20, 2021, President Joe Biden issued a proclamation reinstating DED for Liberians. The proclamation has been posted in the Federal Register and it extended DED and work authorization until June 30, 2022, for Liberians who had DED protections that expired on January 10, 2021.

On January 19, 2021, President Trump issued a memorandum granting DED and work authorization to Venezuelans residing in the U.S. as of January 20, 2021 for a period of 18 months and directed the Secretary of Homeland Security to take appropriate measures, but procedures for applying have not been published.
Citizens of Liberia and Venezuela cannot apply if:
- Have voluntarily returned to their country of last habitual residence outside the United States.
- Have not continuously resided in the United States since January 20, 2021.
- Have been convicted of any felony or 2 or more misdemeanors committed in the United States.
- Were deported, excluded, or removed, prior to January 20, 2021.
- Are subject to extradition.
- Whose presence in the country the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety.
- Or if the Secretary of State has reasonable grounds to believe that their presence in the country would have potentially serious adverse foreign policy consequences for the United States.

Currently in the United States, the Congressional Budget Office (CBO) estimated about 200,000 Venezuelans would be eligible for TPS protection, which would likely be the same number protected by DED.

U.S. Citizenship and Immigration Services (USCIS) estimates about 3,600 Liberians were TPS holders at the time DHS terminated their status in 2007. Only Liberians who held TPS before its termination are eligible for DED.

If you believe that you can qualify or know about a friend or family member from one of these countries, we invite you to contact us to the phone number 202 2961111 or schedule a free consultation through our website www.iblf.com/contact

The H-1B cap was reached closing the season begun in April 2020. Still, USCIS is accepting H-1B petitions for cap exempt positions and for workers who were counted in the previous year (2020) and retain their cap numbers.

Also, USCIS will continue to accept and process petitions filed to:

* Extend the amount of time a current H-1B worker may remain in the United States.
* Change the terms of employment for current H-1B workers.
* Allow current H-1B workers to change employers.
* Allow current H-1B workers to work concurrently in a second H-1B position.

Registration for H-1B Visas for the 2021 period will open March 5- to March 29, 2021.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations. We encourage H-1B petitioners to subscribe to the H-1B cap season email updates located on the USCIS H-1B Cap Season page.

For more information schedule a consultation with us at www.iblf.com/contact or call us to 202 296 1111.

This year around 30,000 Temporary Work Visas H-2B are available for companies interested in hiring workers for the upcoming summer season (from April to September 2021).

These types of Visas are available for seasonal non-agricultural workers. Meaning positions related to landscaping, lifeguards for swimming pools and beaches, restoration, hospitality, nurses, among others in these categories, can qualify for the H-2B Visa.

Click in the link below for more information or to schedule a consultation.

https://iblf.com/2021/02/16/temporary-work-visas-h-2b-available-for-the-summer-season-2021/

Temporary Work Visas H-2B available for the summer season 2021 Can you qualify? This year around 30,000 Temporary Work Visas H-2B are available for companies interested in hiring workers for the upcoming summer season (from April to September 2021). These types of Visas are available…

If you have the qualifications to apply for DACA and need more information about what to do to and how this process work, please contact us and we will guide you.

On January 20,2020 President Joe Biden signed a Memorandum with the intention to preserve and fortify the Deferred of Action for Childhood Arrivals, better known as DACA, created in 2012 during the Obama-Biden administration.

To apply for this immigration status, you must have certain qualifications.

You:

-Were under the age of 31 as of June 15, 2012.
-Came to the United States before reaching your 16th birthday.-Have continuously resided in the United States since June 15, 2007, up to the present time.
-Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS.
-Had no lawful status on June 15, 2012, meaning that:
-You never had a lawful immigration status on or before June 15, 2012, or
-Any lawful immigration status or parole that you obtained prior to June 15, 2012, had expired as of June 15, 2012.
-Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
-Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Do not hesitate in contact us for further information by phone, 202 296 1111, or visit our website www.iblf.com/contact

Do you have a job offer in the US? read this!

USCIS announced that the initial registration period for the fiscal year (FY) 2022 H-1B cap will open at noon Eastern on March 9 and run through noon Eastern on March 25. During this period, those who wish to file for an H-1B visa will provide information and submit their registrations.

Important change - Contrary to selection by wages, a process previously announced by the Trump Administration, USCIS will select those eligible to file for H-1B visas by lottery from all who properly registered. USCIS has announced that DHS is delaying the effective date of the H-1B Wages Selection Process until Dec. 31, 2021.

USCIS will apply the regulations currently in place (random selection) to the initial registration period, and, any subsequent registration period for the FY 2022 registration process that takes place before Dec. 31, 2021.

Contact us for further information https://iblf.com/contact/

Temporary Work Authorization Visa (H1B) to work in the U.S. registration starts MARCH 1, 2021. Without registering, you have no opportunity to file for an H-1B visa, unless your employer is cap-exempt.

If you wish to work temporarily in the United States and/or have a job offer but are unclear about what to do or how this process works, please contact us and we will guide you.

The registration opens on March 1 and closes on March 20. Initial selections are to be made by March 31, 2021. Selection will continue throughout the year if visas are available.

To set up a free consultation call (202) 296-1111 or email at [email protected]

You also can go directly to the link https://iblf.com/contact/

President Biden's 100 Day Pause on Deportations

As the new Biden administration spends the first 100 days reviewing removal and deportation policy, it represents new options to adjust status or avoid deportation.
If you are in this situation or know someone facing deportation, please schedule a consultation by calling 202 296 1111 or go directly to our website www.iblf.com/contact

We are trying to get the word out so please share widely.

Photo by AP

Ninety-two years after his birth on Jan. 15, 1929, and 58 years after his historic “I Have a Dream” speech, Martin Luther King Jr.‘s stirring words and writings remain as relevant and inspiring today as they were when he lived.
As an immigration law firm, we recognize and honor this day!

IMPORTANT:

Please be advised that due to the security restrictions being put in place by the US Secret Service in preparation for the President’s inauguration, access to the Barr Building (where our office is located) will be secured from January 15th to January 20th, 2021.

Also, 13 metro stations will shut down starting on Friday, Farragut North and West, Judiciary Square, Union Station, Archives, Arlington Cemetery, McPherson Square, Federal Center SW, Capitol South, Smithsonian, and Federal Triangle, on the weekend Metro Center and Gallery Place will shut down too.

It's the time of the year to be grateful!

EMPLOYERS: How to Update or Fill in your Foreign Worker I-9;s https://iblf.com/2020/12/11/employers-how-to-fill-out-or-update-your-foreign-worker-i-9s/

The Department of Homeland Security (DHS) announced that it will automatically extend the validity of TPS related documentation for beneficiaries under the TPS designation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine months through October 4th, 2021, from the current expiration date of January 4th, 2021.

For more information click in the link below:

https://iblf.com/2020/12/08/dhs-is-automatically-extending-the-validity-of-tps-related-documentation/

DHS is automatically extending the validity of TPS related documentation The Department of Homeland Security (DHS) announced that it will automatically extend the validity of TPS related documentation for beneficiaries under the TPS designation for El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal for nine…

After 4 years of a government focused on diminishing immigration to the United States, the final days of Donald Trump have been dedicated to modifying the immigration processes for foreign travelers and workers as well as U.S. businesses.

Restriction on access to H1B Visas for foreign workers, elimination of work authorization for people with suspended deportation, restrictions on travel, delayed work authorization eligibility for new asylum seekers, unlawful limitation on DAC A and termination of TPS are the final blows to block worthy and eligible immigration as well as free trade and travel.

With the transition to a Biden – Harris administration, and the nomination of Alejandro Mayorkas as Secretary of Homeland Security, the country is feeling a certain kind of relief. But, to revert all these new regulations and Presidential proclamations, President-elect Biden will need time, and this time can be months, even a year, to turn everything to order.

For immigration law firms, the tension has started to rise. Clients calling, worried about their cases and legal status, is the new day by day routine. Law firms are challenged to find the best advice and guide their cases in the safest way possible.

Read the full article in the link below:

https://iblf.com/2020/11/25/donald-trumps-final-blows-to-immigration/

Donald Trump’s final blows to immigration Rosa A Hernandez After 4 years of a government focused on diminishing immigration to the United States, the final days of Donald Trump have been dedicated to modifying the immigration processes for foreign travelers and…