We hope this newsletter finds you well. In this edition, we bring you important updates on various immigration matters. Please take a moment to review the following key highlights:
Travel Restrictions for Green Card Holders: What You Need to Know
As a lawful permanent resident (green card holder) of the United States, international travel is generally permitted. However, certain circumstances can complicate re-entry into the U.S., potentially leading to delays, secondary inspections, or even denial of entry.
Criminal Records and Re-Entry Risks:
If you have a criminal history—including arrests, convictions, or even expunged records—you may face heightened scrutiny upon returning to the U.S. Offenses such as DUI, shoplifting, domestic violence, or other misdemeanors and felonies can trigger secondary inspection by Customs and Border Protection (CBP) officers. In some cases, individuals have been detained or placed into removal proceedings based on past criminal records, even if those records were expunged.
CBP has access to extensive law enforcement databases, and any prior criminal activity can be flagged during the inspection process. Therefore, it’s advisable to consult with an immigration attorney before traveling if you have any criminal history.
Extended Absences and Re-Entry Permits:
While green card holders are permitted to travel abroad, extended absences can raise concerns about the abandonment of U.S. residency. Stays outside the U.S. for more than six months may prompt questions about your intent to maintain permanent residence. Absences of one year or more without a re-entry permit can lead to the presumption that you’ve abandoned your residency, potentially resulting in denial of re-entry.
To mitigate this risk, if you plan to be outside the U.S. for more than one year, you should apply for a re-entry permit (Form I-131) before departing. This permit, valid for up to two years, demonstrates your intent to return and maintain U.S. residency.
Why You Should Never Sign Form I-407 Without Legal Advice:
While there may be legitimate reasons for some individuals to formally abandon their LPR status, many green card holders are pressured or misled into signing Form I-407, especially at U.S. ports of entry. Situations that may lead to such pressure include:
- Extended Absences: Being outside the U.S. for more than six months can raise questions about your intent to maintain permanent residence.
- Criminal Records: Past arrests or convictions, even for minor offenses, can lead to increased scrutiny upon re-entry.
- Expired Green Cards: An expired green card does not mean you’ve lost your LPR status, but it can complicate re-entry.
In these scenarios, Customs and Border Protection (CBP) officers may suggest or pressure you to sign Form I-407, implying that it’s the only or best option. However, you are not obligated to sign this form, and doing so without fully understanding the consequences can lead to the loss of your permanent resident status.
Know Your Rights:
It’s crucial to understand that:
- You have the right to a hearing: Only an immigration judge can determine whether you’ve abandoned your LPR status.
- Do not sign under pressure: If you’re being urged to sign Form I-407, you can refuse and request to speak with an immigration attorney.
- Seek legal counsel: Before making any decisions that could affect your immigration status, consult with a qualified immigration attorney.
By understanding these guidelines and preparing accordingly, green card holders can minimize complications when traveling internationally and ensure a smoother re-entry into the United States.
U.S. State Department Launches New Visa Interview Scheduling Tools
The U.S. Department of State introduced two new tools aimed at enhancing transparency and efficiency in visa interview scheduling: the Global Visa Wait Times tool and the Immigrant Visa (IV) Scheduling Status Tool.
Global Visa Wait Times Tool:
This tool offers applicants a monthly snapshot of the next available visa interview dates at U.S. embassies and consulates worldwide. It provides average wait times for various nonimmigrant visa categories, including the popular B-visa. By accessing this information, applicants can better plan their travel and visa application timelines.
Immigrant Visa (IV) Scheduling Status Tool:
The IV Scheduling Status Tool is a significant advancement, particularly for those awaiting immigrant visa interviews. Updated monthly, it displays the month and year when cases that have become “documentarily complete” are being scheduled for interviews at specific U.S. embassies or consulates. This allows applicants to estimate when they might expect their interview to be scheduled, based on when their case achieved documentarily complete status.
It’s important to note that certain visa categories, such as Diversity Visas, Afghan Special Immigrant Visas, I-601A provisional waivers, and adoptions, are not reflected in the IV Scheduling Status Tool. Additionally, while these tools provide valuable insights, the National Visa Center (NVC) cautions that multiple factors influence interview scheduling, and exact dates cannot be guaranteed.
For more detailed information and to access these tools, applicants can visit the U.S. Department of State’s official website.
USCIS, ICE Dismantle Nationwide Marriage Fraud Ring; 10 Arrested and More Indictments Expected
U.S. Citizenship and Immigration Services (USCIS), in partnership with U.S. Immigration and Customs Enforcement (ICE), the Department of State Diplomatic Security Service, and the U.S. Attorney’s Office for Maryland, played a key role in breaking up a nationwide marriage fraud operation. The ongoing investigation has so far resulted in 10 arrests and the indictment of four individuals accused of orchestrating fake marriages for immigration benefits.
The investigation, which began in April 2022 under HSI Maryland’s Document and Benefit Fraud/El Dorado Task Force, uncovered an organized scheme involving fraudulent marriages arranged to help foreign nationals unlawfully obtain green cards. USCIS investigators uncovered evidence of forged documents, fake health attestations, and staged wedding arrangements.
Three New York City residents — Ella Zuran, Tatiana Sigal, and Alexandra Tkach — were identified as key coordinators who received thousands of dollars to arrange these sham marriages. Shawnta Hopper of Sicklerville, New Jersey, was also indicted for recruiting women to participate in fake marriages in exchange for money. “Some marriages are made in heaven. Some are just made up,” said USCIS spokesperson Matthew Tragesser. “Our work with ICE crushed a marriage fraud ring where U.S. citizens were paid to marry aliens. Under Secretary Noem, fraudsters are walking out in handcuffs. Buying a spouse doesn’t make you a citizen.” Immigration benefits granted through the fraudulent marriages have been revoked, and authorities confirmed that additional arrests and indictments are expected as the investigation continues. The case serves as a strong reminder that USCIS and ICE remain vigilant in protecting the integrity of the U.S. immigration system through coordinated enforcement efforts.Federal Judge Blocks Deportations Under Alien Enemies Act
U.S. District Judge Fernando Rodriguez Jr. issued a permanent injunction preventing the Trump administration from deporting alleged Venezuelan gang members under the 1798 Alien Enemies Act (AEA). The administration had invoked the AEA to deport individuals associated with the Tren de Aragua gang, claiming they posed an invasion threat. However, Judge Rodriguez ruled that the AEA applies only during declared wars or actual invasions, conditions not met in this case. The ruling applies to Venezuelans aged 14 and older residing or detained in the Southern District of Texas.
This decision marks a significant legal setback for the administration’s immigration enforcement strategy and underscores the limitations of employing wartime powers for peacetime immigration enforcement.
Maintaining F-1 Student Status in the United States: A Complete Guide: As an international student in the United States on an F-1 visa, maintaining your immigration status is essential to protecting your legal stay, academic progress, and employment eligibility. Failing to follow the rules may result in loss of status, visa revocation, and even removal from the country. This guide outlines the key responsibilities and regulations F-1 students must follow to remain in compliance. 1. Maintain Required Documents: You must always keep the following valid and up-to-date:- Form I-20: Ensure your I-20 is signed by your Designated School Official (DSO) and reflects your current program details.
- Valid Passport: Your passport must be valid for at least 6 months into the future. Renew it before it expires through your country’s embassy.
- I-94 Record: Should indicate “F-1” and “D/S” (Duration of Status). This means you’re allowed to stay for the length of your program, including authorized practical training and a 60-day grace period after program completion.
2. Meet Academic Enrollment Requirements:
- You must attend the school listed on your Form I-20.
- Full-time enrollment is required: At least 12 credit hours per term for undergraduates and 9 credit hours for graduate students.
- Only one online course (3 credits) can count toward full-time status per semester.
- Never drop below full-time without prior written approval from your DSO.
- Maintain good academic standing as defined by your school.
3. Report Program Changes Promptly:
Notify your DSO within 10 days of any of the following:
- Change in your major, degree level, or funding
- Change in your name, phone number, or U.S. address
- Need to extend your I-20 if your program takes longer to complete
4. Employment Rules for F-1 Students:
F-1 students face strict limitations on employment:
On-Campus Employment
- Allowed up to 20 hours/week during school sessions and full-time during breaks.
Curricular Practical Training (CPT)
- Must be authorized by the DSO, documented on your I-20, and connected to your curriculum.
Optional Practical Training (OPT)
- Eligible after completing one academic year. Offers up to 12 months of work authorization.
- STEM graduates can apply for a 24-month extension.
- Must receive an Employment Authorization Document (EAD) before starting work.
Severe Economic Hardship
- You may apply for off-campus work authorization if unforeseen financial hardship arises. Requires DSO support and USCIS approval.
Before traveling internationally:
- Verify that your SEVIS record is active.
- Ensure your I-20 is signed for travel (valid for 12 months).
- Avoid travel if you have a pending OPT/STEM OPT application.
- Carry valid documents: I-20, passport, F-1 visa, and EAD (if applicable).
- Be prepared for Customs and Border Protection (CBP) inspections, including potential searches of your electronic devices.
6. F-2 Dependents:
- F-2 dependents cannot work in the U.S.
- They may study part-time in certain programs.
- Their status depends on the F-1 student’s continued compliance.
7. Report a Change of Address:
- Must be reported to both your DSO and USCIS within 10 days of moving.
8. Consequences of Losing F-1 Status:
Violating visa rules can lead to:
- Termination of your SEVIS record
- Visa revocation while inside the U.S.
- Loss of work eligibility
- Detention or deportation
If you lose status:
- Document your full immigration history (all I-20s, travel history, EADs, etc.)
- Sign privacy waivers (FERPA, ICE Form 60-001) for legal representation
- Consult an experienced immigration attorney immediately
Final Reminders:
- Stay in regular contact with your DSO.
- Always stay enrolled and follow full-time rules.
- Leave the U.S. within 60 days of completing your program unless you’ve transferred, applied for OPT, or changed status.
- Seek guidance before making any changes to your program or immigration plans.
Protect Your Family: A Practical Guide for Undocumented Parents with Children
If you’re an undocumented parent living in the United States, it’s critical to plan ahead to protect your children in case of detention or deportation. Without a plan, your children could face foster care, detention, or even deportation. This guide outlines essential steps you can take now to safeguard your family’s future.
1. Make a Family Safety Plan:
Why it matters: If you’re unexpectedly separated from your children, they should know exactly what to do and who to turn to.
- Choose two trusted adults (preferably with legal status) who agree to care for your children in case of emergency.
- Write down their names, addresses, and phone numbers. Share this with your children and practice the plan with them.
- Make sure your kids understand that if you don’t come home, they have a plan.
2. Gather and Organize Key Documents:
Why it matters: Having the right documents makes it easier for caregivers to help with medical care, school enrollment, or proving your child’s identity.
Collect and securely store:
- Birth certificates, passports, and Social Security cards
- Proof of legal status (if applicable)
- School and medical records, including vaccination history and any prescriptions
- Instructions for special medical needs
- Share copies with your chosen caregivers and store digital backups in a secure location.
3. Make Legal Arrangements:
Why it matters: Legal documents ensure caregivers can make decisions for your children if you’re unavailable.
Options include:
- Limited Power of Attorney – Grants temporary rights to make day-to-day decisions for your child. Typically notarized and valid for a set period.
- Guardianship – Court-approved arrangement that gives long-term decision-making power. Stronger legal protection but more time-consuming to establish.
- Caregiver’s Authorization Affidavit – Allows caregivers to enroll your child in school and approve medical care (availability varies by state).
- Health Care Directive – Authorizes medical decisions if your child has specific needs and you’re not present.
Consult an immigration or family law attorney to determine the best option for your situation.
4. Communication & Emergency Contacts:
Why it matters: Your children and trusted adults should know how to act quickly in a crisis.
- Teach your kids phone numbers for caregivers, family members, and friends.
- Make sure caregivers know where documents are stored.
- Notify your child’s school and healthcare providers about who is authorized to act on your behalf.
- Older kids should memorize your A-number and your attorney’s contact info.
- Keep the phone number for your country’s consulate on hand.
5. Financial Preparations:
Why it matters: Children need access to basic needs and emergency funds if you’re detained or deported.
- Give a trusted person limited access to your finances through a joint account or power of attorney.
- Keep emergency cash at home for food, medicine, or transportation.
- Prepare for potential legal expenses, including bond or bail.
6. Child Protective Services (CPS) Warning:
Why it matters: If no plan is in place, CPS may step in and place your child in foster care.
- CPS acts when there’s no identified caregiver or if the child’s safety is at risk.
- Having legal documentation and a safety plan shows you’ve taken responsible steps to protect your children.
Final Reminder:
Even a simple plan can make a life-changing difference. Taking these proactive steps helps ensure that your children stay safe, secure, and cared for—no matter what challenges may arise.
Trump Administration Overhauls Higher Education Accreditation
President Donald Trump signed an executive order aimed at reforming the accreditation process for higher education institutions. The order directs Education Secretary Linda McMahon to hold accreditors accountable, including through denial, monitoring, suspension, or termination of accreditation recognition for those failing to meet federal standards. It emphasizes the need for institutions to support intellectual diversity among faculty and prohibits accreditors from engaging in practices that result in credential inflation.
Additionally, the order mandates investigations into unlawful discrimination by higher education institutions, including law and medical schools, by the Secretary of Education and Attorney General Pamela Bondi.
Key provisions of the order include:
- Promoting Intellectual Diversity: Ensuring that accreditation requires institutions to support and appropriately prioritize intellectual diversity among faculty to advance academic freedom, intellectual inquiry, and student learning.
- Preventing Credential Inflation: Prohibiting accreditors from engaging in practices that result in credential inflation.
- Increasing Competition: Resuming recognition of new accreditors to foster competition and accountability.
- Streamlining Accreditation Changes: Simplifying the process for institutions to change accreditors, ensuring they are not compelled to adhere to standards conflicting with their values and missions.
Additionally, the order mandates the Secretary of Education and Attorney General Pamela Bondi to investigate and act against unlawful discrimination by American higher education institutions, including law and medical schools.
Critics argue that the executive order politicizes the accreditation process and undermines efforts to promote diversity, equity, and inclusion (DEI) in higher education. Supporters contend that it refocuses accreditation on academic quality and student outcomes. The direct impact of the order on employment-based immigration programs remains uncertain. However, since accreditation is a key factor for H-1B and other programs, stakeholders are closely monitoring potential implications. This executive order is part of a broader series of actions by the Trump administration aimed at reshaping education policy and addressing concerns about ideological bias in academia.Sincerely,
Keshab Raj Seadie, Esq.
Law Offices of Keshab Raj Seadie, P.C. Disclaimer: This newsletter is intended for informational purposes only and does not constitute legal advice. Always consult an attorney for personalized advice.
