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Attorney_22

President Trump's Executive Orders and U.S. Immigration Policy: Open Discussion

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This week, Murthy Law Firm attorneys will answer questions regarding President Trump’s Executive Orders and U.S. immigration policies.    

 

 

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

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Can you please simplify how will the following groups be affected:

1. OPT community (F1 candidates planning to file for OPT, OPT candidates planning for extension, OPT candidates planning for H1B)

2. H1B community (New H1B, extension of H1B)

3. Approved I-140 community 

4. H4-EAD community

Thank you.

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2 hours ago, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding President Trump’s U.S. immigration policies.    

 

 

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

 

Hello Madam/Sir,

There were few executive orders by President Trump regarding immigration.  

My question is :

Do they apply to legal aliens as well (on H1B) with any kind of criminal record not necessarily CIMT (crime of moral turpitude)?

 I have conviction of CA 415pc (1) from 2011.  Since then, I have traveled outside USA ( 3 times) and have gotten my H1B visa stamped in New Delhi consulate (twice).  

Please reply with any thoughts?

Thanks in Advance

I am copying the excerpt from the executive order:

Sec. 5.  Enforcement Priorities.  In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who:

 

     (a)  Have been convicted of any criminal offense;

 

     (b)  Have been charged with any criminal offense, where such charge has not been resolved;

 

     (c)  Have committed acts that constitute a chargeable criminal offense;

 

     (d)  Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;

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What are your thoughts on President Trump's "leaked" executive order pointing toward ending the H4 EAD program which allowed spouses of eligible H1B to work? Would he be allowed to simply flat out revoke the policy not allowing current spouses to continue working or would there be provisions made for current spouses on EAD? 

Source:

http://www.*************.com/**************

Edited by MurthyAdmin

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Hi ,

Have been hearing the news that STEM OPT 24 Extension and H4 EAD has been revoked through executive orders. Could you please throw some light on this, if there is any such thing happened or may happen in lieu of these.

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15 hours ago, Kapils123 said:

Hello Madam/Sir,

There were few executive orders by President Trump regarding immigration.  

My question is :

Do they apply to legal aliens as well (on H1B) with any kind of criminal record not necessarily CIMT (crime of moral turpitude)?

 I have conviction of CA 415pc (1) from 2011.  Since then, I have traveled outside USA ( 3 times) and have gotten my H1B visa stamped in New Delhi consulate (twice).  

Please reply with any thoughts?

Thanks in Advance

I am copying the excerpt from the executive order:

Sec. 5.  Enforcement Priorities.  In executing faithfully the immigration laws of the United States, the Secretary of Homeland Security (Secretary) shall prioritize for removal those aliens described by the Congress in sections 212(a)(2), (a)(3), and (a)(6)(C), 235, and 237(a)(2) and (4) of the INA (8 U.S.C. 1182(a)(2), (a)(3), and (a)(6)(C), 1225, and 1227(a)(2) and (4)), as well as removable aliens who:

 

     (a)  Have been convicted of any criminal offense;

 

     (b)  Have been charged with any criminal offense, where such charge has not been resolved;

 

     (c)  Have committed acts that constitute a chargeable criminal offense;

 

     (d)  Have engaged in fraud or willful misrepresentation in connection with any official matter or application before a governmental agency;

This would only apply if the person is otherwise removable (i.e. deportable). A conviction for disturbing the peace would not typically make a person removable.  

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12 hours ago, kds6883 said:

Hi ,

Have been hearing the news that STEM OPT 24 Extension and H4 EAD has been revoked through executive orders. Could you please throw some light on this, if there is any such thing happened or may happen in lieu of these.

Yes, we've been hearing a lot of "news" (i.e. unsubstantiated rumors), too. No, neither have been revoked. To revoke them, it would almost certainly require the President to have a rule go through the entire, formal regulatory process. As of yet, nothing has been signed to direct the DHS to do this. But, if things change, we will post the information on MurthyDotCom. 

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7 hours ago, Attorney_23 said:

Yes, we've been hearing a lot of "news" (i.e. unsubstantiated rumors), too. No, neither have been revoked. To revoke them, it would almost certainly require the President to have a rule go through the entire, formal regulatory process. As of yet, nothing has been signed to direct the DHS to do this. But, if things change, we will post the information on MurthyDotCom. 

Reply to this question in FAQs page (https://www.murthy.com/2017/01/26/understanding-the-current-administration-immigration-faqs/) mentions  rule making or congressional action. Please elaborate whether congressional action refers to authoring a bill and getting passed into a law.

"At this point, it is unclear whether the Trump administration is going to take any action related to the H-4 EAD rule. If, however, President Trump does wish to alter or undo the program, it generally could only be done by going through the entire formal rulemaking process (or by Congressional action). (26.Jan.2017)"

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On 1/26/2017 at 3:21 PM, Attorney_22 said:

This week, Murthy Law Firm attorneys will answer questions regarding President Trump’s U.S. immigration policies.    

 

 

 

Rules for Topic of the Week Threads:

 

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

 

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

 

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

 

4. Please do not provide information which would identify any specific company, university or individual.

 

Dear Madam/Sir

With recent immigration related executive order (26/27 Jan) , does an Indian National need to worry about travel on employment based AP ?

Thanks in advance.

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On 1/27/2017 at 9:35 AM, Attorney_23 said:

This would only apply if the person is otherwise removable (i.e. deportable). A conviction for disturbing the peace would not typically make a person removable.  

Will a DUI misdeameanor fall under this category for removal?

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On 1/27/2017 at 5:06 PM, inquest said:

Reply to this question in FAQs page (https://www.murthy.com/2017/01/26/understanding-the-current-administration-immigration-faqs/) mentions  rule making or congressional action. Please elaborate whether congressional action refers to authoring a bill and getting passed into a law.

"At this point, it is unclear whether the Trump administration is going to take any action related to the H-4 EAD rule. If, however, President Trump does wish to alter or undo the program, it generally could only be done by going through the entire formal rulemaking process (or by Congressional action). (26.Jan.2017)"

Yes, "congressional action" would be passing a bill and then having it signed into law by the President. But, it is more likely that, if the H-4 EAD program is to be eliminated, that it would be done via regulation, not congress.

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Hello,

Should an Indian national (non-muslim) be concerned about leaving the country for visa stamping to Canada?  My Driver's license is expiring and the DMV is using the I-94 date as the end date.  I have 1 month to go and have my interview booked for next week.  Should I go (or) hold off?

I am a FTE on H1B with a pay of more than 130K

Please advice.

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Is it true that valid H1-B visa holders that are Indians are being deported back? Can you please shed some light. Obviously people r forwarding whatsapp messages that say their friends have been deported since the Executive Order.

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Dear Sir/Madam - Where does it say that the Interview Waiver Program has been cancelled? There is no news about drop box facility being made unavailable for visa renewal stamping. Can you please clarify?

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Hi Sir/Madam,

i have one question,

my wife went to India last month and she is coming to us in  Feb. Before that i had switched company on Nov-2016, but me and my wife had previous company visa stamping and that is valid till Aug-2017.she is coming with that visa, will it be any problem at port of entry.

please confirm.

 

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Dear Sir/Madam

I am currently on my H1B visa and I had made plans to go to India next tuesday and I have my visa stamping interview in Hyderabad on the 13th of February. I am supposed to fly back on the 28th of february.

My wife who is currently on her 24 month OPT-STEM extension is also accompanying me during the same dates (she will not be having any visa interview).

Do you think it is safe for me and/or my wife to travel? Thank you in advance.

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On 1/30/2017 at 2:06 PM, Mani_Ravi said:

Will a DUI misdeameanor fall under this category for removal?

Plus one... Will DUI misdemeanor offence fall under this and will it be safe to travel and get stamped?

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4 hours ago, Chicago001 said:

Dear Sir/Madam - Where does it say that the Interview Waiver Program has been cancelled? There is no news about drop box facility being made unavailable for visa renewal stamping. Can you please clarify?

same question. the representatives at ustraveldoc confirmed that the intreview wavier is active in India.

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10 hours ago, itisme said:

Hello,

Should an Indian national (non-muslim) be concerned about leaving the country for visa stamping to Canada?  My Driver's license is expiring and the DMV is using the I-94 date as the end date.  I have 1 month to go and have my interview booked for next week.  Should I go (or) hold off?

I am a FTE on H1B with a pay of more than 130K

Please advice.

Indians are not impacted, even if they are muslim. If documents are in order, you dont have to worry.

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I am currently in US on a valid L1A visa. My family has gone to India for a short trip on a family urgency and plan to come back in 2 weeks.

Will they face any issues at port of entry or with immigration officer ? What documents should they carry ? Please advice

 

 

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I have my H1b stamped valid from 2017 to 2019 and planning to travel this Sunday ,5th Feb . Lot of discussions are on in terms of H1b regulations and filtering , people are suggesting not to travel at this time . Is it advisable to travel now?  Kindly help in this regards . 

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legacykey6 the act of "deportation" is the scenario where an Immigration Office or Law enforcement officer forcibly removes an individual from on determination that they do not have Visa that is valid. The case you are talking about has been creeping up since yesterday..... that may be expediated removal , as they have really not stepped into the continent of United States..... Now the story are talking about seems some degree of truth.... as i have heard other stories from Arizona, Ohio, New York...but most of the cases i heard were those of IT Consultancies who work at client location with "layered-contract" unable to substantially prove their case... (tough luck) however .... this is "my friend " not my friends friends or 3 or 4 degrees of separation....my friend :)  Full timer at X ...also a masters student in USA , got Visa issued , but not before he had to extend his trip to accomodate for 221g....

 

HTH

Bharat

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Hi,

I was charged with Reckless driving ticket which is a class 1 misdemeanor in Virginia but when i went to the court, they amended the ticket to a speeding ticket which is a traffic infraction.

So according to the executive order, "Removable aliens who: Have committed acts that constitute a chargeable criminal offense;"

Will it have any effect? Please reply.

 

 

 

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