Immigration Update: May 2017

Diversity Visa Lottery: The Department of State Selects Fiscal Year 2018 DV Lottery Winners

Foreign nationals who entered the Fiscal Year 2018 Diversity Visa Lottery may now visit https://www.dvlottery.state.gov/ to learn whether they were selected to apply for U.S. permanent residence.  Note that the State Department does not send out direct notifications to lottery winners so beware of scams.  Consult with an immigration attorney if you receive an e-mail or letter regarding your entry into the diversity visa lottery.

Federal Appeals Court Upholds Injunction Against Executive Ban

The U.S. Court of Appeals for the Fourth Circuit decided it will not reinstate the Trump Administration’s latest attempt to suspend entry to the U.S. of nationals from Iran, Libya, Somalia, Sudan, Syria and Yemen.  The court relied partly on statements Donald Trump made as a candidate for President to find that the Executive Order violates the First Amendment.  The Trump Administration’s travel ban would have restricted nationals of the six listed countries from entering the U.S. for 90 days and all refugees for 120 days, unless they qualified for an exemption or were granted a waiver.  The Trump Administration is expected to seek Supreme Court review of this case.

ICE Recalendaring Cases That Were Previously Administratively Closed

ICE has announced that it is now recalendaring certain EOIR cases which were administratively closed in exercise of prosecutorial discretion.  These include cases in which there was an arrest or conviction subsequent to administrative closure.  While ICE has said that arrests or convictions prior to administrative closure will not trigger a motion to recalendar, the American Immigration Lawyers Association (AILA) ICE Liaison Committee is aware that in some jurisdictions ICE is seeking to recalendar cases where there is no new arrest or conviction.

TPS Extension for Haiti

On May 22, 2017 DHS announced that Temporary Protected Status (TPS) for eligible nationals of Haiti will be extended for six months.

Reminder to Check Visa Entry Stamps in Your Passport

Each time you use your nonimmigrant visa to enter the U.S., a Customs and Border Protection (CBP) officer will either stamp your passport and/or issue an I-94 Arrival/Departure record indicating the expiration of your current stay.  It is important to be mindful that the period of stay granted by the CBP officer is the controlling date and may not always match the expiration of your visa.  Contact an immigration attorney to inquire about extending your current stay or to renew your visa.  To check your I-94 admission number/record, visit https://i94.cbp.dhs.gov/I94/#/home.