Bad news for Students on F-1/M-1 Visas:

  • SEVP (Student and Exchange Visitor Program) put out a notice today that F1 students whose schools offer hybrid classes (some virtual and some in person) are alright to stay in the U.S. if they meet certain guidelines - will be allowed to take the minimum number of online classes required to make normal progress in their degree program; will be allowed to take more than 1 class or 3 credit hours online. The Schools must issue new I-20s for Fall noting these.
  • Students attending Schools that will be completely on-line in the fall will be out of status if they stay at such schools. They must transfer schools or leave USA.
  • Consulates and Embassies will not issue F-1/M-1 Visas to students enrolled in Schools offering fully virtual classes in Fall Semester and CBP will not allow them to enter USA.
  • The worst news is that if a student starts hybrid or in-person classes and the pandemic gets worse and their school goes virtual for the health of its students, teachers and community – the student will become out of status.

https://www.ice.gov/news/releases/sevp-modifies-temporary-exemptions-nonimmigrant-students-taking-online-courses-during


WE ARE FILING NEW DACA APPLICATIONS NOW as of June 18, 2020

EXECUTIVE ORDER Extension June 22, 2020 (effective immediately; expires December 31, 2020; may be continued)

Need:

  1. You are now 16 YEARS old or more at present
  2. Entered USA Before JUNE 15, 2007
  3. Have been illegal since June 15, 2012
  4. Continuously present in USA from June 15, 2012

President Trump continued the April 22, 2020 Proclamation & suspended & limited entry of individuals seeking entry pursuant to the following nonimmigrant visas:

(a) H-1B or H-2B & dependents accompanying or following to join principal;

(b) J visas of interns, trainees, teachers, camp counselors, au pairs, or summer work travel program, and dependents accompanying or following to join; and

(c) L visa and dependents accompanying or following to join.

The proclamation shall apply only to persons:

(i) outside USA on 22nd June 2020;

(ii) do not have a valid nonimmigrant visa on 22nd June 2020; and

(iii) do not have an official travel document other than a visa (such as advance parole, a transportation letter or an appropriate boarding foil) valid on 22nd June 2020 or issued any date thereafter that permits him or her to travel to the United States and seek entry or admission.

This shall not apply to:

(i) Green Card Holders;

(ii) spouse or child of U. S citizens;

(iii) individual seeking entry to USA to provide temporary labor/services essential to U.S. food supply chain; and

(iv) individual whose entry would be in the national interest as determined by the Secretary of State, the Secretary of Homeland Security, or their respective designees.


EXECUTIVE ORDER From April 23, 2020

  1. Effective from April 23, 2020
  2. No entry to those with no Immigrant Visa or Travel Document (Any Visa or Advance Parole) as of 4/23/2020
  3. Exception – Aliens can apply to enter USA if:
    • Green Card Holder
    • Seeking Immigrant Visa as Health care professional, including those to perform work to combat COVID-19
    • US Citizens’ spouse or children under 21, and prospective adoptees
    • Alien whose entry would further important United States law enforcement objectives
    • Member of United States Armed Forces and their spouse and children;
    • Alien seeking entry pursuant to a Special Immigrant Visa
    • Alien whose entry would be in the national interest, as determined by the Secretary of State or the Secretary of Homeland Security
  4. Discretion of Dept of State Consular officers whether alien qualifies for exception under Section 2(b)
  5. Valid for 60 days (until June 22, 2020). DHS, DOS and DOL will evaluate in 30 days and determine if extension is needed.

USCIS Offices are CLOSED until May 3, 2020 for Interviews and Fingerprints. USCIS Service Centers are open and working on petitions filed. All I-94 Expiration dates MUST BE MET for Extensions and Change of Status Petitions.


Immigration Courts are hearing Detained cases and Non detained Individual hearings (Trials).


Consulates worldwide are closed and Interviews and Fingerprints are suspended until further notice.


Labor Department is working on LCAs and PERMs.