Immigration News

USCIS is considering a foreign national's antisemitic activity on social media and the physical harassment of Jewish individuals as grounds for denying immigration benefit requests. This will immediately affect foreign nationals applying for lawful permanent resident status, foreign students and foreign nationals affiliated with educational institutions linked to antisemitic activity.

Consistent with President Trump’s executive orders on Combatting Anti-Semitism, Additional Measures to Combat Anti-Semitism and Protecting the United States from Foreign Terrorists and Other National Security and Public Safety Threats, The Department of Homeland Security (DHS) stated that it is enforcing all relevant immigration laws to the maximum degree, to protect the homeland from extremists and terrorist aliens, including those who support antisemitic terrorism, violent antisemitic ideologies and antisemitic terrorist organizations such as Hamas, Palestinian Islamic Jihad, Hezbollah, or Ansar Allah aka: “the Houthis.”

“There is no room in the United States for the rest of the world’s terrorist sympathizers, and we are under no obligation to admit them or let them stay here,” said DHS Assistant Secretary for Public Affairs Tricia McLaughlin. “Sec. Noem has made it clear that anyone who thinks they can come to America and hide behind the First Amendment to advocate for anti-Semitic violence and terrorism – think again. You are not welcome here.”

Under this guidance, USCIS considers social media content that indicates an alien endorsing, espousing, promoting, or supporting antisemitic terrorism, antisemitic terrorist organizations, or other antisemitic activity as a negative factor in any USCIS discretionary analysis when adjudicating immigration benefit requests.

The Department of Homeland Security Secretary, Noem, has announced the termination of Temporary Protected Status (TPS) for Afghanistan, with the designation set to expire on May 20, 2025, and the termination taking effect on July 12, 2025.

On May 2, 2025, the Department of Homeland Security announced the rescission of Romania's Designation into the Visa Waiver Program. This means that from now on Romanians will need to apply for a B-2 visitor's visa.

As a response to the court cases filed to challenge the arbitrary and unlawful termination of SEVIS of F-1 students, ICE SEVP is affirmatively restoring students' SEVIS records.

Students whose record was terminated because of prior infractions, arrests or pending criminal cases, are now being reinstated.

So far no reports have been received of SEVIS restoration for individuals whose SEVIS records were terminated for political protest (pro-Hamas and pro-Palestinian activities)etc.

It is important to note that ICE ICE is developing a policy that will provide a framework for SEVIS record terminations. According to this reporting, until such a policy is issued, the SEVIS records for plaintiff(s) in this case (and other similarly situated plaintiffs) will remain Active or shall be re-activated if not currently active and ICE will not modify the record solely based on the NCIC finding that resulted in the recent SEVIS record termination. ICE asserts that the agency maintains the authority to terminate a SEVIS record.

It is recommended that students affirmatively reach out to their Designated School Officials (DSOs) to check if their SEVIS record, including their OPT (where applicable), has been restored and is accurate. If the record is not accurate, the DSO should request a correction (“data fix”) through the SEVP Response Center (SRC).

An international student whose visa has been revoked, but whose SEVIS record was restored, would likely need to reapply for a visa if they leave or have left the United States before returning.

In Monsalvo Velázquez v. Bondi, the U.S. Supreme Court ruled that the 60-day voluntary departure deadline in immigration proceedings does not include weekends or holidays. The 5-4 majority decision, delivered by Justice Gorsuch, reversed a 10th Circuit decision. This ruling comes amid heightened immigration enforcement efforts, as DHS Secretary Noem recently launched a multimillion dollar ad campaign warning undocumented individuals to leave the United States or face steep fines, imprisonment, and removal.

Immigration Enforcement Actions

• The Trump administration is focusing on international students, leading to high-profile arrests and concerns over First Amendment rights. ​
• The Department of State (DOS) and Immigration Customs Enforcement (ICE) are targeting students for visa revocation and removal. ​
• Over 300 student visas were revoked recently, with an AI-assisted program screening social media posts of visa holders. ​
• Economic impact includes a $43.8 billion contribution from international students to the U.S. economy during the 2023-2024 academic year. ​

Student Visa Management

• Student visas (F-1, M-1, J-1) are managed jointly by the federal government and universities through the SEVIS database. ​
• ICE has easy access to student information, allowing for swift actions against noncitizens. ​
• Visa status and noncitizen status are distinct; a revoked visa does not automatically mean removal from the U.S. ​

Visa Revocation Process ​

• Student visas can be revoked at the government's discretion, typically in extreme cases.  ​
• Recent revocations have been based on INA 237a4C, citing potential foreign policy consequences.
• Revocation does not immediately lead to removal; ICE must file a Notice to Appear (NTA) to initiate proceedings.

SEVIS Record Termination ​

• Termination of SEVIS records can occur without due process, impacting students' ability to work and re-enter the U.S. ​
• ICE has been terminating records for minor misdemeanors or dismissed cases, raising due process concerns. ​
• Students lose employment authorization and their dependents' status is also affected upon termination. ​

Due Process Protections ​

• Students can request reinstatement of their status, but the process is slow, and outcomes are uncertain. ​Universities are currently reluctant to issue Reinstatement I-20s to the students whose SEVIS was terminated.
• Limited due process protections exist for challenging visa revocation; removal proceedings require an NTA. ​
• Individuals can contest government evidence and seek legal representation during removal proceedings. ​

Today, U.S. Citizenship and Immigration Services (USCIS) announced implementation of a new family reunification parole (FRP) process for certain nationals of Ecuador. This process allows an eligible beneficiary to be considered for parole into the United States on a case-by-case basis while they wait for their family-based immigrant visa to become available. It is available by invitation only to certain petitioners with an approved Form I-130, Petition for Alien Relative, on behalf of an Ecuadorian beneficiary.

What You Need to Know
On Nov. 17, 2023, the Department of State’s National Visa Center (NVC) will begin issuing invitations to certain U.S. citizen or lawful permanent resident petitioners whose Form I-130 on behalf of an Ecuadorian beneficiary has been approved. After a petitioner receives an invitation, they can begin the FRP process by filing Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, and requesting to be a supporter of the principal beneficiary and any derivative beneficiary spouse and children. These beneficiaries may then be considered for advance travel authorization to travel to the United States to be considered for a discretionary grant of parole.

Petitioners must receive an invitation from the NVC before filing Form I-134A under this process. Petitioners may use our online tool to confirm whether they have been issued an invitation. If you are a petitioner and you believe you may be eligible, make sure the NVC has your current contact information and mailing address. To update your contact information and address, contact the NVC through their Public Inquiry Form.

Noncitizens paroled into the United States under this process will generally be considered for parole for up to three years and can request employment authorization while they wait for their immigrant visa to become available. When their immigrant visa becomes available, they may apply to become a lawful permanent resident.

Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or employment authorization documents (EADs) while their renewal application is pending. From October 27, 2023, those who are eligible will receive 180-day extensions in accordance with existing regulations, including those who have applied for or have received Temporary Protected Status or asylum.

In May 2022, however, USCIS announced a temporary final rule (TFR) that increased the automatic extension period for EADs available to certain EAD renewal applicants from up to 180 days to up to 540 days. Today’s change is not retroactive; all previous up to 540-day automatic extensions will remain in place.

USCIS is in the process of determining whether there is a need for a new regulatory action similar to the May 2022 TFR, notwithstanding past and ongoing operational improvements and efforts to accelerate EAD processing more broadly.  

As announced in the 2022 TFR, automatic extensions of employment authorization and EAD validity will be the original up to 180-day period for those eligible applicants who timely file a Form I-765 renewal applications on or after Oct. 27, 2023.  

For individuals who received an increased automatic extension period under the TFR, the increased automatic extension will end when they receive a final decision on their renewal application or when the up to 540-day period expires (counted from the expiration date of the employment authorization and/or their EAD), whichever comes earlier.

Meanwhile, USCIS recently published a Policy Manual update increasing the maximum EAD validity period to five years for initial and renewal applications approved on or after Sept. 27, 2023, for the following categories:

• Certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, granted asylum, and recipients of withholding of removal; and
• Certain noncitizens who must apply for employment authorization, including applicants for asylum and withholding of removal, adjustment of status, and suspension of deportation or cancellation of removal.

DV-2025 Program: The online registration period for the DV-2025 Program begins on Wednesday, October 4, 2023, at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4) and concludes on Tuesday, November 7, 2023, at 12:00 noon, Eastern Standard Time (EST) (GMT-5).  Submission of more than one entry for a person during the registration period will disqualify all entries for that person. 

Natives of the following countries and areas are not eligible to apply, because more than 50,000 natives of these countries immigrated to the United States in the previous five years: Bangladesh, Brazil, Canada, The People's Republic of China (including mainland and Hong Kong born), Colombia, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, Republic of Korea (South Korea), Venezuela and Vietnam.

Natives of Macau SAR and Taiwan are eligible.

To apply for the DV Lottery read the instructions at https://travel.state.gov/content/travel/en/us-visas/immigrate/diversity…