Upcoming Monthly Seminar – January 13, 2024!

The next seminar will be January 13, 2023, and will start at 9:30am. After the seminar, attendees will be given the opportunity to have a free general consultation with our experienced immigration attorneys. Seating is limited, so please call our office to sign up for the next seminar. 

Update on House/Senate Bill 4

New Senate Bill 4 will give law enforcement greater protection and power to arrest people they believe have entered Texas between U.S. Ports of Entry from another nation. The bills also create new types of crimes that can only be committed by non-US Citizens or Nationals. The three new crimes are:

• Illegal Entry from Foreign Nation - which starts as a Class B misdemeanor, with up to 180 days imprisonment and can be enhanced to a State Jail Penalty for repeat offenders;
• Illegal Reentry by Certain Aliens – which starts as a Class A misdemeanor, with up to 1 year of imprisonment, enhanced to a 2^nd degree felony if the individual has other criminal convictions before being charged with this offense; and
• Refusal to Comply with Order to Return to a Foreign Nation – which carries a 2^nd degree felony charge or up to 20 years of imprisonment.

The bills also create new criminal procedures that (1) allow State officials to dismiss the charges and order the individual removed according to the new directions for transport and monitoring and (2) if charged, require a judge to enter an order to transport the individual to a Port of Entry after the person completes their sentence.

Additionally, the bills prevent judges from placing anyone convicted of the new crimes in any alternative program to serve their sentence and protect all law enforcement officers, State officials, and contractors from any legal liability for enforcing the bills.

The law is set to take effect in March 2024, but the American Civil Liberties Union (ACLU) filed a suit challenging the law, saying Senate Bill 4 violates the Constitution and oversteps federal laws. 

Extensions of Re-Registration Periods for Temporary Protected Status

On December 13, 2023, the Department of Homeland Security published a notice stating that the re-registration periods for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan are changing. Current TPS beneficiaries who properly filed for TPS during a previous registration period can submit Form I-821 and Form I-765 during the full extension period for each country.

The 18-month re-registration period for current TPS beneficiaries are as follows:

• El Salvador is currently open and now runs through March 9, 2025;
• Haiti is currently open and now runs through Aug. 3, 2024;
• Honduras is currently open and runs through July 5, 2025;
• Nepal is currently open and runs through June 24, 2025;
• Nicaragua is currently open and runs through July 5, 2025; and
• Sudan is currently open and now runs through April 19, 2025.

Access to Counsel in ICE Detention – Expanding the Virtual Attorney Visitation Program

U.S. Immigration and Customs Enforcement (ICE) detention standards require that detained individuals have confidential contact with their legal representatives. Where available, programs such as the Virtual Attorney Visitation (VAV) program and the separate video-visitation programs, allow attorneys to visit their clients virtually. For more information on facilities with VAV or separate video-visitation programs, visit  https://www.ice.gov/detain/detention-facilities/vav. 

ICE is piloting a program called Socrates 360 to allow for access to counsel in detention. This program will allow detainee communications, virtual legal visits, messaging, and electronic exchange of legal documents. The program is currently being piloted in three locations: El Valle Detention Facility (Raymondville, TX), Imperial Regional Detention Facility (Calexico, CA), and IAH Polk Adult Detention Facility (Livingston, TX). 

Visa Renewal Pilot Program

The Department of State (DOS) launched a Stateside Renewal Visa Pilot Program for around 20,000 H-1B holders. The program will allow eligible H-1B principals from India and Canada to remain in the U.S. while renewing their visas. The pilot program will run from January 29 – April 1, 2024, with approximately 4,000 application slots.

Participation is limited to applicants who: (1) are renewing an H-1B visa (2) were issued the visa being renewed from Mission Canada between January 1, 2020 – April 1, 2023, or Mission India between February 1, 2021 - September 30, 2021 (3) are not subject to a nonimmigrant visa issuance fee (4) are eligible for a waiver of the in-person interview requirement (5) have previously submitted fingerprints to the department (6) whose previous visa does not have a “no clearance” annotation (7) do not have a visa ineligibility (8) have an approved and unexpired H-1B petition (9) were admitted to the U.S. in H1-B status (10) have H-1B status (11) whose status has not expired and (12) who intend to reenter the U.S. in H-1B status. 

Designation of Israel into the Visa Waiver Program

On September 26, 2023, the Department of Homeland Security announced the designation of Israel into the Visa Waiver Program (VWP). Now, citizens and nationals of Israel can apply to travel to the United States for tourism or business purposes for up to 90 days without first obtaining a U.S. visa. Israeli citizens traveling under this program require a round-trip or onward ticket departing the U.S. Additional information on the VWP can be found at www.dhs.gov/visa-waiver-program.

Visa Bulletin Update – January 2023

For all family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January 2023. If the applicant has a priority date earlier than the one in the chart, they can begin submitting their documents.  

DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS