April 29, 2020

Temporary Restraining Order Filed Against Trump’s Immigration Ban In Order to Protect Children

The first group of litigants have filed a Temporary Restraining Order (“TRO”) against U.S. President Donald Trump’s Immigration Ban. The TRO petition, which was filed in the U.S. Federal District Court in Oregon, seeks an immediate, limited order to protect family-based preference immigrants under the age of 21 from being unable to immigrate once the ban is lifted.

Family-based applicants, unlike immediate relatives, are subjected to a lengthy adjudication process which in some cases can result in a wait of up to 25 years for a visa to become available due to a Congressional numerical cap. Consequently, applicants under the age of 21 risk aging out (turning 21) rendering them ineligible to receive an immigrant visa. Specifically, these applicants include the following:

Children of lawful permanent residents;
Children where the primary beneficiary is an unmarried son or daughter of a U.S. citizen;
Children where the primary beneficiary is a married son or daughter of a U.S. citizen;
Children where the primary beneficiary is a brother or sister of a U.S. citizen.

Although routine consular operations worldwide were suspended in the middle of March in response to the COVID-19 pandemic, U.S. embassies and consulates have retained the right to accept emergency visa appointments including those applicants who risk aging out. The TRO petition further alleges that including these applicants in the immigration ban would result in these applicants being unable to seek an emergency appointment and thus, be prevented from immigrating to the United States.

For more information, contact us at info@enterlinepartners.com and speak with one of our U.S. immigration lawyers in Asia at our offices in Ho Chi Minh City, Manila and Taipei.

ENTERLINE & PARTNERS CONSULTING

Ho Chi Minh City, Vietnam Office
3F, IBC building
1A Cong Truong Me Linh Str.
District 1, HCMC, Vietnam
Tel: +84 933 301 488
Email: info@enterlinepartners.com
Facebook: Enterline & Partners – Dịch vụ Thị thực và Định cư Hoa Kỳ
Website: http://enterlinepartners.com

Manila, Philippines Office
Unit 2507 Cityland 10 Tower 1
156 H.V. Dela Costa Street
Makati City, Philippines 1209
Tel: +632 5310 1491
Email: info@enterlinepartners.com
Facebook: Enterline and Partners Philippines
Website: https://enterlinepartners.com/language/en/welcome/

Categories: COVID-19, EO, Executive Order, Immigrant Visa, Immigration, Immigration Policy, Trump, U.S. Visa, Visa

What is a K-3 Nonimmigrant visa?

Can I send my Absentee Ballot to a U.S. Embassy or Consulate for the Upcoming Presidential Election?

What is myUSCIS?

Who can vote in the U.S. Presidential Election?

our services

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration

Latest News

Federal Judge Strikes Down Parole-in-Place Program

A U.S. Federal Court Judge has struck down Parole-in-Place following an earlier decision granting the State of Texas and fifteen (15) other states an administrative stay two months ago. Judge J. Campbell Barker of the Eastern District of Texas ruled that the program, which would fast-track permanent residency to certain undocumented immigrants to obtain lawful permanent residents who are spouses and stepchildren of U.S. citizens, “exceeded its statutory authority and is not in accordance with the law.” Judge Barker further added that the program “focuses on the wrong thing, in identifying ‘significant public benefits’- the benefits of aliens’ new legal status – rather than their presence in the country.” At the time of publishing this article, it is unclear whether the Biden Administration will appeal Judge Barker’s ruling. For more information on this ruling, please contact us at info@enterlinepartners.com. ENTERLINE & PARTNERS CONSULTING   Ho Chi Minh City, Vietnam Office   146C7

What is a K-3 Nonimmigrant visa?

A K-3 visa is a nonimmigrant visa that allows a foreign spouse of a U.S. citizen to enter the United States while their Form I-130 Petition for Alien Relative (“I-130 Petition”) is undergoing adjudication with the United States Citizenship and Immigration Services (“USCIS”). The goal of a K-3 is to shorten the time that a foreign spouse is separated from his or her U.S. citizen spouse during the immigration process. The K-3 visa is specifically for foreign spouses of U.S. citizens who have already filed their I-130 Petition but have not received an approval. In order to file for a K-3 visa, the U.S. citizen spouse must first file an I-130 Petition with USCIS. Afterwards, the U.S. citizen spouse files a Form I-129F Petition for Alien fiancé(e). (“I-129F Petition”) with supplemental documentation. If the I-129F Petition is approved before the I-130 Petition, the foreign spouse can consular process for a

Can I send my Absentee Ballot to a U.S. Embassy or Consulate for the Upcoming Presidential Election?

We have previously discussed who is eligible to vote in U.S. elections and how American citizens abroad (i.e. Vietnam, the Philippines, and Taiwan) can send their ballots by mail or use designated dropboxes to vote for their presidential and state and local candidates. U.S. citizens who are unable to physically drop off their ballots at certain locations in Vietnam, the Philippines and Taiwan may also mail their ballots directly to the U.S. Consulate in Ho Chi Minh City, the U.S. Embassy in Manila, or the American Institute in Taiwan in Taipei at the following addresses: U.S. Consulate Ho Chi Minh CityAmerican Citizen Services Unit4 Le Duan Blvd. District 1Ho Chi Minh City, Vietnam U.S. Embassy ManilaAmerican Citizen Services Unit1201 Roxas Blvd.Manila, Philippines 1000 American Institute of TaiwanAmerican Citizen Services Unit100 Jinhu Road Neihu DistrictTaipei, Taiwan 114017 When sending sealed ballots to the addresses above, registered voters will need two envelopes.

Temporary Restraining Order Filed Against Trump’s Immigration Ban In Order to Protect Children

CATEGORY

Over 18,000 successful customers with Enterline &Partners, realizing the dream of immigration

Latest News

Over 18,000 successful customers with Enterline &
Partners, realizing the dream of immigration