Whether and how to divulge one’s history of contact with law enforcement is an area of substantial confusion among applicants for admission to the US under the Visa Waiver Program (VWP) as well as for applicants for visas, Green Cards, or citizenship. Not only can such a simple question conjure the very worst moments in someone’s life, the appearance of the question alone can portend a potential delay or denial of the benefit foreign nationals are seeking.
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When Amanda Saab—a social worker, amateur chef, and practicing Muslim who wears a hijab—heard then-presidential candidate Trump’s call for a ban on Muslim immigrants to the US, she realized that a lot of Americans must not know any Muslims. “Have I played a part in that?” she asked herself. “Have I not reached out to people and given them an opportunity to meet me?” Her solution? Invite strangers to dinner.
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Obtaining a US work visa can be a complex and daunting process. To obtain an O-1, for example, petitioners/sponsors must gather evidence to establish that the foreign national they wish to employ or represent is extraordinary. This evidence may include press citations, critical reviews, samples of the foreign national’s work, contracts, endorsements, testimonials, and evidence of high salary, among other items. So it’s understandable that after all the evidence is obtained and the O-1 petition is prepared and signed, many petitioners and their foreign national beneficiaries are surprised to find out that before their cases can be filed with US Citizenship & Immigration Services (USCIS), the petitioner/sponsor needs to obtain a “consultation letter” from a relevant labor organization or peer group.
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Last Wednesday, Senator Bob Casey from Pennsylvania tried to stop a deportation on Twitter. The senator had been informed about the plight of a Honduran woman and her son who had tried to seek refuge in the United States after hit men killed her cousin in Honduras. She crossed the US/Mexico border in Texas in December 2015, but failed to pass her credible fear interview, which is necessary to seek asylum. After being held at a detention center in Pennsylvania with her son for over a year, she was going to be returned to Honduras that day.
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The Department of Homeland Security (DHS) last week announced the creation of an office to assist victims of crimes committed by undocumented immigrants, part of an effort by President Trump to aggressively curtail undocumented immigration. The office, called Victims of Immigration Crime Engagement (VOICE), is part of US Immigration and Customs Enforcement (ICE), the agency tasked with deportations, and was created in response to President Trump’s January executive order, Enhancing Public Safety in the Interior of the United States, which also prioritized the removal of large numbers of the unlawfully present immigrant population and expanded the “expedited removal” process.
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