Noncitizens with valid immigration documents targeted for Pro-Palestine Activity
In March 2025, the Trump Administration began targeting noncitizens with valid immigration documents due to their connections to the pro-Palestine movement. Noncitizens were either denied entry into the U.S. after returning from a trip abroad, were arrested in the U.S. and placed in immigration detention, or are facing deportation charges. These individuals include: Mahmoud Khalil, a lawful permanent resident and Columbia University graduate student; Rasha Alawieh, MD, a Brown University professor and doctor with a valid H-1B visa; and Rumeysa Ozturk, a Tufts University Ph.D. student with valid F-1 nonimmigrant status. Several of these individuals were promptly moved to a Louisiana detention center without prior notice to their immigration attorneys and sometimes in violation of a court order.
New USCIS Registration Requirement for Noncitizens who Turn Fourteen Years Old While in the United States
Starting on April 11, 2025, USCIS will require registration of all noncitizens (including Legal Permanent Residents) 14 years old or older “who were not fingerprinted or registered when applying for a U.S. visa and who remain in the United States for 30 days or longer.” Most noncitizens with valid immigration status were already registered as part of the visa interview and I-94 issuance process. Noncitizens under the age of fourteen upon last entry were likely also already registered, but the new USCIS guidance requires them to “re-register” within 30 days after their fourteenth birthday.
Nonimmigrants may submit their registration online via Form G-325R. Once a noncitizen registers, USCIS will issue them evidence of their registration. Noncitizens must then carry this evidence with them at all times.
Failure to register could result in fines, imprisonment, or other penalties. However, registration of undocumented noncitizens would alert USCIS to the noncitizen’s presence in the United States. Please contact an immigration attorney if you have concerns about undocumented individuals registering.
Visa Bulletin Update - April 2025
The Department of State publishes a monthly Visa Bulletin which identifies all immigrant visa “preference” categories and indicates whether a backlog exists for each one. The categories are separated into two charts: a “Final Action” chart and a “Dates for Filing” chart for both family and employment-based immigration.
USCIS determined that the Dates for Filing chart must be used in March 2025. EB-2 and EB-3 preference categories remain backlogged for all countries, which means that individuals in these categories may not file Form I-485 applications until their priority dates become “current.” A priority date is current when it is earlier than the date listed in the Visa Bulletin.
In the March 2025 Visa Bulletin, the State Department advanced Final Action dates for employment-based cases by 1-5 months for noncitizens in the 2nd, 3rd, 4th, and Other Workers categories. There were no changes in the EB-1 category.
The employment-based Final Action date advancements are as follows:
EB-1: no change
EB-2:
Mexico, Philippines, and All Other: advanced 5 weeks
China: advanced about 5 months
India: advanced 1 month
EB-3:
Mexico, Philippines, and All Other: advanced 1 month
China: advanced 3 months
India: advanced 2 months
Other Workers:
Mexico and All Other: advanced about 3.5 months
Philippines: advanced 4 months
China: advanced 3 months
India: advanced 2 months
Link: Visa Bulletin For April 2025
If you have questions about planning, please schedule a consultation with one of the attorneys at Iandoli, Desai & Cronin (info@iandoli.com).
H-1B Cap Season Update
On Monday, March 31, 2025, USCIS announced that it received enough H-1B cap registrations to reach the Fiscal Year 2026 H-1B numerical allocations and that it had completed all lottery selections. USCIS notified all prospective petitioners of their beneficiaries’ lottery selections through their online account. Prospective petitioners now have until June 30, 2025 to file H-1B cap petitions on behalf of beneficiaries who were selected in the lottery.
Leaked Draft of Trump Travel Ban Targets Foreign Nationals from 43 Countries
A leaked draft of the Trump Administration’s travel ban list named 43 countries whose citizens would be restricted or barred from entering the United States. The named countries are separated into three categories: citizens from countries in the red category would face a complete ban from entering the US; citizens from countries in the orange category would face sharp restrictions in visa issuance or use; and countries in the yellow zone have 60 days to address the concerns that the Trump Administration raised with their security and vetting processes. The list is several weeks old and may change before final publication. The draft list was published in The New York Times here.
IDC Presentation at Boston Bar Association Higher Education Conference
On March 12, 2025, the BBA hosted their annual Higher Education Legal Conference. As part of the opening sessions, immigration attorneys from Iandoli Desai & Cronin, P.C., Mary Walsh and Alison Howard-Yilmaz, were part of a panel that presented on ”Trending Now in Higher Ed.” This panel took a deep dive into two of the major issues impacting Higher Ed: Federal Grant funding freezes and immigration. Attorneys Walsh and Howard-Yilmaz focused on the sweeping immigration changes and uncertainties in the first 50 days of the Trump administration. They highlighted key executive orders, including potential upcoming travel bans, increased immigration enforcement priorities, and shifts in deportation policies. They analyzed how these actions immediately affected students, faculty and staff at institutions of higher ed. Beyond outlining policy shifts, Attorneys Walsh and Howard-Yilmaz provided practical guidance for navigating the rapidly evolving landscape. They emphasized the importance of staying informed and preparing their campuses for increased scrutiny and potential ICE enforcement actions. The session underscored the necessity of resilience and adaptability in the face of heightened uncertainty.
What to Expect if Placed in Secondary Inspection by Customs and Border Patrol at the Airport
If Customs and Border Protection (CBP) places you into secondary inspection for further investigation upon arrival at an airport, it is crucial to stay calm and understand your rights and what to expect. This can happen for various reasons, including routine checks, visa issues, or travel history concerns. In addition, CBP may:
Search Belongings: Officers may inspect your luggage, electronic devices, and personal belongings. They may ask you to unlock your phone or laptop. While you have the right to refuse, this could result in further delays or even denial of entry.
Please see general information linked here about electronic device searches to be aware of CBP searches that could be conducted at either a land or airport port of entry when you apply for admission to the U.S. after international travel.
Prolonged Detention: Some inspections take hours, and in certain cases, travelers may be held overnight. Those travelling with you will not be informed on how long the process will take. You will also not be able to contact them with updated timeframes. They may wish to go home. They should notify your emergency contact immediately.
Pressure to Withdraw Your Application for Entry: If CBP believes you are inadmissible, they may pressure you to voluntarily withdraw your application for entry instead of undergoing formal removal proceedings. This could prevent you from returning for a set period.
Expedited Removal: In some cases, CBP can issue an expedited removal order, which may bar you from returning to the U.S. for five years or more.
What You Should Do:
Remain Calm & Polite: Avoid arguments or confrontation with officers.
Answer Questions Truthfully but Briefly: You have the right to remain silent on certain questions, but lying can have serious consequences.
Do Not Sign Anything Without Understanding It: If pressured to sign documents, request an explanation or legal counsel if possible.
Request to Contact a Lawyer: While non-citizens do not have the right to an attorney in CBP inspections, you can ask to communicate with legal counsel. If you have a legal representative, let CBP know.
Document the Encounter: If released, write down everything you remember, including officer names, questions asked, and anything you were asked to sign.
Who to Contact for Help:
If you are detained, try to contact a trusted family member or friend. We recommend they have the names of several possible immigration attorneys who specialize in deportation/removal to contact on your behalf.
Remember, CBP decisions at the airport can have lasting effects on your immigration status. Knowing what to expect can help you navigate this process more effectively. Stay informed and be prepared.
Travel Advisory & Client Reminder: Documentation Requirements for Entry After International Travel
April 1, 2025
In light of recent well publicized incidents involving the refusal of entry of non-citizens, the anticipated imposition of travel bans on certain countries, and a presidential directive to exact “maximum” vetting on visa applicants and travelers, we would like to remind non-citizens of the basic requirements for seeking admission into the United States.
Travel by Lawful Permanent Residents
Lawful Permanent Residents (LPRs) or “green card” holders who returning from a brief trip (less than 180 days in duration) with a valid green card are not regarded as seeking an “admission” for immigration law purposes unless a U.S. Customs and Border Protection Officer (CBP Officer) alleges that the LPR has abandoned their residence, departed while in removal proceedings, engaged in illegally activity after departure, committed certain offenses in the past, or is attempting to enter the U.S. at an unauthorized location. LPRs who do present such issues generally should not be questioned about their immigration status. However, the inspection process is a direct encounter with a CBP Officer and may expose LPRs who have publicly expressed an opinion on an issue that the current administration opposes to additional scrutiny. The current administration appears to be actively engaged in a program to censor and silence non-citizens through the deportation process. Several deportation actions have been lodged against non-citizens, including LPRs, who have voiced opinions that the current administration has deemed “anti-American”. Accordingly, LPRs who have a history of expressing political opinion should be prepared for additional review, which could result in the institution of deportation proceedings.
Travel by Nonimmigrants
The re-entry rules for temporary non-immigrant travelers are very different. As a starting point, it is important to understand that U.S. immigration law requires a non-immigrant traveler to prove to the inspecting CBP Officer at the time of arrival that they are fully admissible in a particular visa category. The burden of proof remains on the non-immigrant traveler regardless of the number of prior successful entries.
For example, we recommend that all non-citizens seeking admission to the United States, including H-1B, O-1, L-1, E-3, etc.[1] have ready for presentation at the time of inspection:
A passport which is valid for at least 6 months that is not issued by a country that is subject to a travel ban.
A valid visa in the category in which they are seeking admission. (The visa requirement generally does not apply to citizens of Canada.)
If the CBP Officer asks for evidence that the non-citizen is returning to work (or beginning employment, depending on individual circumstances):
a. Form I-797 petition approval notice
b. Three recent pay statements
c. Recent letter from petitioner confirming continued employment.
Please note that presentation of the above does not guarantee admission to the United States. Individuals seeking admission in an employer-sponsored non-immigrant category must be familiar with the terms of the petition filed on their behalf and be able to explain to the inspecting officer(s) the nature of their work. You must be familiar with the details of the petition including job title, duties, worksite(s) and compensation listed on the petition. The officer may review the visa holder’s responses against the petition, to which they will have access through various government databases.
In addition to verifying that the non-immigrant visa holder is intending to abide by the terms of the visa category that they seek admission into, the CBP Officer has wide latitude to investigate other issues. All travelers are subject to additional scrutiny on a random basis. The scope of the additional investigation can include review of data on electronic devices, such as smart phones and laptops as well as the visa holder’s on-line presence.
Issues for All Travelers
Non-citizen travelers are particularly at risk of being denied re-admission or subject to additional scrutiny and interrogation at the port of entry if the CBP Officer suspects that the traveler raises concerns involving matters including, but not limited, to:
Immigration Issues
It has been reported that CBP Officers are reviewing non-immigrant travelers’ past statements and responses on visa related applications. A discrepancy (material or otherwise) on prior applications may form the basis of a determination of willful misrepresentation or fraud leading to visa revocation and a denial of entry.
National Security and Terrorism Issues
Travel to certain regions associated with heightened security risks (e.g., conflict zones) may subject non-citizen travelers to additional questioning or scrutiny. CBP Officers may review social media accounts and private data on electronic devices to investigate ties to or support of terrorist organizations, individuals, or movements. A suspected tie, even those that are remote or tenuous, to an alleged terrorist organization or person can lead to visa revocation and a denial of entry. Media reports indicate that the recent refusal of admission of a physician at Logan Airport involved matters discovered in her mobile phone, including deleted photos.
Criminal Issues
Past arrests, indictments, or probable cause findings, even where the ultimate court disposition is a “dismissal” under state or federal law, may be deemed a conviction under federal immigration law and can result in visa revocation and denial of entry. In addition, a mere accusation of having committed an offense involving marijuana or other controlled substances, fraud, theft, domestic violence, or crimes of moral turpitude, can lead to further investigation and resulting in visa revocation and denial of entry.
Given the sudden fluctuations in U.S. immigration policies and each traveler’s unique circumstances, the outcome of the admission process is not predictable. Therefore, please consider travelling internationally only if necessary.
Non-citizens seeking admission in F-1 or J-1 status must consult with their school’s international office to obtain a list of documents that they should have ready for presentation. Non-citizens seeking admission in other categories should consult the specific requirements applicable to their category.
Twenty-seven religious organizations sue Trump Administration for allowing ICE to raid houses of worship
Last month, President Trump rescinded previously longstanding guidance that prevented Immigration and Customs Enforcement (ICE) from conducting immigration enforcement at “sensitive locations,” which includes churches, mosques, synagogues, and other houses of worship. ICE is now able to enter these spaces to question people and arrest noncitizens who ICE accuses of violating immigration law. In response to this change, 27 Christian and Jewish organizations filed a lawsuit against the Trump Administration for infringing on their religious freedom. Their lawsuit states that the new policy spreads a fear of raids that lowers attendance at house of worship services and programs.
Trump Administration shortens TPS validity period for Haitian nationals
On February 20, 2025, the Secretary of Homeland Security partially vacated the Biden Administration’s extension and redesignation of Temporary Protected Status (“TPS”) for Haiti. TPS grants foreign nationals of the designated country a period of authorized stay that protects them from deportation and enables them to apply for employment authorization. The partial vacatur shortened Haitian nationals’ TPS validity period by six months to August 3, 2025.
Any links to the announcements or Federal Register Notices to include in these topics?