Tag: Green Card Holders

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KNOW AND UNDERSTAND YOUR RIGHTS: For Green Card Holders Detained at a U.S. Port of Entry or Airport

Know Your Rights Green Card Holder Detained US Airport
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Green card holders returning from international travel have fundamental rights. A valid green card serves as proof that the traveler is authorized to enter the United States as a returning resident. However, if the Customs and Border Protection (CBP) officer has concerns about your immigration history, prior criminal activity, or past violations, you may be referred to secondary inspection for further questioning.

Determining Your Status Upon Re-Entry

If CBP determines that you are a returning resident, you should be processed quickly and allowed to enter the U.S. However, if CBP categorizes you as an arriving alien, you may be found inadmissible and subject to removal proceedings.

You may be classified as an arriving alien if you:

  • Abandoned or relinquished your lawful permanent resident (LPR) status
  • Were absent from the U.S. for more than 180 consecutive days
  • Engaged in illegal activity after departing the U.S.
  • Left the U.S. while in removal or extradition proceedings
  • Committed certain crimes, unless you were granted a waiver
  • Attempted to enter the U.S. without inspection

If you are categorized as an arriving alien, you may be placed in detention, denied entry, or required to appear before an immigration judge.

Your Right to a Hearing Before an Immigration Judge

If CBP deems you an arriving alien and charges you as removable, you have the right to a hearing before an immigration judge. Only an immigration judge—not CBP—can make a final decision regarding your lawful permanent resident status.

If CBP believes you have abandoned your residence but you refuse to sign a Form I-407 (Record of Abandonment of Lawful Permanent Resident Status), CBP must issue you a Notice to Appear (NTA) so you can present your case in immigration court.

What to Expect at Secondary Inspection

Referral to secondary inspection is not an automatic denial of entry. It is an additional screening process where CBP officers will:

  • Ask you questions about your travel and background
  • Collect biographic and biometric data
  • Conduct record checks
  • Determine whether you qualify as a returning resident or an arriving alien

This process can take anywhere from a few minutes to several hours, depending on the complexity of your case.

Your Rights During Secondary Inspection:

  • Right to Contact Your Consulate: You may request assistance from your home country’s consulate. The consulate can help you communicate with a lawyer or your family.
  • Right to Request a Lawyer: Although CBP may inform you that you do not have the right to legal counsel during inspection, you should still ask CBP to document your request for an attorney.
  • Right to Review Documents in a Language You Understand: Any documents CBP presents to you should be available in a language you can read and understand.
  • Right to Refuse to Sign Documents You Do Not Agree With: You are not required to sign any documents if you disagree with their contents.

Privacy Limitations:

  • No Right to Privacy for Electronic Devices: CBP has the authority to inspect your personal belongings, including your phone, laptop, and other digital devices. They may review emails, social media accounts, and other personal data.
  • CBP May Retain Your Devices: Your electronic devices may be held temporarily and returned to you at a later time.

Abandonment of Residence – Know Your Rights

CBP may claim that you abandoned your U.S. residence due to prolonged absences from the country and may pressure you to sign Form I-407 (Record of Abandonment of Lawful Permanent Resident Status).

Important Facts About Abandonment:

  • Time Spent Abroad Alone Does Not Automatically Lead to Losing Your Green Card. CBP must prove by clear, unequivocal, and convincing evidence that you intended to abandon your U.S. residence.
  • Form I-407 Must Be Signed Voluntarily. You are not required to sign it, and there are no negative consequences for refusing to sign.
  • If You Sign Form I-407: You still have the right to request a hearing before an immigration judge to contest the abandonment claim.
  • If CBP Takes Your Green Card: You have the right to request alternative proof of your lawful permanent resident status, such as a stamp in your passport.

Proactive Steps to Protect Your Status

To avoid delays or legal complications at the airport, consult with an immigration attorney before traveling if:

  • You have a criminal record (including arrests, convictions, or pending charges).
  • You have a pending application with U.S. Citizenship and Immigration Services (USCIS) or the immigration court (EOIR).
  • There are undisclosed issues in your immigration history that could raise concerns during re-entry.

Final Takeaway

As a lawful permanent resident, knowing your rights is crucial when traveling internationally. Not all green card holders face detention upon return, but those classified as arriving aliens may be subject to increased scrutiny and enforcement actions.

Remember: Your green card is your legal proof of U.S. residency, and you should not be pressured into relinquishing it. If questioned, detained, or pressured to sign documents, stand your ground, assert your rights, and seek legal advice.

For more information about your rights and responsibilities as a lawful permanent resident or if you need legal advise contact our attorneys at Tancinco Law, P.C at (415)397 0808 or email us at law@tancinco.com or visit our website at www.tancinco.com

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Are you a Green Card holder and at risk of being detained at a U.S. airport?

Green Card Holder At Risk Detained US Airport
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Nowadays, a non-U.S. citizen returning from travel outside the United States is not necessarily guaranteed a smooth entry, even with a validly issued visa or lawful permanent resident (LPR) status. Many immigrants—including not just undocumented individuals but also green card holders—are increasingly fearful of their status. This atmosphere of fear has been fueled by the current administration’s heightened enforcement of immigration laws, along with stricter scrutiny of individuals’ past immigration and criminal histories upon entry into the U.S.

With recent news reports of numerous LPRs being detained at airports, this article aims to provide guidance on whether you might be at risk of possible detention or arrest upon arrival.

Why Are Lawful Permanent Residents Being Detained at Ports of Entry/Airports After Traveling Abroad?

A non-U.S. citizen is granted lawful permanent resident status by the U.S. Citizenship and Immigration Services (USCIS) to allow them to permanently reside and work in the United States. Green cards may be issued through family-based or employment-based petitions, as well as humanitarian visas.

However, holding a green card does not mean that your status is truly “permanent” or that you are automatically guaranteed re-entry into the U.S. Like temporary visas, lawful permanent resident status is a privilege granted by the U.S. government—not an absolute right. If you fail to meet the residency requirements or engage in conduct that violates immigration laws, your green card may be revoked.

Traveling and Returning to the United States

General Rule

As a green card holder, you generally should not fear returning to the U.S. after traveling abroad. However, if you have a case or past actions that fall under grounds for revocation of your green card, you could face detention and secondary inspection by Customs and Border Protection (CBP) officers at the port of entry.

Returning Resident vs. Arriving Alien

In immigration law, understanding certain key terms is essential. When entering the U.S. with a valid visa—whether a green card or a temporary visa—you are expected to be admitted after inspection of your travel documents. If no legal grounds exist to deny your entry, CBP must allow you in. However, if there are deficiencies in your visa or circumstances rendering you inadmissible, you may be classified as an “arriving alien” rather than a “returning resident.”

Generally, green card holders are not considered arriving aliens. However, there are exceptions where an LPR may be classified as an arriving alien, which could put them at risk of inadmissibility and denial of entry.

For example, an LPR may be deemed an arriving alien if CBP suspects that they abandoned their resident status or if they fall under a category subject to removal from the United States. If this occurs, the CBP officer may place the individual in secondary inspection, detain them at the airport, or refer them to Immigration and Customs Enforcement (ICE), depending on the nature of their case.

Categories of Green Card Holders Who May Be Detained or Considered Arriving Aliens

Even before the current administration’s restrictive enforcement of immigration laws, legal provisions already existed for classifying certain green card holders as arriving aliens under Immigration and Nationality Act (INA) Section 101(a)(13)(C). A green card holder may be deemed an arriving alien if they:

  • Have abandoned or relinquished their resident status
  • Have been absent from the U.S. for a continuous period exceeding 180 days
  • Have engaged in illegal activity after departing the U.S.
  • Departed the U.S. while under legal proceedings for removal
  • Have committed an offense that falls under INA Section 1182(a)(2) unless granted relief under INA 1182(h) or 1229b(a)

Criminal grounds of inadmissibility referred to in number 5 category refer to:

  1. Crime involving moral turpitude;
  2. Multiple criminal convictions;
  3. Controlled substance traffickers;
  4. Prostitution and commercialized vice;
  5. Human Trafficker;
  6. Money Laundering

To complicate matters for arriving aliens, there are certain crimes that require the law enforcers to detain non-U.S. citizens because of the Laken Riley Act which was enacted immediately after President Trump took office. Added to the crimes defined under existing law above, the following crimes may render the returning resident into stricter scrutiny:

  1. Burglary;
  2. Theft;
  3. Larceny;
  4. Shoplifting;
  5. Assault of law enforcement officer;
  6. Crime resulting in death or serious bodily injury to another person.

If an LPR falls into any of these categories—including those with prior criminal convictions—CBP may classify them as an arriving alien and detain them at the port of entry. However, similar to other immigrants detained after enforcement actions, LPRs detained at ports of entry still have rights they can exercise.

Before Traveling Abroad or Returning to the United States

The mere passage of time since receiving your green card or the fact that you have previously traveled in and out of the U.S. without incident does not guarantee future entry. Given the stricter enforcement environment, it is crucial to exercise due diligence before traveling.

What You Should Do:

  1. Consult an immigration attorney before traveling if:
    • You have a prior arrest or criminal record (convictions or pending charges)
    • You have a pending case with immigration court or USCIS
    • There is anything in your immigration history that was not disclosed during your green card application and could raise questions upon re-entry
  2. Be mindful of extended absences from the U.S.
    • Staying outside the U.S. for more than six months may have serious consequences. While this alone may not revoke your green card, CBP may view it as evidence of abandonment.
    • If pressured to sign an abandonment of residence form at the airport, know that you are not required to sign it against your will.
  3. Know your rights as a lawful permanent resident.
    • Understanding the legal framework surrounding LPR status will help you navigate interactions with CBP officials and avoid unnecessary complications upon return.

Final Thoughts

Not all green card holders are at risk of being detained at the airport upon re-entry. However, those classified as “arriving aliens” may face heightened scrutiny and potential enforcement actions by CBP. If you are an LPR, remember: “Use it, or lose it.”

(Author Atty. Lourdes Santos “Atty. Lou” Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C., law firm established since 1992.  She is also a producer/host of Pusong Pinoy sa Amerika, an immigration law informational show aired on GMA Pinoy TV. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Understanding Your Responsibilities Under USCIS’ Affidavit of Support

Understanding Your Responsibilities Under USCIS’ Affidavit of Support
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Are you a U.S. citizen or permanent resident planning to sponsor or co-sponsor an eligible family member for a green card? If so, you’ll need to sign an Affidavit of Support, known as Form I-864. But what exactly does this entail, and what are your responsibilities? Let’s break it down.

What Is Form I-864?
By signing Form I-864, you’re making a legally binding promise to financially support the person you’re sponsoring. This ensures they won’t have to rely on government assistance.

Who Must Sign?
Primary Sponsor: The main sponsor must be a U.S. citizen or permanent resident petitioning for the immigrant’s green card.
Joint Sponsor: If the primary sponsor’s income doesn’t meet the requirements, a joint sponsor is needed. This person shares the same responsibilities as the primary sponsor.

Sponsor Eligibility
To be a sponsor, you must:

  • Be at least 18 years old.
  • Be a U.S. citizen or permanent resident.
  • Have an income at least 125% above the Federal Poverty Guidelines.

Key Responsibilities
As a sponsor, you must ensure the immigrant maintains an income of at least 125% of the Federal Poverty Guidelines. If their income falls below this level, you’re responsible for providing financial support.

Financial Risks and Considerations
Legal Consequences: If you fail to provide support, the sponsored person can sue you. You may also be liable for court and legal fees.
Bankruptcy: Declaring bankruptcy does not absolve you of your obligations under Form I-864.
Government Benefits: You must repay any means-tested benefits the sponsored person receives, such as Medicaid, SNAP, TANF, or SSI. You’re not responsible for reimbursing non-means-tested benefits like emergency medical services or unemployment benefits.

When Do Your Sponsorship Responsibilities End?
Your financial duties as a sponsor conclude when any of the following occurs:

  • The individual gains U.S. citizenship.
  • They complete 40 quarters of work (about ten years).
  • They permanently leave the United States.
  • They are deported but gain U.S. residency again through another sponsor.
  • They pass away.

Continuing Obligations After Divorce
Divorce does not end your responsibilities under Form I-864. Courts generally do not recognize private agreements, such as pre-marital, post-marital, or divorce contracts, as valid reasons to avoid these obligations.

Withdrawing Sponsorship
You may withdraw your sponsorship before the green card application is approved. Once permanent residency is granted, your obligations are fixed unless they end under one of the specified conditions.

Address Change Notification
You must report any address changes within 30 days by submitting Form I-865 to USCIS to avoid fines of up to $5,000.

Understanding Your Commitment
Signing Form I-864 carries significant legal responsibilities. Make sure you understand these obligations before proceeding. Consider consulting a lawyer if necessary to ensure the person you sponsor can support themselves without public assistance.

This article is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this article without seeking the advice of a competent, licensed immigration attorney.

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Facing Deportation: What Happens When a U.S. Citizen Spouse Denies Your Marriage?

Facing Deportation - When a U.S. Citizen Spouse Denies Your Marriage
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For marriages of less than 2 years involving a U.S. citizen and a non-citizen, the initial green card is issued with a two-year conditional period. Before these two years expire, the non-citizen spouse must file to remove these conditions to obtain a green card with a ten-year validity period. But what happens if the U.S. citizen spouse becomes uncooperative, despite the couple still living together? Worse, what if the USCIS denies the joint petition for removal of conditions, putting the non-citizen spouse at risk of deportation? Let’s delve into the case of Maria and John

Maria and John’s Story

Maria, a young college graduate, met John, a U.S. citizen, while working as a guest relations officer at a popular beach resort in the Philippines. Their relationship blossomed, leading John to file a fiancé visa for Maria upon his return to the United States. The visa petition was approved, and Maria traveled to the U.S. to be with John.

During her initial stay, Maria noticed alarming changes in John, who was 20 years her senior. He became increasingly forgetful, his behavior erratic, and his mood swings frequent. Despite these challenges, Maria remained a patient and loving wife. However, they lacked sufficient proof of marriage—no photos together, no joint documents, as they lived with John’s family and didn’t pay rent.

When USCIS called them for an interview to remove the conditions on Maria’s residency, they were interviewed separately. The immigration officer concluded that Maria had entered into a fraudulent marriage, denying the petition. Maria was shocked. Upon reviewing the USCIS decision mailed to her, she realized John had made inconsistent statements during the interview, including an admission that the marriage was solely for Maria to obtain a green card. Maria suspected John’s worsening memory lapses had caused him to forget critical details of their relationship.

Now facing deportation for alleged marriage fraud, what legal steps can Maria take?

Maria’s Deportation Proceedings

When a non-U.S. citizen faces removal due to a denied petition for removal of conditions, the burden of proof lies with USCIS to establish grounds for terminating the conditional resident status. For her defense, the applicant can present new, material, and relevant evidence that was not previously submitted during USCIS proceedings.

Given the lack of joint documents and photographs, Maria must provide testimonial evidence from individuals who can attest to the authenticity of their marriage. Financial and property arrangements vary among couples, and some may have better documentation than others. In Maria’s case, her joint tax returns were her only significant documents. She was advised to gather witnesses who could detail their marital relationship.

Importantly, Maria did not have the opportunity to present this evidence during the USCIS interview. Immigration court provides the ideal forum to present additional evidence to prove her marriage was entered into in good faith.

Besides testimonial evidence, Maria can demonstrate that John has been clinically diagnosed with dementia, explaining his inconsistent answers during the USCIS interview. This crucial evidence could have significantly impacted her case.

With the submission of testimonial evidence and John’s medical records, Maria successfully proved her case in court and retained her green card.

Options for Others in Similar Situations

For those not as fortunate as Maria, an immigration judge, with the assistance of legal counsel, may accept an INA Section 237(a)(1)(H) waiver if the charge for terminating conditional residency relates to marriage fraud.

This case highlights the importance of gathering substantial evidence and leveraging all available legal avenues to demonstrate the legitimacy of a marital relationship, even under challenging circumstances.

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Marry, Divorce & Remarry: Effect on the Conditional Green Card Holder Spouse

Marry, Divorce & Remarry: Effect on the Conditional Green Card Holder Spouse
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Entering into a good faith marital relationship is always with the intention to stay married forever.  But what if there is no “forever”? What will happen when there is separation or divorce?  What are the effects of these circumstances to the petitioned spouse who is a green card holder with only a conditional resident status? 

Let’s take the case of Joseph (not his real name).  In 2015, Joseph entered the United States based on the petition of his U.S. citizen spouse Rita.  They were childhood sweethearts and have known each other since high school.  So when Rita attended their high school reunion, both Joseph and Rita rekindled the old flame and got married in a simple wedding ceremony.  Upon returning to the United States, Rita petitioned Joseph.  After a year of petitioning, Joseph was able to travel to the United States and was issued a 2-year conditional green card with an expiration date of  12/30/2018.  

After being together for only 6 months, Rita and Joseph began to experience marital problems until they decided to go their separate ways. Rita obtained a divorce decree ending their short lived relationship.  

With Joseph’s green card’s validity expiring, he was at a loss on whether he will return to the Philippines (to avoid falling out of status) or file for a waiver.  He decided to return to the Philippines but a few months before his departure, he met Cecilia who is also a U.S. citizen.  Cecilia and Joseph started dating regularly until Cecilia offered to marry and petition Joseph.  Now Joseph is presented with a situation where he has to choose to return to the Philippines or have Cecilia petition him.  Can he be petitioned even if he still has 6 months validity on his original conditional resident card?  Will the USCIS allow him to adjust his status in the U.S. once Cecilia petitions him?

Under the Immigration and Nationality Act (INA) Section 245(d), conditional residents are barred from adjusting unless they take the necessary steps to remove the two year conditions on their status.  This means that a person could not obtain conditional resident status based on marriage to a U.S. citizen, divorce that petitioner spouse, remarry a second U.S. citizen and re-adjust during that 2 year period.  

When a person with conditional resident status fails to file for the Petition to Remove Condition (I-751) prior to expiration of the validity of the two year conditional status, the USCIS usually issues a decision terminating the status of the green card holder.  The next process then is that the petitioned spouse will be facing the Immigration Judge in a court proceeding to have a filed I-751 be reviewed to prove validity of the first marriage. 

This rule had applied for many years until the interpretation of this rule was changed in 2019 by the USCIS based on the case of Matter of Stockwell, 20 I&N Dec 309 (BIA 1991), where a person with condition resident status may adjust based on second marriage without having to go to immigration court.

Therefore, in the case of Joseph, once he gets the USCIS Notice Terminating his resident status, he will be allowed to adjust based on the second marriage.  USCIS interpretation is that conditional status is now terminated as a matter of law on the second anniversary of the noncitizen’s lawful admission for resident status. 

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10 Immigration Issues Important to Filipino Immigrants in 2023

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Family reunification and better economic opportunities are still the most significant considerations for immigrating to the United States. Intending immigrants or those who want to work in the United States also face several challenges. Below are just a few of the many important issues that are either beneficial or are drawbacks to Filipino immigrants.

1. Visa Backlogs and Lengthy Waits

Priority for issuance of visas  to immediate relatives of U.S. citizens is the current policy of the U.S. Department of States. So in 2022,  we have seen more visas being issued under this category which includes parents, minor children and spouses of U.S. citizens. Fiance petitions by U.S. citizens have also benefited from this priority preference.

Unfortunately, those who do not fall under this priority preference experience lengthy waits before they are called for interviews. The U.S. Department of State reported that as of December 2022, there are globally 377,953 who are classified as documentarily qualified and only 33,406 have been scheduled for interviews. The interviews are being scheduled according to date of completion of submission of documents to the National Visa Center. So the earlier the documents and forms are submitted the sooner that the visa applicant may be added to the queue,

2. Retrogression of EB3 Other Workers- “Caregivers” 

In the last couple of years, the priority dates for other workers under the third preference employment based category for Filipinos have been current. When a priority date is current, that means that visas are available. Hence, many unskilled workers including our health caregivers were issued visas under this category. Unfortunately, in May 2022 of this year, this visa category retrogressed to June 2020.. There will be a couple of more years of wait but the good news is that the filing chart allows for the processing of visa petitions with priority dates of June 2022. 

3. Registered Nurses and Physical Therapists

Registered Nurses, Physical Therapists and other allied health care workers other than those mentioned under the other workers category are still “current” for purposes of filing and final issuance of visas.  

This year, there was a proposed legislation for the elimination of the numerical per country quota. If this is going to be re-introduced again the visas under the EB3 category will be severely impacted.  Healthcare professionals looking to have their visas issued must get their applicant processed without further delay to avoid being affected by any future legislation.

4. Waiver of Interviews of Non-immigrant Visas At the U.S. Embassy

The State Department waived most nonimmigrant visa interviews for individuals renewing visas that expired in the last 4 years, and it authorized interview waivers for many work visa applicants. Included in this waiver of interview are visitor (B1/B2)  visa holders. About half of all nonimmigrant visa applicants no longer need a visa interview. This has helped to partially recover the backlog of nonimmigrant visa processing. This policy shall remain in place until December 2023.

5. Human Trafficking Awareness & Immigration Relief

In California, at least 2 cases of human trafficking and labor exploitation were filed against Filipinos. Unfortunately, their victims are also from the Philippines. The latest one is the case in San Francisco where a couple was charged with exploiting and trafficking a woman who took care of their child. Human trafficking survivors may be eligible for lawful status, employment authorization, and a potential path to permanent residency.  There has to be an awareness on the part of U.S. employers on what constitutes human trafficking and individuals must learn to assert rights against traffickers to prevent becoming victims of  inhuman and degrading  treatment by unscrupulous individuals.

On December 27, 2022, President Biden signed the “Countering Human Trafficking Act of 2022,” which codifies and expands the Department of Homeland Security’s (DHS) Center for Countering Human Trafficking (CCHT). The bill authorizes $14 million to carry out the Act and ensures that the CCHT is staffed with at least 45 employees to carry out the Department’s critical work to combat human trafficking.   

6. Public Charge Rule

In March 2021, President Biden rescinded a public charge rule that, in effect, banned most family sponsored  immigrants with low incomes. 

On December 23, 2022, a new final rule on public charge went into effect. Under the new rule, it is safe for immigrants and their families to use health, nutrition, and housing programs for which they qualify. Health care programs, including Medicaid and COVID care, housing, food programs, and many other vital services.

Only those deemed likely to be primarily dependent on cash aid for income maintenance or long-term care at government expense could be denied for public charge.

Immigrant visa applicants must consult with their legal counsel on how this new public charge rule will benefit them in their applications.

7. Availability of H2B Temporary Working Visas 

Unlike other countries,  U.S. immigration law has very  limited numbers of temporary visas that are available to non-agricultural unskilled workers. In December 2022,  Biden administration increased the numbers of H2B visas to 64,716  for Fiscal Year 2023. About 44,700 visas are allocated to returning workers who received H2B visas during the last 3 years. These additional visas are available this winter and summer of 2023.

A few years back Filipinos were banned from receiving H2B visas but this suspension has already been lifted. U.S. employers may avail this type of visa for certain temporary and seasonal occupations such as restaurant/hospitality, maintenance, construction, landscaping among others.

8. Returning Green Card Holders

Three years into the pandemic and there are still green card holders who “overstayed” in the Philippines and have not returned to the United States. Those who stayed beyond one year outside the United States are considered to have abandoned their residence unless a returning resident visa is obtained from the U.S. Embassy. Not all returning resident visa applicants are approved and it is important to obtain legal counsel to determine what factors may be raised to increase the chances of returning to the United States. 

9. Legalization or Registry

During President Biden’s first month in office, he expressed his intention to address the issue of unauthorized immigrants and he shall propose a pathway to citizenship. More than 11.5 million unauthorized immigrants are still awaiting for legalization. And because of lack of bi-partisan majority in U.S. Congress who will support this bill, no legislation has been passed yet. 

Will there be a legalization? Hopes for the passage are dwindling away..until, a proposal for a modification of registry date is seen to have offered a ray of hope. If the registry date is modified (through legislation) from 1972 to 2012, at least 6.8 million undocumented may be eligible to apply for green cards. Registry allows certain non-citizens who are long term residents of the United States, but who are either undocumented or present in the country under some sort of temporary immigration status to register as lawful permanent residents. 

10. DACA

About 28,000 Filipino DREAMERS may be eligible for an initial application for Deferred Action on Childhood Arrivals (DACA) according to the data gathered by the  Migration Policy Institute. But on October 5, 2022  the 5th Circuit Court of Appeals ruled that the DACA program was unlawful and sent the case back to the lower court to consider the Biden’s administration’s new DACA regulations On October 14, Judge Hanen partially blocked the DACA regulation from going into effect.

While DACA initiative has provided deportation protections and work authorizations to over 800,000 of people who arrived in the United states as children, this temporary solution has been hanging in the balance and faces multiple legal challenges with administrative attempts to end the program. DREAMERS were brought by their parents at a very young age and did not make the decision to come and live in the United States. They grew up and identify themselves as Americans. Giving them a path to citizenship is long overdue. Thus, this 2023,  it is more urgent for Congress  to pass a permanent solution to protect and defend our DREAMERS.

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Global Pinoy

Are Green Card Holders and Visa Holders Safe to Travel With the Rewritten Travel Ban?

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An Executive Order titled Protecting the Nation from Foreign Terrorist Entry into the United States, which is the re-written travel ban, was signed by President Trump on March 6, 2017. The prior travel ban, Executive Order 13769 of January 27, 2017, will be revoked on March 16, 2017.

Travel Ban for Nationals of 6 Countries

For the next 90 days beginning March 6, 2017, foreign nationals from Sudan, Syria, Iran, Libya, Somalia, and Yemen who are outside the United States on the effective date of the order, do not currently have a valid visa on the effective date of this order, and did not have a valid visa at 5:00 eastern standard time on January 27, 2017, are not eligible to travel to the United States. The 90-day period will allow for proper review and establishment of standards to prevent terrorist or criminal infiltration by foreign nationals. As a result of this increased information sharing, Iraqi citizens are not affected by the Executive Order.

Green Card Holders and Visa Holders Exempt from the Travel Ban

Clearly, the Executive Order does not apply to certain individuals, such as lawful permanent residents of the United States; foreign nationals admitted to the United States after the effective date of the order. Those who are outside the United States with a document that is valid on the effective date of the order or any date thereafter which permits travel to the United States are also not affected by this executive order.

Normal Immigration Processing to Continue

In the prior travel ban contained in the Executive Order dated January 17, 2017 those entering with valid visas or green card holders were adversely affected. While this re-written travel ban specifically mentions that green card holders are exempt, there is a caveat that applies to all residents and visa holders entering the United States. It states that all normal immigration processing requirements shall continue to apply. This means that all grounds of inadmissibility if they exist will also affect certain green card holders who may have an immigration history of fraud or have criminal history that may render them inadmissible. The same rule applies to non-immigrant visa holders. If there is fraud or misrepresentation in obtaining the visa at the U.S. Embassy abroad, there is a possibility of an expedited removal at the port of entry.

It is important to remind non U.S. citizens that the political climate is very different and that all those attempting to enter the U.S. even if with valid visas must understand the consequences of past actions on their immigration status and their ability to enter the United States.

If no legal grounds exist to deny admission at the port of entry, then there should be no need to worry about traveling. Each case will be assessed by the immigration officer at the port of entry based on the individual’s immigration history. Note that the Department of Homeland Security officers at the Customs and Border Protection have wide discretionary authority whether to allow the entry of non US. citizens. Even if Filipino nationals are not affected by the travel ban, it is important to understand past actions and its impact on present immigration policies.

(Atty. Lourdes S. Tancinco is a partner at Tancinco Law Offices, a San Francisco based law firm, and may be reached at law@tancinco.com, facebook.com/tancincolaw, or 1 888 930 0808)