If you are a member of one of the 40 lucky counties allowed to enter the United States under a Visa Waiver Program (VWP), and you are entering the United States by land, there is now a new App called CBP One that allows an easy, time saving, and more convenient way to fill out your I-94W ahead of time. U.S. Customs and Boarder Patrol (CBP) announced that starting October 1, 2022, everyone entering the United States (weather air, sea, or land) must present completed and approved ESTA application before they are allowed entry. Before those traveling by land did not need such a requirement. VWP eligible travelers to the United States can follow a number of questions on the app, pay a $6 fee, and receive a provisional I-94W approval up to 7 days before their travel day. Doing so would make it easier and faster entry at the U.S. land boarder. If you have any questions, contact an experienced immigration attorney.

The NDA is an opportunity for immigration lawyers to directly sit across from senators and congresspersons to voice our concerns and to make suggestions about the US immigration law system. Margo Chernysheva raised these questions to the senators she was able to meet:

1. There is a shortage of workers in all areas of the US economy currently. Signs like: “The entire world is short staffed.

PLEASE be kind to the awesome employees that showed up today. WE appreciate your patience” is so common on the streets of America, it’s not even funny anymore – what is congress planning to do about it?

2. The work authorizations for spouses of H-1Bs (H-4) were not included in the new I-94S program – why?

3. When Congress voted to expend the Premium Processing for broader categories, was the intent to have USCIS implement those starting only in 2026?

4. EB-5 Program reform was a welcome news. Also, welcoming was allowing those in the US on different other non-immigrant visas (H-1Bs, L-1, O, P, etc.) to allow them to file Adjustment of status while waiting for their I-526 decisions.

However, there are thousands of EB-5 investors, who invested over $500,000 and created 10 US jobs) currently waiting more than 5 years in just processing time (note waiting for visa availability time) for their cases to be adjudicated and such a prolonged wait time was not addressed for those lawfully waiting their turn outside the US.

Any plans to address and allow them to enter at least on HP since they want their lives in the US start as promised (within normal processing times) not 5 years before they ever see their green card.

5. With the war in Ukraine continuing and the Uniting Ukraine HP program, which was rolled out April 25, 2022, closing the Southern Border Crossing into the US by Ukrainians -- yet TPS eligibility is for those physically present as of April 11, 2022 – any plans to expend it until April 25, 2022 to allow those last lucky war-torn sufferers to obtain TPS status?

6. AAA for Afghanis – what is the current environment in the Congress and Senate to implement this crucial to US global reputation program?

7. The Congress and Courts have long agreed that an exception should be carved out for parents bringing their children with them when they come to the US and such exemption from trafficking illegal alien charges was practiced for decades; however, during Trump administration, it was suddenly and arbitrarily changed without any court ruling nor Congress decision.

Now, all parents who at some point brought their children to the United States without authorization are being charged with smuggling their, now US citizen, children to the United States even if it was not done by them.

For example, I had a very fresh case where a father of a US citizen, who was divorced from his spouse at the time but still sending them child support, was charged with smuggling and not allowed to receive an immigrant visa at the consulate in Mexico although he said that he did not even know the mother of his children was bringing them to the US.

The consular officer asked if he provided any financial support for his children, when he acknowledged it, the officer said – then you paid for their processing and denied his otherwise approvable immigrant visa based on this statement.

Multiple suggestions were offered by Margo and her colleagues about ways that the government can improve on the issued raised above. Other concerns included the long delays in hearing schedules and prejudice treatment of immigrants in the immigration courts.

Unfortunately, meetings with our congressional representatives cannot solve immigration problems immediately.

However, Margo hopes that by bringing the issues to Senators and Congress by sharing real examples will help government representatives know and understand how the dysfunctionality of the US immigration and nationality law system is negatively impacting the lives of U.S. citizens and their international family members as well as U.S. businesses and the entire U.S. economy.

USCIS just announced today that effective immediately, new criteria will guide USCIS officers on when to waive interviews for those waiting for their I-751 removal of condition application approval. This update replaces previous policy that required all applicants to undergo an interview if they obtained permanent legal status via consular processing. “Implementing a risk-based strategic approach to the CPR-interview process will increase efficiencies that improve processing times, allow for a better use of agency staffing resources, and help reduce the pending caseload while still maintaining procedures to identify fraud and protect national security,” said USCIS Director Ur M. Jaddou. “This update is consistent with agency priorities to break down barriers in the immigration system, eliminate undue burdens on those seeking benefits, and effectively respond to stakeholder feedback and public concerns.” The previous policy was not effective and extended the process for more than 2 years for those waiting for application to be processed. The new process is hoping to assist in cleaning the backlog of the applications waiting for approval.

The U.S. Citizenship and Immigration Service, USCIS, has recently shared that beginning April 1st, individuals applying with Form N-400 for Naturalization, can now choose to ask for a new or a replacement Social Security Number (SSN) or card, and update their immigration status with the Social Security Administration (SSA), without the need to go to an SSA office in person. Individuals who are not yet citizens but are applying for naturalization using the updated Form N-400 (dated 04/01/24) will now have the option to ask for a Social Security Number (SSN) or a replacement card alongside their Form N-400 submission. This means that new citizens no longer have to go to an SSA field office to request a SSN or a replacement card, or to provide documents proving their U.S. citizenship status. However, it’s important to note that the SSA could ask for more information if necessary. Applicants using the Form N-400 from the 09/17/19 edition won’t find the option to request a SSN or replacement card because those questions are only in the 04/01/24 edition. This newer edition will be available for online filing starting April 1st. To file online, applicants must create a USCIS online account, which not only lets you submit forms and pay fees securely but also track the status of any pending USCIS immigration request. Setting up this account is free and offers a variety of perks like communicating with USCIS through a secure inbox and the ability to respond to Request for Evidence digitally.