President Biden Issues Proclamation Revoking Trump’s COVID-19 Immigration Bans

On February 24, 2021 President Biden signed into effect a Presidential Proclamation revoking a series of Immigration related Presidential Proclamations. President Biden’s newest proclamation revokes Presidential Proclamations 10014 (Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), as extended by section 1 of Proclamation 10052 (Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak), and section 1 of Proclamation 10131 (Suspension of Entry of Immigrants and Nonimmigrants Who Continue To Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak). The revoked proclamations restricted the legal entry into the U.S. of many qualified nonimmigrants and immigrants seeking visas.

President Biden’s proclamation stresses that the bans did not advance the interests of the United States, but rather harmed individuals, U.S. family members and the U.S. economy by virtually halting all legal immigration. The now revoked proclamations prevented family members of U.S citizens and lawful permanent residents from being united with their families in the U.S. and kept U.S. employers from being able to “utilize talent from around the world.” Additionally, the bans have precluded individuals who were selected to apply for and who received visas through the 2020 Diversity Visa Lottery from entering the U.S.; more than 120,000 family-based visas and thousands of diversity visas were lost in fiscal year 2020. According to Forbes, a US State Department spokesperson confirmed that there were at least 473,000 immigrant visa applicants still awaiting an interview. The American Immigration Lawyer’s Association’s Director of Federal Litigation, Jesse Bless, aptly characterized the bans as “a preventable tragedy that has kept fathers and mothers from children, spouse from spouse, and exacerbated the stress and anxiety over the last year for many families.”

Along with revoking the proclamations, President Biden’s proclamation directs that the Secretary of State, the Secretary of Labor, and the Secretary of Homeland Security must review any regulations, orders, guidance documents, policies, etc. developed because of Proclamation 10014 and that these agencies must issue revised guidance consistent with Biden’s revocation of the proclamations. Covid-19 continues to affect U.S. visa processing at consulates and embassies all over the world. The Biden administration is working to prioritize keeping families together, growing the economy, and ensuring that the U.S. remains a refuge for those fleeing persecution and working to realize their dreams. President Biden’s most recent Presidential Proclamation is one of many that have come under the new administration’s commitment to “restore humanity and American values to our immigration system.”

If you need assistance or advisement regarding an immigration matter that will be affected by this new proclamation, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

Biden Issues Proclamation Ending Discriminatory Muslim Travel Bans

On his first day in office, January 20, President Biden signed into effect a Presidential Proclamation ending the discriminatory travel bans issued by former President Trump. President Biden’s proclamation, entitled “Ending Discriminatory Bans on Entry to the United States,” repeals Trump’s Presidential Proclamations 9645, 9723, and 9983, as well as his Executive Order 13780. Trump’s proclamations and executive order had restricted entry into the U.S. by certain nonimmigrants and immigrants from Arab, Muslim-majority and African-majority countries, including Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

President Biden’s proclamation stresses the centrality of religious freedom and tolerance as the foundation upon which the United States was built. In the proclamation he calls President Trump’s proclamations and executive order “a stain on our national conscience…inconsistent with our long history of welcoming people of all faiths and no faith at all. [The proclamations] have separated loved ones, inflicting pain that will ripple for years to come.  They are just plain wrong.” As of January 2019, the Cato Institute reports that over 9,000 spouses and minor children of U.S. Citizens have been barred as a result of Trump’s bans.

Along with repealing Trump’s travel bans, President Biden’s proclamation directs that all embassies and consulates cease applying Trump’s bans and resume processing of all visas immediately. Additionally, the Department of State (DOS) must undertake a review and provide a proposal to ensure that individuals whose immigrant visa applications were denied because of Trump’s bans have a pathway to reconsideration of their applications. President Biden’s proclamation requires that the DOS develop a plan to expedite consideration of those visa applications. At the same time, Covid-19 continues to affect U.S. visa processing at consulates and embassies all over the world.

President Biden’s proclamation is the first of many to come under the new administration that will hopefully impact immigration for the better.

If you need assistance or advisement regarding an immigration matter that will be affected by this new proclamation, please contact us at 716-854-7525 or www.srwborderlawyers.com/contact to schedule a consultation.

Updated DS-160 requires visa applicants’ social media information

Do you have a social media presence? If you’re applying for a U.S. nonimmigrant visa, the Department of State wants to know—and they want details.

Completing the DS-160 (Online Nonimmigrant Visa Application) is the first step for applying for a nonimmigrant visa through a U.S. consulate or embassy. Applicants are required to fill out the online form on the Department of State’s Consular Electronic Application Center website. If the DS-160 is not satisfactorily completed and submitted, it is not possible to move forward with any requisite next steps, such as making an appointment for an interview.

On May 31, 2019, a new subsection entitled “Social Media” appeared on the Department of State’s DS-160 online form. The question is, “Do you have a social media presence?” Instructions are provided:

“Select from the list below each social media platform you have used within the last five years. In the space next to the platform’s name, enter the username or handle you have used on that platform. Please do not provide your passwords. If you have used more than one platform or more than one username or handle on a single platform, click the ‘Add Another’ button to list each one separately. If you have not used any of the listed social media platforms in the last five years, select ‘None.’”

The drop-down menu that follows includes 20 social media platforms, ranging from ubiquitous to relatively obscure: ASK.FM, Douban, Facebook, Flickr, Google+, Instagram, LinkedIn, MySpace, Pinterest, Qzone (QQ), Reddit, Sina Weibo, Tencent Weibo, Tumblr, Twitter, Twoo, Vine, Vkontakte (VK), Youku, and YouTube.

A response is required and the user’s ability to complete and submit the form is disabled until one is provided; there is no way to opt out completely. Should an applicant falsely select “None,” the immigration consequences could be serious, depending on how the Consulate/Embassy classifies the omission.

Some of the social media platforms may sound unfamiliar but are popular with international audiences.  Five of the platforms are widely used in China, including Douban, Qzone (QQ), Sina Weibo, Tencent Weibo and Youku. Vkontakte (VK) is an online social media and social networking service based in Russia.

A recent announcement was posted on the Department of State’s Consular Electronic Application Center website letting users know that the DS-160 page would be undergoing maintenance on Thursday, May 30, expected to be completed between 4 and 11pm. Apologies were offered to any visa applicants experiencing technical difficulties with their DS-160 during that time. The question regarding social media was not included on the online form prior to May 30.

Serotte Reich is continuing to monitor any new developments or changes to the nonimmigrant visa process. If you need assistance with your application, please contact our office.

Above is a screenshot of the DS-160 online form’s new question about social media accounts.