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Again, Another Travel Ban. Why This Time Is the Most Concerning – What you Need to Know

September 29, 2017

On September 24, 2017, President Trump issued a new travel ban…again. The newest travel ban is a “presidential proclamation” instead of an “executive order.” In practical terms, the title does not make a difference – it is still a travel ban that stops immigration from several Muslim- majority countries, with a few additional countries added.

It is important to note that there is one particularly concerning detail in the new ban. This new edition provides absolutely NO time limit or deadline for the ban. In other words, it is an indefinite ban that could become a part of the immigration policies of the country for years to come. As we have seen with the previous executive orders, it is possible that lawsuits will stop the travel ban from taking effect, but we have to wait to see what happens with the Supreme Court case and other state lawsuits.

 

If you or a loved one is affected by this new presidential proclamation/travel ban/Muslim ban, here are some things to you need to know:

  1. Countries in the Ban: Somalia, Syria, Iran, Yemen, Libya, Chad, Venezuela and North Korea. Also, nationals of Iraq will be subject to more screening measures as well.
  2. Country-Specific Restrictions: The restrictions for each country is a little different.
  • Somalia: Immigrants are suspended and there will be enhance screening for nonimmigrants.
  • Syria: All immigrants and nonimmigrants are suspended.
  • Iran: All immigrants and nonimmigrants are suspended, except for students (F visas), vocational students (M visas), and exchange visitors (J visas). However, those that are permitted will be subject to enhance screening requirements.
  • Yemen: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
  • Libya: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
  • Chad: Immigrants are suspended and temporary visitors on business or tourist visas are suspended (B-1/B-2).
  • Venezuela: Government officials and their immediate family members are suspended from entering on business or tourist visas (B-1/B-2).
  • North Korea: All immigrants and nonimmigrants are suspended.
  1. Effective Date of New Travel Ban: The new presidential proclamation will take effect on October 18, 2017. However, because of the Supreme Court’s previous ruling, citizens of Iran, Libya, Somalia, Syria and Yemen who do not have a “bona fide” relationship with someone in the United States are not allowed to immigrant even before October 18, 2017. If citizens of those country have a valid visa and have a qualifying relationship, they can travel to the United States before the October 18, 2017, effective date.
  2. Waivers Are Available: The travel ban does provide for waivers on a case-by-case basis. Applicants must show that a denial would cause undue hardship, that he or she does not pose a national security threat and that the approval “would be in the national interest.”
  3. Exceptions: The new travel ban does not apply to (a) lawful permanent residents (green card holders); (b) dual nationals traveling on a passport from a non-designated country; (c) any foreign national traveling on a document other than a visa such as advance parole, humanitarian parole, or transportation letter.
  4. The Supreme Court Case: As we mentioned in a previous bulletin, the Supreme Court had set oral arguments in October regarding whether the travel ban is unconstitutional and therefore should be stopped. However, in light of the newest travel ban, the Supreme Court has canceled the oral arguments and has requested court filings regarding whether the new presidential proclamation is constitutional because, with the new countries added, it is arguably not a ban based on a prejudice against Muslims.
  5. What Happens if the Supreme Court Decides the Ban is Constitutional: As mentioned, the presidential proclamation provides no time limit for the ban. Therefore, if the courts decide it is not bias against Muslims, the ban will effectively bar immigration from the eight countries listed for years to come.

 

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Orange County, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

 

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Friday, September 22nd, is the First of Muharram ul-Haraam

Friday (Sep 22, 2017) will be the first day of Muharram ul-Haraam 1439 A.H.

May Allah (swt) accept your worship during this sacred month of Azaa’ (grieving on Imam al-Husssain (as)).
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What You Need to Know About DACA and Trump’s Decision to End It

September 7, 2017

The Trump administration announced on September 5, 2017, that they will be ending the Deferred Action for Childhood Arrival (DACA) program. DACA is a law that allows undocumented immigrants that qualify to receive two-year work permits and to receive an exemption from deportation. President Obama created the immigration policy in 2012 to stall deportation efforts against immigrants that were brought to the United States as children.

 

The concept behind the policy is that immigrant children should not face deportation consequences for their parents’ immigration actions. DACA is a temporary relief from immigration enforcement; it is not a legal immigration status that leads to a green card or citizenship. However, DACA does provide immigrants many options they would not have otherwise. DACA recipients can work, obtain a driver’s license, and apply for the proper paperwork to travel abroad and return to the United States. Nearly 800,000 immigrants have benefited from the program.

 

If you are a DACA recipient or possibly qualify, here are four things you need to know:

  1. Renewing Your DACA: If your DACA expires before March 5, 2018, you can apply for a two-year renewal now, as long as you apply for renewal by October 5, 2017. If your DACA does not expire before March 5, 2018, your DACA work authorization and status will end on March 6th.
  2. First-Time Application: If you sent a first-time application for DACA prior to September 5th, your application will continue to be processed. Application submitted after September 5th will not be accepted.
  3. DACA Proof and Paperwork: It is important that you keep proof of your DACA status with you. Keep a copy of your work authorization card and DACA approval notice with you at all times.
  4. Remember You have Rights: The U.S. Constitution provides right to everyone – You do not have to be a citizen to have rights. You have a right to a lawyer. You have a right to refuse a search if you are stopped by the police, but are not under arrest. You have a right to remain silent if stopped by an immigration officer.

 

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Sacramento, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

 

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What is DACA? What is Trump Planning?

August 31, 2017

The Deferred Action for Childhood Arrival (DACA) is a law that allows undocumented immigrants that qualify to receive two-year work permits and to receive an exemption from deportation. President Obama created the immigration policy in 2012 to stall deportation efforts against immigrants that were brought to the United States as children. The concept behind the policy is that immigrant children should not face deportation consequences for their parents’ immigration actions. DACA is a temporary relief from immigration enforcement; it is not a legal immigration status that leads to a green card or citizenship. However, DACA does provide immigrants many options they would not have otherwise. DACA recipients can work, obtain a driver’s license, and apply for the proper paperwork to travel abroad and return to the United States. Nearly 800,000 immigrants have benefited from the program.

 

This week there have been many media reports that President Trump will soon end DACA. The Trump administration has not issued a statement yet. If you are a DACA recipient or possibly qualify, here are four things you need to know while we await a decision from the Trump administration:

  1. First-Time Application: Considering the current immigration climate, it may be a risk right now to apply for DACA for the first time. If you are thinking about apply, speak with an immigration attorney about your eligibility and the possible risks involved.
  2. Renewing Your DACA: Again, it is unclear whether the program will be continued; therefore, speak with an attorney to see whether renewal is your best option.
  3. DACA Proof and Paperwork: Now more than ever, it is important that you keep proof of your DACA status with you. Keep a copy of your work authorization card and DACA approval notice with you at all times.
  4. Remember You have Rights: The U.S. Constitution provides right to everyone – You do not have to be a citizen to have rights. You have a right to a lawyer. You have a right to refuse a search if you are stopped by the police, but are not under arrest. You have a right to remain silent if stopped by an immigration officer.

 

We will provide more updates soon.

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Sacramento, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

 

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Wednesday, August 23rd, is the First of Dhul-Hijjah

Wednesday, (Aug 23, 2017) is the first day of Dhul-Hujjah 1438 A.H.
Important Islamic Dates/Events in this month:
‘AQD OF IMAM ALI & LADY FATEMA AL-ZAHRA (AS)
1
SHAHADAT OF IMAM AL-BAQIR (AS)
  7
DAY OF ARAFAAT / SHAHADAT HADHRAT MUSLIM
 9
EID Al-ADHAA
 10
WILADAT OF IMAM  AL-NAQI (AS)
 15
EID Al-GHADEER
 18
SHAHADAT SONS OF HADHRAT MUSLIM (AS)
 22
EID AL-MUBAHILA
 24
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Update on Muslim Travel Ban

June 29, 2017

In yesterday’s Justice360 bulletin, we discussed the Supreme Court’s ruling in bringing back President Trump’s Muslim Travel Ban in a limited way. As of last night (Wednesday), the State Department issued a new rule.

 

Even though the Supreme Court has determined that a family relationship is enough to be permitted to enter, the State Department issued a rule last night that the following relationships do NOT qualify for obtaining visas: grandparents, grandchildren, uncles/aunts, nephews/nieces, cousins, and fiancés. Therefore, someone applying for a visa based on a family relationship listed above will NOT be given a visa or allowed to enter the United States. However, people with valid already-issued visas will be permitted to enter, if they have an established relationship with someone in the United States.

 

The Muslim Travel Ban will take effect at 8 p.m. EST tonight.

For more information about Justice360, visit www.muslimcongress.org/wp/j360.

 

Najmeh Mahmoudjafari

Sister Najmeh is the Founder and Lead Immigration Attorney at ImmigraTrust Law (www.ImmigraTrust.com), an immigration law practice in Sacramento, California, representing individual and corporate clients in all 50 U.S. States and internationally. Sister Najmeh can be reached at Najmeh@ImmigraTrust.com.

 

DISCLAIMER:

Justice360 Legal Bulletins are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360 LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

 

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