U.S. to Restrict Travel from India Over COVID-19 Concerns - Immigration News for May 7, 2021

Peri B. Edelman | May 7, 2021

U.S. to Restrict Travel from India Over COVID-19 Concerns

President Biden signed a proclamation barring entry to most individuals who have been in India in the past 14 days. The travel ban does not apply to American citizens or lawful permanent residents of the U.S., as well as their spouses, young children, or siblings, or the parents of any citizen or permanent resident who is under the age of 21. Officials are afraid that the new variant could affect fully vaccinated people.

USCIS Will Suspend Fingerprint Requirement for Spouses of Immigrant Workers

As of May 17, U.S. Citizenship and Immigration Services stated that it would suspend biometric screening requirements for H-4 and L-2 derivative visa holders as a class action filing stated that it was illegal. The biometrics and photographs caused significant delays in processing and kept spouse of H-1B and L-1 visa holders out of work waiting for their own employment authorization document. This is great news!

Supreme Court Rules the Notice to Appear (NTA) Must Be Complete in One Document to Trigger Stop-Time Rule

On April 29, 2021, the Supreme Court held, 6-3 in Niz-Chavez v. Garland, 2021 WL 1676619 (U.S. 2021), that a Notice to Appear (NTA) for removal proceedings must provide all statutorily required information in a single document to stop a foreign national's accrual of continuous presence time toward eligibility for cancellation of removal.

Supreme Court Considers Effect of Changed Law on Removal Orders Supporting Reentry Prosecutions

On April 27, the Supreme Court heard oral arguments in United States v. Palomar-Santiago, No. 20-437, 141 S. Ct. 975 (2021), presenting the question of whether an unlawful reentry defendant who was removed for a crime that would not create removability under current law has, by proving that fact alone, satisfied all requirements under INA § 276(d) for showing the removal order's inability to support a criminal prosecution. This matter is awaiting a decision.

Biden Raises Refugee Cap

On Monday, President Biden raised the nation's cap on refugee admissions to 62,500 this year from 15,000.

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Peri B. Edelman is an experienced attorney who practices Immigration Law in New York City. She provides immigration legal services, legal counsel on immigration matters, and legal support for court cases related to Immigration. A graduate of Brooklyn Law School, Peri B. Edelman is admitted to the New York and Connecticut Bars, U.S. Eastern District Court of New York, U.S. Southern District Court of New York, and United States Court of Appeals for the 2nd Circuit.