The Visa Lottery, formally the United States Diversity Lottery and also known as the Diversity Visa Lottery or DV Lottery, is a program administered by the United States Department of State that allows People from countries with low levels of immigration to the United States participate in a drawing for the opportunity to obtain an immigrant visa and, eventually, permanent residence in the United States.
Permanent residence is the status granted to immigrants to live and work permanently in the United States. In most cases, an immigrant who comes to the United States on an Immigrant visa receives one of the following types:
- “Family-based visa” for those with a relative who is a United States citizen or Permanent Resident, or
- "Employment-based visa" for which a job offer from an employer in the United States is generally required.
The official publication (here) of instructions for the Diversity Visa Lottery, DV-2024 state the countries that are elegible this time for the Visa Lottery.
The list below shows the countries and areas whose natives are eligible for DV-2024, grouped by geographic region.
Applying for asylum is important for many people fleeing from danger and persecution in their home countries. However, it can take a long time for an asylum application to be approved, and it can be stressful waiting for a decision, especially without knowing what your legal status is. Maintaining legal status in the US is crucial for later applying for lawful permanent residence, which can be done a year after an approved asylum application.
Applying for asylum in the United States can be a long and sometimes tricky process, especially for those who also want to apply for permanent residence. United States Customs and Immigration Services has many strict rules about both the asylum and permanent residence application processes and where they overlap.
In response to President Biden's first State of the Union address, the National Immigration Forum has written a review of how the Biden administration has progressed on immigration topics in the last year. The NIF scorecard breaks their summary into five major categories, each further divided into multiple points to be addressed. The categories to be discussed are opportunities for legalization; opportunities for legal immigration; compassion for vulnerable migrants; effective border security; and enforcement of immigration law.
On the topic of opportunities for legalization, the points include DACA, Temporary Protected Status, and essential immigrant workers. Biden has issued an executive order concerning the DACA program, and has supported multiple pieces of legislation that would grant a path to citizenship to many undocumented immigrants. He has designated TPS status to several countries, and has ordered a halt on mass workplace raids by ICE. However, there are more countries in dire need of TPS status, and an ongoing court case has left the DACA program's future uncertain. The NIF has rated Biden's progress on legalization as 'fair' -- though progress has been made, much more work is left to be done.
On the topic of legal immigration, the points include restrictions on immigration programs, the green card backlog, and USCIS processing. Biden has removed many Trump-era immigration policies, including bans on Muslim countries, a complicated civics test for immigrants seeking naturalization, and a policy that would return any form sent to USCIS with blank spaces. He has also supported a measure that would reassign unused visas to countries that have hit their quota. However, the green card backlog and general waiting periods through USCIS continue to stay at high levels. The NIF has rated Biden's progress on legal immigration as 'good', with substantial progress made.
On the topic of compassion for vulnerable migrants, the points include ending family separation, asylum and refugees, and immigrant detention conditions. Biden has removed the Zero Tolerance Policy, and has established a task force to reunite families separated by the Trump administration. He has also removed many Trump-era policies that harmed thousands of asylum seekers, worked on reestablishing refugee processes, and has tried to make the asylum process easier overall. Alternatives to detention centers have been implemented, while some detention centers have been closed due to poor conditions. However, the harmful Migrant Protection Protocols (Remain in Mexico) remain in place, as does Title 42, which has sent many asylum seekers from the US without a hearing. The NIF has rated Biden's progress on vulnerable migrants as 'fair' -- though progress has been made, much more work is left to be done, especially in regards to asylum and refugees.
On the topic of border security, the points include reviews of spending on border barriers, and investments in ports of entry. Biden has ceased progress on Trump's border wall, reallocating the funds to other Department of Defense projects, and has ended many eminent domain claims along the border. He has passed legislation to increase funding to ports of entry, much of which will go to modernizing customs technology, improved screening for drugs, and staffing increases. However, many eminent domain lawsuits remain, and due to policies like Title 42, increased numbers of dangerous border crossings and deaths are still apparent. The NIF has rated Biden's progress on border security as 'fair."
On the topic of enforcement of immigration law, the points include improving the court system, enforcement priorities, and ending over-criminalization of immigrants. Biden, along with the head of Homeland Security, Alejandro Mayorkas, have designated areas that are safe from ICE intervention, such as schools and churches, and have made threats to public safety and national security their priority. Biden has also worked to improve immigration courts. However, the Remain in Mexico policy still poses a major concern to due process for asylum seekers. The NIF has rated Biden's progress on enforcement as 'good', with substantial progress made.
Overall, President Biden has made great strides towards substantial immigration reform. However, there is still considerable work to be done. Rescinding Title 42 and Remain in Mexico, continuing to reunite families separated by Trump's policies, extending the list of countries under TPS status -- these are just a start to what must be a continuing and extensive process of reforming America's flawed immigration system.
Source: https://immigrationforum.org/article/national-immigration-forum-score-card-on-president-bidens-first-year-in-office/
President Biden has taken his appeal to remove the Migrant Protection Protocols, better known as the Remain in Mexico policy, to the US Supreme Court. Biden initially removed the Trump-era policy during the beginning of his tenure, but was forced to reinstate it after losing an appeal in late 2021. Although the Biden administration has made changes to the policy to try and make the policy more humanitarian, such as vaccines and increased access to legal advice, the policy has been heavily criticized for exposing refugees to high levels of violence and exploitation in the Mexican camps they are forced to wait in. Biden's stance has also been called into question by immigration advocates; as the appeal is taken to the Supreme Court, the administration plans to extend the policy to more cities along the border. As of the beginning of January, 200 migrants have already been returned to Mexico to await their hearings, and 36 have appeared in immigration court. It is currently unknown whether the Supreme Court will decide to hear the appeal.
Source: The Hill; Roll Call; Axios
https://thehill.com/homenews/administration/587684-biden-asks-supreme-court-to-hear-case-on-remain-in?rl=1
https://www.rollcall.com/2021/12/30/high-court-asked-to-review-remain-in-mexico-termination/
https://www.rollcall.com/2022/01/03/court-hearings-begin-for-revived-remain-in-mexico-policy/
https://www.axios.com/immigration-remain-in-mexico-expands-court-hearings-begin-4cf054d8-55de-4828-acea-a28a4d4a8c78.html
Other News:
--The city of Houston, Texas, was found to have the highest rate of denial in asylum cases brought before judges, with 89% of petitions ending in denial.
--Immigrants from all over the world now living in the US have been helping resettlement efforts for Afghan refugees, including a Bosnian community in Iowa and a medical center staffed by immigrants in California.
--The Biden administration has lifted temporary travel restrictions that had been placed on Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe due to the omicron variant of the COVID-19 virus.
--The US Department of State has increased the prices for a US passport by $20, resulting in a new fee of $165 for an initial adult passport, $130 for an adult passport renewal, and $135 for a children's passport.
--Senator Joe Manchin of West Virginia has reopened negotiations concerning his vote on President Biden's Build Back Better bill, after announcing his plans not to support the bill at the end of last year.
The Senate parliamentarian has rejected Democrats' third attempt at including immigration reform in President Biden's Build Back Better infrastructure bill. The parliamentarian rejected the first two attempts, which would have granted permanent residence to millions of immigrants, earlier in the year, with the opinion that immigration reform did not fit into the outline of what could be passed in this type of bill. The third attempt greatly lessened its scope, with a plan to give parole status and permission to live and work in the United States for up to ten years. The parliamentarian, however, has stated that this proposal falls in the same disallowed category.
Many Democrats are calling to ignore the parliamentarian's ruling or to bypass it altogether, and to include the immigration proposal in the bill regardless. However, the bill now cannot be voted on until January, and may have to undergo more changes. Furthermore, Democratic Senator Joe Manchin of West Virginia has pulled his support for the bill, angering colleagues who cite the bill's overall good for the people of West Virginia; without Manchin's support, the Democrats would most likely not have the votes in the Senate to outweigh Republicans. At this point, there is all likelihood that the bill will not pass, with or without immigration reform.
Source: Associated Press; The Hill; Roll Call
https://apnews.com/article/immigration-joe-biden-environment-congress-602f28de740c46839864da55b3af100b
https://thehill.com/homenews/senate/586381-democrats-mull-hardball-tactics-to-leapfrog-parliamentarian-on-immigration?rl=1
https://www.rollcall.com/2021/12/19/manchin-pulls-plug-on-build-back-better-bill/
The Department of Justice has backed out of all settlement negotiations with lawyers representing families separated at the Mexican border by the Trump administration. The lawsuits brought seek damages from the US government for the trauma and suffering that these families endured during their separation. The Biden administration and Department of Justice had been in negotiations with these parties since the beginning of President Biden's term of office, but have now pulled out completely from discussions. Immigration advocates are criticizing the move heavily, claiming that Biden has forsaken the pursuit of justice for these families in favor of pacifying Republicans, who have been outspoken against the potential settlements and had gone so far as to introduce legislation that would ban the settlements from happening. "This move is a shameful, profound betrayal of the government's responsibility to redress the harms of this heinous policy," Katharina Obser, director of the Migrant Rights and Justice program of the Women's Refugee Commission said. "While the U.S. can never undo what happened, we expected the Biden administration to engage in good faith with efforts for redress and repair the cruelty of intentionally tearing families apart inflicted unspeakable and permanent trauma on children and their parents coming to the U.S. border seeking safety."
Source: NPR; Roll Call
https://www.npr.org/2021/12/16/1065044185/justice-department-breaks-off-talks-on-compensation-for-separated-families
https://www.rollcall.com/2021/12/16/16separatedfams/
Visas into the United States are complicated, and there are many different kinds. Some are permanent, such as a visa for the spouse or adopted child of a US citizen, while some are temporary, such as a student or visitor visa. The Department of Homeland Security is concerned with making sure that visas are not misused, and so have strict rules about visa applications.
In particular to be aware of is the 90-Day Rule. The 90-Day Rule states that those with temporary visas who apply for permanent residence or marry a US citizen within the first 90 days of their time in the United States are presumed to have misrepresented the reason for their original visa. The visa holder must then prove that they were honest in their original intent, and had legitimate reasons for their application for permanent residence. The rule applies to the visa holder's most recent entry into the United States. This rule can also affect the applicant if they mention that their intent with their temporary visa was to stay permanently in the US.
While the 90-Day Rule does not mean an automatic denial of an application for permanent residence, it makes the potential immigrant's process that much more difficult because of their need to prove their honesty. For those who wish to apply for permanent residence in the United States, be careful when discussing your motives for application and consider how long it has been since your most recent entry.
A panel of judges has upheld the order for the Biden administration to reinstate the Migrant Protection Protocols, also known as the Remain in Mexico policy, agreeing with the original lawsuit claiming that the administration had violated both federal immigration law and administrative procedures of the US government. Although President Biden created an order suspending the program on his first day in office, Republicans in the states of Missouri and Texas sued to have it reinstated, with a US District Judge ordering the administration to do so; this new ruling is just the latest in the administration's attempts to remove the policy again. The opinion written by the panel of judges, of which two of the three were appointed by former President Trump, argues that "DHS claims the power to implement a massive policy reversal — affecting billions of dollars and countless people — simply by typing out a new Word document and posting it on the internet," and that the suspension of the policy was "arbitrary and capricious". The policy, reimplemented last week, has already affected over a hundred migrants, and with the Biden administration's plans to spread the area of effect along the border, many more could be affected in the coming weeks. It remains to be seen whether the administration will take their appeal to the Supreme Court.
Source: CBS News
https://www.cbsnews.com/news/appeals-court-upholds-order-requiring-revival-of-remain-in-mexico-border-policy/
At least 55 migrants from Central America were killed on Thursday when a tractor-trailer carrying them crashed in the Mexican state of Chiapas; over 100 more were injured. Victims of the crash included men, women, and children, mostly from Guatemala, Honduras, and Ecuador. The truck flipped and was torn in half when it hit a sharp bend in the road at too high of a speed and hit a pedestrian crossing bridge. The driver of the truck appeared to be injured after the accident, but left the scene before authorities arrived. Smugglers have started using these tractor-trailers to transport migrants across the Mexico-United States border, often charging thousands of dollars for passage, though this horrific crash -- the highest loss of life in a single day in Mexico since 2010 -- highlights the dangers of the transportation. The presidents of both Guatemala and Mexico offered their condolences to the victims and their families and their deepest regrets over the tragedy.
Source: Washington Post; BBC News
https://www.washingtonpost.com/world/2021/12/09/tractor-trailer-full-migrants-crashes-southern-mexico-killing-least-49/
https://www.bbc.com/news/world-latin-america-59603801
Several collaborators of an international human-trafficking ring have been indicted for exploiting immigrants from Central America by offering fraudulent temporary Visas. Migrant farmworkers were brought to Georgia under false pretenses and then forced to work for mere cents a day digging up onions with their bare hands, or sold to farms in other states. The workers were often threatened with guns and other physical violence, while at least one worker was repeatedly sexually assaulted and two others died under the conditions of forced labor. Over 100 people were rescued from the trafficking ring when the arrests were made. The charges for those indicted include human trafficking, visa fraud, and money laundering, and can carry up to a life sentence if convicted. The arrests show a shift by the government to focus on exploitative employers instead of undocumented workers, although immigration advocates warn that these conditions are not out of the ordinary for many worksites. Charles Kuck, a Georgia-based immigration attorney, said "we know that the conditions for workers that they described are not unusual. This is just people getting caught.”
Source: NBC News
https://www.nbcnews.com/news/amp/rcna8273
The Biden administration officially restarted the Migrant Protection Protocols, more commonly known as the Remain in Mexico policy, this week. Originally implemented under the Trump administration, the policy requires migrants to remain in Mexican border cities until they are allotted a hearing with an immigration judge. The policy was highly criticized both for endangering refugees and asylum-seekers by exposing them to a high risk of violent crime in the border cities, as migrants were frequently the victims of extortion, kidnapping, sexual violence, and assault, and for making it more difficult for migrants to access legal aid in the United States. President Biden removed the policy at the start of his presidential term, but due to a lawsuit by the governments of Texas and Missouri, the administration was forced to put the policy back into place, albeit with changes.
The new version of the policy now affects migrants from anywhere in the Western Hemisphere, with the exceptions of Mexican citizens, unaccompanied children, and those with known health issues; this will impact the large amount of Haitian refugees currently making their way through Mexico. Immigrants will be allowed free phone and video calls with their lawyers, although access to lawyers in the first place will still be difficult, as many legal aid groups have withdrawn their services in protest of the reimplemented policy and the immigration system does not provide free attorneys. Migrants will be asked if they fear violence or persecution in Mexico, and if they can provide reasonable certainty, will be given 24 hours to find a representative to assist them. All those affected by the policy will also be offered the vaccine against the Covid-19 virus at no cost. The governments of both Mexico and the US are working on a way to more easily transport migrants to and from their hearings, and to safer cities farther from the border to wait.
Democrats and immigration advocates alike have decried the reinstatement of the policy. Secretary of Homeland Security, Alexander Mayorkas, stated that the original policy did contribute to a decline in illegal crossings, but that did not excuse the "substantial and unjustifiable human costs" that were a result. “We have a moral obligation to do everything possible to swiftly and permanently discard this policy, along with the many other remaining Trump-era policies that were willfully designed to deter immigrants with cruelty," said Senator Bob Menendez of New Jersey. "We cannot externalize our asylum system and abandon our obligations as a beacon of hope and opportunity."
Source: American Immigration Council; The Hill; Associated Press
https://www.americanimmigrationcouncil.org/research/migrant-protection-protocols
https://thehill.com/homenews/administration/583986-us-to-restart-remain-in-mexico-program-following-court-order?rl=1
https://apnews.com/article/immigration-joe-biden-mexico-texas-missouri-1eb0b6dd1d0676e33702aec7f07e75ac
A key section of President Biden's Build Back Better plan regarding immigration has passed preliminary review by the Senate Parliamentarian. The Parliamentarian, who is the arbitrator of Senate procedure and rules, previously denied two attempts by Democrats to include a measure in the plan that would provide a way to citizenship for millions of undocumented immigrants, on the basis that the measure did not follow Senate guidelines of what could be included in a budgetary plan. The newest version of the Build Back Better plan, which passed the House of Representatives in November, has changed the wording from citizenship to parole; parole status would allow many immigrants to apply for work permits and be safe from deportation for up to ten years. Now that the measure has passed initial review, it will go to a formal debate and review before the Parliamentarian makes their final decision on whether the measure can be included in the bill.
Source: Axios, Bloomberg Government
https://www.axios.com/democrats-sign-parliamentarian-immigration-b3a46118-0bec-4340-b73b-fad0a9933646.html
https://about.bgov.com/news/immigrant-protections-in-democrats-plan-inch-forward-in-senate/
The states of Colorado and California have passed laws which prohibit the use of the terms 'alien' and 'illegal' when discussing undocumented immigrants. Lawmakers in support of the new laws decried the outdated terminology, calling it derogatory, dehumanizing, and offensive. Acceptable terms for use include 'undocumented', 'noncitizen', and 'migrant'. A similar change was made by the Biden administration on the federal level, affecting U.S. Customs and Border Protection. At least five other states, including Texas, considered similar legislation, but did not put the change into law. Opponents of the legislation claim that the change in terminology is a waste of time and energy better spent elsewhere, and that many Americans would not care about the terms used. The lawmakers behind the bill disagree, however: “That language has been offensive for many people,” said Julie Gonzales, a state senator of Colorado. “And some of the rationale behind that is really rooted in this idea that a person can certainly commit an illegal act, but no human being themselves is illegal.”
Source: Sentinel Colorado
https://sentinelcolorado.com/0trending/amid-immigration-debate-colorado-california-update-migrant-term/
The House of Representatives has passed President Biden's infrastructure plan, the Build Back Better bill. The bill was planned to be voted on Thursday, but an eight and a half hour continuous, rambling speech by Representative Kevin McCarthy, House Minority Leader, delayed the vote until Friday morning; once the vote progressed, however, it passed 220 to 213 in favor. Included in the bill, along with education, healthcare, and combatting global warming, is a list of provisions for improving immigration to the United States. Although the provisions are not as extensive as many hoped for, several key points are still attached to the bill. The bill would allow any undocumented immigrants who have been in the US since before 2011 a parole status of up to 10 years, with many then being able to use that parole to apply for legal permanent residence. Another provision in the bill would reclaim expired visas, both employment and family-based, that would have otherwise gone unused. Now that the bill has passed the House, it will be sent to the Senate for further discussion and debate before it is voted on.
Source: The Hill, Politico
https://thehill.com/latino/582254-historic-immigration-reform-included-in-house-passed-spending-bill?rl=1
https://www.politico.com/news/2021/11/18/democrats-social-spending-cbo-522947
A memo from Alejandro Mayorkas, Secretary of the Department of Homeland Security, has set new guidelines for the priority of deporting non-citizens to the US. Top priority, according to the memo, goes to those who would threaten US national security through espionage or terrorism. Threats to public safety, particularly those who have committed violent crimes, are also a priority, although Secretary Mayorkas has advised discretion on the part of authorities on whether there are mitigating circumstances in the case of said crimes, or other factors influencing whether the immigrant should be removed or not; such factors can include ties to the community, military service, health conditions, and the like. The third priority category is for those that threaten border security, who have either been in the US illegally since November of 2020 or are actively caught crossing the border unlawfully; Secretary Mayorkas again advises discretion as to whether the individuals qualify as a threat or not. The memo, above all else, urges that agents consider all factors when considering whether an immigrant should be deported, and emphatically states that the enforcement processes must be free from discrimination, exploitation, and cruelty.
Source: Immigration and Customs Enforcement
https://www.ice.gov/doclib/news/guidelines-civilimmigrationlaw.pdf
US Customs and Immigration Services has updated the list of categories of immigrants for whom they will automatically extend their Employment Authorization Document (EAD). To qualify for the automatic extension, the applicant must:
Have filed for renewal of their EAD (Form I-765) prior to the expiration of their current EAD, and
Have a category of immigration status that is eligible for renewal and automatic 180-day extension (see the list of categories below). The category on the applicant’s current EAD and their Form I-797C Notice of Action must match. (If the applicant is a TPS beneficiary or pending applicant, the EAD and I-797C must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status must accompany Form I-797C).
The following categories of status are eligible for automatic extension:
(a)(3) - Refugee
(a)(5) - Asylee
(a)(7) - N-8 or N-9
(a)(8) - Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) - Withholding of Deportation or Removal Granted
(a)(12) - Temporary Protected Status (TPS) Granted
(a)(17) - Spouse of principal E nonimmigrant with an unexpired I-94 showing E nonimmigrant status1
(a)(18) - Spouse of principal L-1 Nonimmigrant with an unexpired I-94 showing L-2 nonimmigrant status2
(c)(8) - Asylum Application Pending
(c)(9) - Pending Adjustment of Status under Section 245 of the Act
(c)(10) - Suspension of Deportation Applicants (filed before April 1, 1997); Cancellation of Removal Applicants; Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) - Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) - Pending initial application for TPS where USCIS determines applicant is prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”.
(c)(20) - Section 210 Legalization (pending I-700)
(c)(22) - Section 245A Legalization (pending I-687)
(c)(24) - LIFE Legalization
(c)(26) - Spouses of certain H-1B principal nonimmigrants with an unexpired I-94 showing H-4 nonimmigrant status
(c)(31) - VAWA Self-Petitioners
For more information on the automatic extension process, please visit the USCIS website here.
