On June 3, 2024, President Biden signed Proclamation 10773, Securing the Border. On September 27, 2024, President Biden amended Proclamation 10773. The Presidential Proclamation 10773 has suspended and limited the entry of certain noncitizens into the United States across the southern U.S. border. As of June 5, 2024, U.S. immigration enforcement and asylum procedures across the southern U.S. border are more strict. According to the Department of Homeland Security, this suspension and limitation on entry and associated measures will apply until 14 calendar days after there have been 28-consecutive-calendar-days of a 7-consecutive-calender-day average of less than 1,500 encounters by DHS. The suspension and limitation on entry will continue to, or again, apply if there has been a 7-consecutive-calendar-day average of 2,500 encounters or more. Therefore, as of now, there is no end date to the rule. Under the Presidential Proclamation, noncitizens who are apprehended by DHS while attempting to enter the U.S. unlawfully and who do not establish a legal basis to remain in the United States will: be promptly removed to their home country or a third country, face at least a 5-year bar on re-entry, and confront possible criminal charges for a subsequent unlawful reentry. Noncitizens who cross the southern U.S. border unlawfully and who do not fall in one of the exceptions from the Proclamation, are generally ineligible for asylum, unless there are exceptionally compelling circumstances. Noncitizens who cross the southern U.S. border, who do not fall within the exceptions, and are processed for expedited removal will only be referred for a credible fear screening if they express a fear of return to their home country, a fear of persecution or torture, or an intention to apply for asylum. According to DHS, “the U.S. continues to follow international obligations and commitments by screening individuals who manifest or express fear, but who do not qualify for the exceptionally compelling circumstances exception to the rule, for withholding of removal and Convention Against Torture protections at a reasonable probability of persecution or torture standard – a new, substantially higher standard than is applied under the Circumvention of Lawful Pathways rule.” The suspension and limitations under the Proclamation do not apply to noncitizens who make an appointment to present themselves at a designated land port of entry. The rule also does not apply to lawful permanent residents, other noncitizens with a valid visa or other individuals with lawful permission to enter the United States, unaccompanied children, and victims of a severe form of human trafficking.

As the election results confirm the return of a Trump administration, we know many of you may be concerned about what this means for immigration policy and the future of your lives and families in the United States. Having been through this before, we at Santos Lloyd Law Firm want to reassure you: we are here, steadfast and ready to support you through any challenges that lie ahead . We see your concerns, we hear your fears, and we stand with you. While there may be changes on the horizon, it’s important to remember that shifts in policy will take time. Legislative and policy changes do not happen overnight . They often unfold slowly, with legal reviews and, in many cases, judicial challenges. We understand how naturally unsettling this uncertainty can be. Yet it is in times like these that we ask you to trust that our team will always provide you with the latest, most accurate information. We are closely monitoring the situation and are prepared to adapt to any shifts in policy, executive orders, or regulations in the months ahead. This is not the first time Santos Lloyd has faced an uncertain political landscape. Many of you may recall the significant changes during the first Trump administration—policies that threatened family unity, sought to redefine pathways to citizenship, and challenged the stability of immigrant communities. Through those times, our attorneys stood strong, advocating for clients’ rights in courts, challenging unjust policies, and working tirelessly to keep families together and futures secure for those who contribute so much to this country. With each challenge, our firm has only grown stronger. We have gained invaluable experience and built a foundation of advocacy, resilience, and expertise that serves as the backbone of our firm. The months ahead will require our full focus and vigilance, but our dedication to you is unwavering, and our resolve to support you remains absolute. As we look ahead, our commitment to you remains our top priority. We know immigration is more than just paperwork or legal procedures—it’s about lives, families, and dreams. Our mission has always been to provide not only exceptional legal service but also to be a pillar of support, especially in uncertain times. We are here to answer your questions, address your concerns, and provide encouragement as we move forward together. At Santos Lloyd Law Firm, we are more than attorneys; we are your advocates, allies, and comrades. Our team believes that a successful case is not only about outcomes but about supporting our clients through the emotions, challenges, and triumphs that come with immigration law. We want to remind you that, while the coming months may bring changes, they will also bring new opportunities for us to stand beside you, to advocate for what’s fair, and to prove that even in the face of obstacles, we are stronger together . Please continue to reach out with any questions or concerns you may have. Whether you need legal guidance, a moment of reassurance, or simply a connection with someone who truly understands your journey, we are here. Thank you for placing your trust in Santos Lloyd Law Firm. Together, we will navigate these times with resilience, courage, and unwavering commitment to each and every one of you. We look forward to continuing our work together and to helping you achieve the dreams you’ve worked so hard to build.

The U.S. offers avenues for relief, including the opportunity to adjust status to a lawful permanent resident of the U.S. under specific provisions for trafficking victims. Here is an overview of the requirements and important considerations to know: In order to be eligible to apply and become a lawful permanent resident, you must meet the following requirements: Be lawfully admitted to the United States as a T-nonimmigrant; Continue to hold T nonimmigrant status at the time of applying for a green card; Maintain continuous physical presence in the United States. There are two ways to prove continuous presence; o Continuous physical presence must be maintained for at least 3 years, since the date of being lawfully admitted as a T nonimmigrant o Or continuous presence can be the time that the trafficking investigation or prosecution takes, whichever period of time is shorter. Prove you are a person of good moral character since first being admitted as a T- nonimmigrant and during the entire time your green card application is pending; and Meet one of the following: o Prove you have complied with any reasonable request for assistance in the investigation or prosecution of the acts of trafficking since first being admitted as a T-1 nonimmigrant and until USCIS makes a decision on your green card application; or o Prove you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or o Prove you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States; or All of the requirements must be satisfied to be eligible to apply for adjustment of status as a trafficking victim. Applying for your green card is a significant step towards reclaiming your life and securing a future in the U.S. If you or someone you know is a trafficking victim seeking to adjust status, contact our office and schedule a consultation with our experienced immigration attorneys.

On September 25, 2024, the U.S. Citizenship and Immigration Services (USCIS) recently updated its guidance on the Child Status Protection Act (CSPA) to clarify how an applicant’s CSPA age is calculated when extraordinary circumstances are involved. This update is designed to help Applicants and their families better understand how their eligibility for certain immigration benefits may be impacted by delays or special conditions during the process . The CSPA is a crucial law that helps protect children from "aging out" of the immigration process , meaning turning 21 years old while waiting for family-based immigration petitions to be processed. Normally, once a child turns 21, they may no longer qualify for a green card under certain family visa categories. However, the CSPA allows a special calculation of a child’s age to determine whether they can still be considered a "child" for immigration purposes, even if they have passed the age of 21. USCIS's recent update focuses on two key points: First , it clarifies how extraordinary circumstances may excuse an applicant from the usual requirement to apply for a green card (or "seek to acquire" permanent residency) within one year of their visa becoming available. If extraordinary circumstances, such as medical issues or other unavoidable situations, prevent an applicant from meeting this deadline, they may still qualify for CSPA protection as long as they can demonstrate these circumstances. Second , the guidance outlines how to calculate the applicant’s CSPA age in cases where these extraordinary circumstances apply . If an immigrant visa was available for a continuous one-year period, the CSPA age is calculated from the date the visa first became available. However, if the visa became available and then unavailable before the applicant could apply, the CSPA age calculation may still use the date the visa first became available—if the applicant can show they were unable to apply due to extraordinary circumstances. This update addresses an issue that was not previously covered in detail by USCIS policy. Before this clarification, it was unclear how the CSPA age would be calculated for noncitizens who had extraordinary reasons for not applying for a green card during the time their visa was available. By providing this updated guidance, USCIS aims to ensure that these cases are handled consistently and fairly. In conclusion, this recent USCIS update offers clearer guidance on how extraordinary circumstances affect CSPA age calculation. If you believe your family might benefit from this update, please reach out to one of our highly experienced immigration attorneys, who can help you understand how these changes apply to your situation. For more detailed information, you can visit the USCISPolicyManual or review the official USCISannouncement .

To be eligible for U.S. naturalization based on being a lawful permanent resident for at least five years, you must: Prove you have been a lawful permanent resident of the U.S. for at least five years; Demonstrate continuous residence in the U.S. for at least five years immediately before applying for naturalization; Show you have been physically present in the U.S. for at least 30 months out of the five years immediately before applying for naturalization; and Pass the naturalization test. The naturalization test consists of the English and civics test. The applicant must show his/her ability to read, write, and speak basic English. The interviewing USCIS officer will ask the applicant to read a sentence in English and to write a sentence in English. If the applicant demonstrates his/her ability to read, write, and speak English, the applicant passes this portion of the test. The civics test is an oral test, and the applicant is asked questions about the American government and history. The USCIS officer will ask the applicant up to 10 questions from the list of 100 civics test questions. To pass this portion of the test, the applicant must answer at least 6 questions correctly. If the applicant satisfies all of the eligibility requirements and passes the naturalization test, the last step before naturalizing is to attend the oath ceremony to become a naturalized U.S. citizen. If you have any questions and would like more information about your eligibility for naturalization, please contact our office to schedule a consultation with our experienced immigration attorneys.

The United States has long been a prime destination for both business ventures and leisure travel. Every year, thousands of individuals from across the globe visit the U.S. for short-term purposes such as business meetings or vacations. To do so, foreign nationals must obtain a non-immigrant visa, with the B1/B2 visa being one of the most commonly used for temporary visits. The B1/B2 visa allows individuals to enter the U.S. for specific purposes, whether for business-related activities or exploring the country’s tourist attractions. Although both visas fall under the same category, they serve distinct purposes depending on the nature of the visit. The B1/B2 visa, issued by the U.S. Department of State, is a dual-purpose visa that enables non-immigrants to enter the United States temporarily for either business (B1) or tourism and other non-business activities (B2). This combined visa offers flexibility, allowing travelers to handle both business and leisure matters within a single trip. The B1 visa is intended for those visiting the U.S. for business purposes. It’s important to note that the B1 visa does not allow for employment or managing a business in the U.S. Instead, it’s ideal for individuals who need to: Consult with business associates. Negotiate contracts or finalize deals. Attend conferences, conventions, or seminars in fields such as education, science, and trade. In short, the B1 visa is for individuals conducting essential business activities during their temporary stay, without seeking employment in the U.S. The B2 visa , on the other hand, is designed for individuals visiting the U.S. for non-business purposes such as: Tourism or vacations. Visiting friends or family. Receiving medical treatment. This visa also allows for participation in other non-business activities, such as social events or short-term recreational courses. Once granted, both B1 and B2 visas typically allow for stays of up to six months. The exact length of your stay is determined by U.S. Customs and Border Protection (CBP) officers upon your entry, based on the purpose of your visit and the terms of your visa. Whether visiting the U.S. to explore business opportunities or enjoy the country’s many tourist attractions, the B1/B2 visa provides a flexible option for short-term stays. By understanding the requirements and differences between these visas, you can better navigate the application process and make the most of your trip to the U.S.