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All people living in the United States, regardless of immigration status, have certain U.S. constitutional rights. If Immigration and Customs Enforcement (ICE) officers come to your workplace, they must have either (1) a valid search warrant, or (2) consent from your employer to enter non-public areas. Non-public areas could include: staff break rooms, server rooms, mechanical rooms, HR department offices, private meeting rooms, etc. However, ICE can enter public areas of your workplace (lobby, reception area, parking lot etc.) without a warrant or consent from your employer. If you encounter ICE at your place of employment, it is important to stay calm . If an officer stops you, you may ask if you are free to leave. If they say yes, walk away calmly. If they say no, stay where you are and do not attempt to leave. You have the right to remain silent. You do not have to speak to ICE, answer any questions, or show any documents . If asked about your place of birth, how you entered the United States, or your immigration status, you may refuse to answer or remain silent. If you choose to remain silent, say it out loud: “I choose to remain silent.” If officers ask you to stand in a group based on your immigration status, you do not have to move. Be prepared to assert your rights by downloading, printing, and carrying a "red card" (available at https://www.ilrc.org/red-cards-tarjetas-rojas ) that states you do not wish to speak, answer questions, or sign documents. You are not required to show immigration documents . You may refuse to show identity documents that reveal your nationality or citizenship. However, never show false documents or provide false information. If you are detained or taken into custody, you have the right to contact a lawyer immediately . Even if you do not have a lawyer, you can tell immigration officers, “I want to speak to a lawyer.” If you have a lawyer, you have the right to speak to them and, if possible, provide proof of this relationship (such as a signed Form G-28) to an officer. If you do not have a lawyer, ask for a list of pro bono (free) or l ow bono (low-cost) lawyers. You do not have to sign anything without first speaking to a lawyer. If you choose to sign any documents, make sure you fully understand what they mean, as signing may waive your rights or lead to deportation. If you believe your rights have been violated , write down what happened. Be sure to include specific details such as names, badge numbers, and exactly what was said and done. Report the violation to a lawyer or an immigrant rights organization as soon as possible. If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time. Please contact us if you need assistance.

If you’ve recently received the exciting news that your O-1 visa has been approved, congratulations! The O-1 is a prestigious visa, granted only to individuals who can demonstrate extraordinary ability in their field — whether it’s O-1A: individuals with an extraordinary ability in the sciences, education, business, or athletics, or O-1B: individuals with an extraordinary ability in the arts or extraordinary achievement in the motion picture or television industry. Getting O-1 approval is no small feat, and it’s a true validation of your talent and hard work. But for many O-1 visa holders, that approval brings up the next big question — what’s the path to securing a green card? For those aiming to remain in the United States permanently, the EB-1A visa is often the natural next step. It’s also known as the green card for individuals of extraordinary ability, which makes it a close cousin to the O-1. Obtaining U.S. permanent residency through EB-1A involves two steps: 1) securing approval of the EB-1A immigration petition (Form 1-40) and 2) adjusting status to that of permanent resident or seeking consular processing. However, while these two categories share similarities, they are not identical. The EB-1A standard is significantly higher, and many O-1 holders underestimate just how much more evidence they need to present to qualify for permanent residency. The good news is, if you’re proactive and strategic about building your case, you can significantly improve your chances of success. Understanding the Difference Between O-1 and EB-1A Both the O-1 and EB-1A visas focus on individuals with extraordinary ability, but they serve different purposes. The O-1 is a temporary work visa that allows you to come to the U.S. to work on specific projects or for a particular employer. It requires a U.S. sponsor to file the petition on your behalf. The EB-1A, by contrast, is an immigrant visa — it is the first step toward obtaining permanent residency. Because the EB-1A leads to permanent residency, its eligibility standards are even higher. You must not only demonstrate extraordinary ability but also show that your recognition is sustained over time and that your work has had a lasting impact on your field. What Can You Reuse From Your O-1 Case? If you put together a strong O-1 petition, some of the evidence you submitted will still be valuable for EB-1A. This includes your awards, media coverage, expert letters, and proof of memberships in prestigious organizations. But the EB-1A demands more — you need to go beyond showing what you’ve accomplished and prove that your influence is ongoing, impactful, and recognized at a national or international level. How to Strengthen Your Case While on O-1 One of the smartest moves you can make is to use your time on the O-1 visa to actively strengthen your EB-1A profile. This means seeking out opportunities to get your work featured in top-tier media, publishing more original contributions, judging competitions, and taking leadership roles in your professional community. Every action you take to enhance your visibility and influence. Final Thoughts — The Path from O-1 to EB-1A is Achievable You may not be able to file your EB-1A today, but we can help you build your case step by step. Whether you need guidance on strengthening your profile, identifying the right evidence, or preparing a strategic filing plan, our team is here to support you. If you’re currently on an O-1 visa and you believe you may be eligible for an EB-1A visa in the future, we encourage you to contact our office. Our experienced attorneys have helped countless individuals successfully navigate this path, and we would be happy to review your case and create a personalized roadmap for your green card journey.

In January 2025, the U.S. government introduced a mandate requiring all individuals without legal status in the country to register with federal authorities. This initiative aims to enhance national security and ensure compliance with existing immigration laws. If you or someone you know is affected by this change, it's essential to understand the specifics of this requirement and how to comply.​ Who Is Already Registered? Many individuals have already fulfilled their registration obligations through prior interactions with U.S. immigration authorities. You are considered registered if you have been issued any of the following documents:​ Lawful Permanent Resident Card (Green Card)​ Form I-94 or I-94W (Arrival/Departure Record), even if the period of admission has expired​ Immigrant or nonimmigrant visa issued before arrival​ Employment Authorization Document (EAD)​ Border Crossing Card​ Additionally, if you have applied for lawful permanent residence using forms such as I-485, I-687, I-691, I-698, or I-700, even if the applications were denied, or if you were paroled into the U.S. under INA 212(d)(5), you have met the registration requirement. ​ Who Needs to Register Now? If you have not been registered through any of the means mentioned above, you are required to register under the new mandate. This includes:​ Individuals aged 14 or older who were not registered and fingerprinted when applying for a visa and have remained in the U.S. for 30 days or longer. They must apply before the expiration of those 30 days.​ Parents or legal guardians of children under 14 who have not been registered and have been in the U.S. for 30 days or longer. They must register their children before the 30-day period ends.​ Any individual who turns 14 years old in the U.S. and was previously registered. They must apply for re-registration and fingerprinting within 30 days after their 14th birthday. Notably, American Indians born in Canada who entered the U.S. under section 289 of the INA and members of the Texas Band of Kickapoo Indians who entered under the Texas Band of Kickapoo Act are exempt from this requirement. ​ How to Register The U.S. Citizenship and Immigration Services (USCIS) is developing a new form and process for registration. Starting February 25, 2025 , individuals required to register should create a USCIS online account in preparation for the registration process. Once the process is implemented, registrations will be submitted through this online account. ​ Important Considerations Registration Is Not an Immigration Status: Completing the registration does not grant any immigration status, employment authorization, or other rights or benefits under U.S. law. ​ Consequences of Non-Compliance: Failure to comply with the registration requirement may result in fines, imprisonment, or both. ​ At Santos Lloyd Law Firm, P.C., we are committed to guiding you through this process with compassion and expertise. Our trusted immigration lawyers are here to provide the information and assistance you need during this time.​ For personalized guidance and support, please contact Santos Lloyd Law Firm, P.C., and speak with one of our experienced immigration attorneys. We are dedicated to helping you navigate these changes and securing a hopeful future.

On January 20, 2025, President Donald Trump signed an Executive Order imposing new restrictions on migrants, including limitations on asylum and humanitarian protections. The order directs the Department of Homeland Security (DHS) to terminate all categorical parole programs that conflict with U.S. policies , which includes parole processes for Cuban, Haitian, Nicaraguan, and Venezuelan nationals. Additionally, this provision could impact parole programs for individuals from Afghanistan, Ukraine, and other countries. Beyond restricting parole, the executive order introduces several border security measures , including building more physical barriers, increasing the number of border personnel, and stopping the use of the CBP One mobile application . The order specifically directs the Department of Defense (DOD) and DHS to build more border walls to establish what it calls “complete operational control” of the southern border. Additionally, it ordered the immediate shutdown of the CBP One mobile app, which previously allowed asylum seekers to schedule appointments at U.S. Ports of Entry. As a result, all existing appointments have been canceled immediately . The order also initiates the reinstatement of the “Remain in Mexico” program , also known as the Migrant Protection Protocols (MPP) , across all sectors of the southern border. Under MPP, asylum seekers must remain in Mexico while awaiting the outcome of their U.S. immigration court proceedings, significantly altering the process for those seeking refuge in the country. These measures reinforce the Trump administration's broader effort to restrict asylum and humanitarian protections at the U.S. border . If you or someone you know may be affected by this executive order, it is essential to stay informed and understand your legal rights. Consulting with an immigration attorney can help navigate these evolving policies and ensure the best course of action moving forward.

The E-2 Visa is a non-immigrant visa that allows foreign investors from treaty countries to live and work in the United States by starting or purchasing a business. Unlike other visa categories, it does not require a fixed minimum investment amount. Instead, applicants must demonstrate that their investment is substantial and sufficient to ensure the success of their business. The visa is renewable indefinitely as long as the business remains active and meets the necessary criteria, making it an attractive option for entrepreneurs seeking long-term opportunities in the U.S. One of its key advantages is flexibility. Investors can establish a new business, acquire an existing one, or enter into franchise opportunities. Additionally, spouses and children under 21 can accompany the primary applicant, with spouses eligible to apply for work authorization. This makes the E-2 Visa a practical option for business-minded individuals looking to establish themselves in the U.S. market. While the E-2 Visa itself has remained a stable option, shifts in U.S. immigration policies have influenced the application process and overall investor experience. Understanding these changes is essential for anyone considering this pathway. Policy Shifts and the E-2 Visa: Lessons from the Past During the first Trump administration (2017–2021), U.S. immigration policies became more restrictive across multiple visa categories. Although the E-2 program was not directly limited, broader changes had an impact. The "Buy American, Hire American" Executive Order, signed in 2017, led to heightened scrutiny of visa applications, requiring investors to provide stronger evidence that their business would create jobs and contribute to the U.S. economy. This resulted in an increase in Requests for Evidence (RFEs) and denials for those unable to meet these expectations. Another significant change was the suspension of the Interview Waiver Program, which meant all E-2 applicants, including renewals, had to attend in-person interviews at U.S. embassies. This extended processing times and increased scrutiny of applications. Additionally, visa reciprocity agreements were reviewed and adjusted, impacting validity periods and costs for certain countries. For instance, Iranian citizens were deemed ineligible for the E-2 Visa due to the termination of the treaty. These adjustments significantly affected investors from impacted nations, increasing their costs and renewal frequency. Despite these policy shifts, the approval rate for E-2 visas remained relatively stable. According to data from the U.S. Department of State, there were over 43,000 approvals in 2019, reflecting the program’s continued viability. Even in 2020, when the COVID-19 pandemic caused global disruptions, approval numbers remained significant. These figures highlight that while the process became more rigorous, well-prepared investors continued to secure visas by demonstrating strong business plans, substantial investments, and clear economic contributions. What to Expect Moving Forward As the new Trump administration takes shape, further immigration policy changes are likely. While it is too soon to predict the exact impact on the E-2 Visa, past trends suggest increased scrutiny. However, the program itself has remained intact across multiple administrations, reinforcing its reliability for foreign entrepreneurs. Those considering this visa should stay informed and ensure their applications meet evolving requirements. A well-prepared investment strategy, clear documentation, and a defined job creation plan can make a significant difference in navigating any potential policy shifts. Why the E-2 Visa Remains a Strong Choice The E-2 Visa continues to be a resilient and valuable option for foreign entrepreneurs. Even during periods of policy change, approval rates have remained strong for investors with well-structured applications. The ability to renew indefinitely, combined with its flexibility in investment size and business type, makes it one of the most attractive pathways for international investors. With the right preparation, investors can confidently pursue the E-2 Visa, knowing that history has shown its stability even amid shifting political landscapes. By staying ahead of policy changes and ensuring a solid business strategy, entrepreneurs can take advantage of the opportunities the U.S. market has to offer. If you are ready to take the next step toward launching your business in the U.S., you can contact our office for expert guidance and personalized assistance with your application.

On January 29, 2025, President Trump signed the Laken Riley Act into law, significantly altering how immigration policies are enforced in the United States. This legislation grants State attorneys general and other authorized officials unprecedented authority to interpret and implement federal immigration policies. It also empowers them to take legal action against the federal government if they believe federal immigration enforcement negatively impacts their state. With this new authority, states now play a direct role in shaping immigration outcomes—a responsibility traditionally held by the federal government. One of the most immediate effects of the Laken Riley Act is that it allows states to seek injunctive relief to block the issuance of visas to nationals of countries that refuse or unreasonably delay the acceptance of their citizens who have been ordered removed from the United States . This means that if a country does not cooperate with U.S. deportation efforts, its nationals—regardless of their legal status—could face significant difficulties obtaining or renewing visas. As a result, foreign nationals from these countries may encounter increased uncertainty when traveling internationally or securing work authorization in the U.S. Beyond visa processing, the law introduces a new level of unpredictability into the immigration system. By allowing state attorneys general to intervene in federal procedures, and immigration policies that may now vary based on state-level decisions. In the coming months, it remains to be seen how individual states will wield this power—whether they will actively seek to block visa issuance or push for broader immigration enforcement measures. For foreign nationals and employers, staying informed about which countries are deemed “uncooperative” is now more important than ever. Those needing visa renewals or planning international travel should prepare for potential delays and seek professional guidance to navigate these uncertainties. The Laken Riley Act also mandates federal immigration authorities to detain and deport individuals without legal status who are charged with certain offenses, including minor theft or shoplifting, assaulting a law enforcement officer, and crimes resulting in death or serious bodily injury. This provision underscores a stricter approach to immigration enforcement, affecting individuals accused of both minor and serious offenses. With immigration policies now subject to a new layer of state involvement, it is more important than ever to stay informed and prepared for potential challenges. If you have concerns about how the Laken Riley Act may affect your immigration status or business, contact Santos Lloyd Law Firm for strategic counsel tailored to your needs.

On January 28, 2025, Secretary of Homeland Security Kristi Noem vacated the January 10, 2025, decision by former Secretary Alejandro Mayorkas that had extended the 2023 designation of Temporary Protected Status (TPS) for Venezuela and ordered that his January 17, 2025, notice re-designating Venezuela TPS be vacated. This action has understandably caused confusion and concern among Venezuelan TPS beneficiaries and those with pending applications. It is critical to clarify that this does not mean that the TPS program for Venezuela has been eliminated . Instead, the Department of Homeland Security (DHS) must now reconsider whether to re-designate (extend) or terminate the previous Venezuela TPS designations from 2021 and 2023. What Does the Vacatur Mean? Because the January 17, 2025, TPS extension was vacated, the most recent valid TPS designation for Venezuela remains the October 3, 2023, designation . The vacatur does not immediately affect TPS protections for individuals covered under the prior designations. However, DHS must make key decisions in the coming months: By February 1, 2025 , DHS must decide whether to extend or terminate the October 3, 2023, designation . By July 12, 2025 , DHS must decide whether to extend or terminate the March 9, 2021, designation . If the Secretary does not make a timely determination (for example, if the Secretary were not to make determination by February 1, 2025 whether to extend or terminate the 2023 Venezuela TPS designation), then the statute provides for an automatic extension of the designation for an additional period of 6 months . INA 244(b)(3)(C), 8 U.S.C. 1254a(b)(3)(C). Until these decisions are made, TPS remains in effect under the previous designations , and those who have already been granted TPS are not immediately impacted. Who Is Affected and What Should You Do? Current TPS Holders If you were already granted TPS under the March 9, 2021, or October 3, 2023, designations, your status remains valid. You must continue to comply with all re-registration requirements to maintain your protection and work authorization. Re-registration period: TPS beneficiaries under the 2021 and 2023 designations must re-register between January 17, 2025, and September 10, 2025 , to maintain their legal status and work authorization. Individuals with Pending TPS Applications as of January 17, 2025 If you applied for TPS before January 17, 2025 , under a previous designation, your application will continue to be processed . If your application is approved, your TPS protection will remain valid at least until April 2, 2025 . There is no need to reapply. Individuals Who Applied for TPS Between January 10, 2025, and January 28, 2025 If you applied for TPS during this period, USCIS will cease processing your applications and issue refunds of any fees paid in association with those applications . Additionally, USCIS will invalidate EADs; Forms 1-797, Notice of Action (Approval Notice); and Forms 1-94, Arrival/Departure Record (collectively known as TPS-related documentation) that have been issued with October 2, 2026 expiration dates under the January 17, 2025 Mayorkas Notice. What Happens Next? Given the Biden administration’s prior support for TPS, many expect DHS to extend or re-designate Venezuela for TPS rather than terminate it . However, no final decision has been made , and Venezuelan nationals with TPS or pending applications should continue to follow updates closely. What Should You Do Now? If you currently hold TPS , continue to comply with all TPS renewal requirements and remain aware of DHS’s upcoming decisions. If you have a pending application , check USCIS updates regularly and consult with an immigration attorney for the latest guidance.  If you applied between January 17, 2025, and January 28, 2025 , seek legal counsel to understand how the vacatur may affect your application. Stay Informed and Get Legal Guidance Our immigration firm is closely following these developments and will provide updates as soon as DHS makes its decision. If you have questions about your TPS status or how this memo affects your case, contact our office today for a consultation. For more information, refer to the official DHS notice on the vacatur: Vacatur of 2025 Temporary Protected Status Decision for Venezuela .

On January 20, 2025, President Donald Trump signed an executive order titled "Protecting the Meaning and Value of American Citizenship," which aims to end birthright citizenship for certain children born in the United States . This order specifically targets children born to mothers who are either unlawfully present or temporarily in the U.S. on visas, such as student, work, or tourist visas, if the father is neither a U.S. citizen nor a lawful permanent resident. Under this new policy, these children will no longer be granted automatic U.S. citizenship. The order is set to take effect 30 days from its signing and applies only to births occurring after that period, meaning it does not retroactively affect children born before the effective date. This executive order challenges the long-standing interpretation of the 14th Amendment of the U.S. Constitution, which guarantees citizenship to all individuals born on American soil . The amendment states, "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside." For over a century, this provision has been understood to grant citizenship to most individuals born in the U.S., regardless of their parents' immigration status. In response to the executive order, immigrant rights advocacy groups, including the American Civil Liberties Union (ACLU), have filed lawsuits challenging its constitutionality . They argue that the order violates the clear mandate of the 14th Amendment and undermines fundamental American values. Legal experts anticipate that this issue will be contested in courts, with the potential for the order to be blocked or overturned. On January 23, 2025, a federal judge in Seattle issued a temporary restraining order (TRO), effectively blocking the executive order from taking effect for the next 14 days . The court cited potential constitutional violations and the need for further legal briefings before any enforcement could proceed. This ruling provides temporary relief to affected families and signals the likelihood of a prolonged legal battle. Further hearings are scheduled to determine whether the order will be permanently blocked or allowed to proceed. For families affected by this order, there is growing concern about the potential challenges their children may face without U.S. citizenship. Access to essential services, education, and employment opportunities could become more difficult for those impacted. However, it is important to remain hopeful, as the legal system provides checks and balances to ensure that any executive action aligns with constitutional principles. Historically, similar attempts to restrict birthright citizenship have faced significant legal challenges and have not been upheld . If you or someone you know may be impacted by this executive order, staying informed and understanding your rights is crucial. At Santos Lloyd Law Firm, P.C., our trusted immigration attorneys are available to provide guidance and support during this uncertain time, please contact us if you need assistance.