Green Card applicants will now face extra hurdle under Trump’s immigration policy.

Under President Trump’s ‘extreme vetting’ of immigrant policy, Green Card applicants will now be required to go through an interview in order to obtain permanent residence. Although Green Card applicants have always been required to be interviewed under the law, in the past, US Citizenship and Immigration Services (“USCIS”) has always waived such interview for broad categories applicants and focus its resources on higher-risk cases.

According to the USCI, the new policy is designed to combat on illegal immigration and put restrictions on who can enter the US. The new policy will come into effect on 1 October this year, and Green Cards applicants who based their applications under employment or for refugee and asylum will now be subject to a face to face interview. The administration explains in-person interviews will allow officers to verify the application and further discover new relevant information as well as assessing the credibility of the applicant. As a result, this would enhance and strengthen the integrity of the Nation’s immigration system.

It is unknown how many people will be affected by the new policy, but it is certain that it will inevitably add burdens on the system and Green Card applicants will have to overcome an extra hurdle in order to obtain permanent residence.

(Source: http://edition.cnn.com/2017/08/28/politics/trump-administration-green-cards-interviews/index.html)

Would President Trump Let you Immigrate to America?

President Trump expressed his support for a new immigration bill based on a point system which would appear to reduce the number of people that will be allowed to immigrate to the US.

Under the proposed Reforming American Immigration for Strong Employment Act (“RAISE ACT”), applicants will need to acquire points under a number of point-scoring factors including: age; level of education; English ability; salary; investment to be made in the US; whether the applicant has won any Nobel Prize or any comparable internal award; whether the applicant has won any Olympic medal in the past 8 years.

Even with the endorsement of the President, the bill is struggling to get approval from the Congress.

(Source: http://time.com/4887574/trump-raise-act-immigration/)

US to sanction 4 countries for refusing to accept deported immigrants

The US Government will impose visa sanctions on four countries due to their refusal to take back deported immigrants. In reaching this decision, the spokesman of the Department of Homeland Security (“DHS”) said that all countries should begin to meet their obligations to repatriate their own citizen when the US tries to deport them. However, the spokesman refused to name the four countries.

The State Department and the DHS have the power to sanction countries that are uncooperative. In the past 16 years, such power has been used twice: against Guyana in 2001 and Gambia in 2016. Whilst in the past two cases, the State Department only stopped issuing visas to government officials and their families, it is uncertain the extent to which the State Department may impose the sanction on this occasion.

The U.S Immigration and Customs Enforcements have regularly kept a list of countries/jurisdictions that are considered to be uncooperative in deportation. Currently, 12 countries/jurisdictions are on the list, including: China, Hong Kong, Cuba, Vietnam, Laos, Iran, Cambodia, Myanmar, Morocco, South Sudan, Guinea and Eritrea.

If the US Government imposes visa sanctions against these 12 countries/jurisdictions, it may have a serious impact.

(Source: http://www.washingtontimes.com/news/2017/aug/23/4-countries-sanctioned-because-of-refusal-to-accep/)

Trump delays new US visa program

President Trump’s administration has delayed a new US visa program that is designed to allow start-up international entrepreneurs to secure government funding. The program was supposed to be effective on July 2017; however it will be postponed until March 2018, subject to the review of Department of Homeland Security.

Normally, there are three ways for businessmen to enter the US: L1A intra-company transfer Visa, E-2 Treaty Investor visa or EB5 Immigrant investor visa. Nevertheless, not everyone can fulfill those criteria; some Indian or Chinese nationals cannot obtain either an E1 or E2 visa, and the new visa program was said to improve the chances of acquiring an investor visa and benefit the country economically.

A group of US investors and business people have already written to Trump to urge him to commence the new visa program, since entrepreneurs’ immigrant plays an important role in creating more job opportunities in the US.

Brexit: UK Government is considering giving Young EU migrants two-year work visas after Brexit
The committee of the Migration Advisory Commission of the UK has suggested that EU migrants under aged 30 would likely have positive impacts on the UK economy because of their longer working life and lower risk of health problem and a proposal has been put forward to give these young EU migrants two-year visas to live and work in the UK after Brexit.

The proposal has, in particular, suggested a points-based system similar to the Australian one in which younger migrants would receive more points or be given a lower salary threshold. It is expected that those young people will be able to integrate much better into the society than older migrants. It is also suggested that migrants will further benefit the society economically due to their diverse skill sets.

On the other hand, the proposal has suggested curbing low-skilled migration but allowing migrants with specific, in-demand skills to come to the UK.

Although Brexit will be executed in 2019, the UK Government has indicated that EU citizens will still be able to enter UK under a “registration and documentation” route during a transitional period after Brexit.

(Source: http://www.independent.co.uk/news/uk/politics/brexit-eu-migrants-young-18-30-two-year-work-visa-migration-advisory-committee-a7878791.html)

HK Immigration Department combating false instruments in visa applications
The Immigration Department (“ImmD”) has always been concerned about dishonest intermediaries who seek to obtain Hong Kong visas for applicants through illegal means. Hence, the ImmD combats use of false instruments in visa applications in a rigorous manner. On 6 June 2017, the ImmD prosecuted a female defendant for using false instruments and false statements for the purpose of obtaining visas/ entry permits for visa applicants.

Under the current law, it is an offence to make, possess or use false instruments. Upon conviction, offenders are subject to a maximum penalty of 14 years’ imprisonment.

The above serves as a reminder that applicants should always obtain visas through legal means. If necessary, they should seek legal advice.

(Source: http://www.immd.gov.hk/eng/press/press-releases/20170606.html)