1. Wolfsdorf Rosenthal LLP
HOT TOPICS OVERVIEW
Bernard Wolfsdorf Attorney At Law
Wolfsdorf Rosenthal LLP

2. Bernard Wolfsdorf WOLFSDORF ROSENTHAL LLP
State Bar of California Certified Specialist in Immigration & Nationality Law
60 professionals offering full-service global immigration mobility services
Who’s Who Legal “Immigration Lawyer of the Year for seven years in a row (official research partner of American Bar Association).
Past National President of the 14,000-lawyer American Immigration Lawyers Association (AILA).
Member of ABIL, Global Alliance of Business Immigration Lawyers with 35 top immigration law firms, and over 1,200 professionals providing highest standards of care and legal ability. 
Provides immigration services in over 100 countries.

3. California Team

4. Topics Hot Topics Overview
President Trump’s Executive Orders on Immigration
Proposed Restrictions on Employment Visas
Know Your Rights
DACA to Renew or Not to Renew?

5. Hot Topics Overview
TEN THINGS NON-U.S. CITIZENS SHOULD KNOW ABOUT IMMIGRATION -- MARCH 6 UPDATE
1. ALWAYS CARRY EVIDENCE OF LAWFUL IMMIGRATION STATUS AS IMMIGRATION ENFORCEMENT AGENTS HAVE MORE DISCRETION AND WIDER OPERATING ROOM THAN BEFORE. TWO NEW MEMOS ISSUED BY THE DEPARTMENT OF HOMELAND SECURITY (DHS) RECENTLY ALLOW FOR “EXPEDITED REMOVAL,” WHICH IS A FAST TRACK PROCESS THAT PERMITS REMOVAL WITHOUT SEEING AN IMMIGRATION JUDGE. EXPEDITED REMOVAL MAY APPLY TO ANYONE WHO ENTERED THE COUNTRY WITHIN THE PAST 2 YEARS (USED TO BE 2 WEEKS), AND ANYWHERE IN THE UNITED STATES (USED TO BE WITHIN 100 MILES OF THE BORDER). EXPEDITED REMOVAL HAPPENS ON THE SAME DAY, OR WITHIN A MATTER OF DAYS.

6. Hot Topics Overview
2. NEW SIX NATION EXECUTIVE ORDER - EFFECTIVE MARCH 16 - PEOPLE FROM THE SIX AFFECTED COUNTRIES (IRAQ NOW REMOVED FROM THE BAN) CAN PRESENTLY TRAVEL TO THE UNITED STATES IF THEY HAVE VALID VISAS AND THEY ARE BEING ADMITTED BUT NEW BAN WILL COME INTO EFFECT 12:01AM EDT ON MARCH 16. BAN WILL ALLOW GREEN CARD HOLDERS, THOSE WITH VALID VISAS FROM SIX COUNTRIES AND DUAL NATIOPNALS TRAVELING WITH PASSPORT FROM NON-DESIGNATED COUNTRY TO ENTER THE UNITED STATES. THE STATE DEPARTMENT (DOS) HAS CONFIRMED THAT PEOPLE WHO HAD THEIR VISAS REVOKED OR CANCELED NEED TO RE-APPLY FOR A NEW VISA AT A U.S. CONSULATE (OR IN RARE CASES AT THE REQUEST OF CBP GET A “BOARDING LETTER” FROM THE CONSULATE), BUT PEOPLE IN THE UNITED STATES WHOSE VISAS WERE PROVISIONALLY REVOKED BY A JANUARY 27 DOS LETTER, ARE REINSTATED. SOME ARE GETTING VISAS APPROVED ABROAD, WHILE OTHERS ARE FACING DELAYS. MORE LEGAL ARGUMENTS AND DECISIONS TO COME. TRAVEL ABROAD FOR CITIZENS OF THE SIX COUNTRIES IS A CALCULATED RISK.

7. Hot Topics Overview
3. ELECTRONIC DEVICES CAN BE SEARCHED AT AIRPORTS AND BORDERS. THIS IS HAPPENING MORE FREQUENTLY. PRIVATE INFORMATION, SUCH AS CONFIDENTIAL DOCTOR-PATIENT INFORMATION, SHOULD BE ENCRYPTED. ACCORDING TO THE CUSTOMS AND BORDER PROTECTION (CBP) WEBSITE, CBP OFFICERS MAY SEARCH LAPTOPS, CELL PHONES, OR OTHER ELECTRONIC DEVICES. SELECTION MAY NOT BE BASED ON RELIGION, RACE, NATIONAL ORIGIN, GENDER, ETHNICITY, OR POLITICAL BELIEFS. U.S. CITIZENS MAY ALSO BE QUESTIONED AND MAY HAVE THEIR DEVICES SEIZED FOR REFUSAL TO PROVIDE PASSWORDS OR UNLOCK DEVICES, BUT CANNOT BE PREVENTED FROM ENTERING THE UNITED STATES. NONCITIZENS MAY BE DENIED ENTRY IF THEY REFUSE.

8. Hot Topics Overview
4. DACA UPDATE. THE JANUARY EXECUTIVE ORDERS STATE DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) REMAINS IN EFFECT, BUT THAT DACA “WILL BE ADDRESSED IN FUTURE GUIDANCE.” THIS IS GOOD NEWS FOR THE 750,000 PLUS PEOPLE WHO HAVE DACA, HOWEVER, CONTINUATION OF THE PROGRAM IS NOT GUARANTEED AND THE EXECUTIVE ORDERS CALL FOR GREATER ENFORCEMENT AGAINST ANYONE WITH ANY KIND OF CRIMINAL ISSUE OR WITH A PREVIOUS DEPORTATION ORDER. THE QUESTION IS WHETHER A DACA RECIPIENTS WITH A MINOR CRIMINAL ISSUE CAN RENEW. ALSO, RECIPIENTS WITH PRIOR DEPORTATION ORDERS NEED TO BE CAUTIOUS. DACA RECIPIENTS SHOULD CARRY THEIR DACA APPROVAL AND WORK CARD WITH THEM AND SHOULD EXPLORE WAYS TO GET BACK INTO STATUS BY TALKING TO AN ATTORNEY OR LEGAL SERVICE AGENCY ESPECIALLY IF THEY HAVE ANY CRIMINAL ISSUE, NO MATTER HOW MINOR.

9. Hot Topics Overview
5. MOVING BEYOND DACA. MANY HAVE FILED FOR DACA ON THEIR OWN, AND HAVE NEVER HAD A LEGAL CONSULTATION EVEN THOUGH THEIR IMMIGRATION HISTORIES CAN BE COMPLICATED. A GROWING NUMBER OF DACA RECIPIENTS GOT DACA UNDER AGE 18½ AND NOW HAVE DEGREES THAT OPEN THE DOOR TO VISA SPONSORSHIP. SOME MAY NOT HAVE WHAT IS CALLED “UNLAWFUL PRESENCE,” AND MAY BE ABLE TO CONSULAR PROCESS AN EMPLOYMENT BASED VISA OR GREEN CARD.

10. Hot Topics Overview
6. CAN UNDOCUMENTED PARENTS OF STUDENTS FLY WITHIN THE UNITED STATES? SOME HAVE TRAVELED BEFORE WITH NO PROBLEMS. PRESIDENT OBAMA’S “PRIORITIES MEMO” USED THE IDEA OF PROSECUTORIAL DISCRETION TO GIVE SOME LEVEL OF COMFORT TO THOSE AT THE BOTTOM OF THE ENFORCEMENT PRIORITY LIST. THE NEW ORDERS MAKE CLEAR THERE IS A TOP OF THE LIST, BUT NO BOTTOM. NOW ANYONE UNDOCUMENTED WHO IS CAUGHT COULD BE REMOVED. ANYONE WHO IS UNDOCUMENTED WHO IS CONSIDERING TRAVELING SHOULD TALK TO AN ATTORNEY OR LEGAL SERVICE AGENCY TO EVALUATE THEIR SITUATION. CHECK IMMIGRATIONLAWHELP.ORG FOR A LIST OF ACCREDITED AGENCIES. 7. BEYOND TRAVEL, WAYS TO PREPARE FOR NEW IMMIGRATION ENFORCEMENT PRIORITIES. YES, THERE ARE SOME BASIC STEPS. ONE SET OF MODEL GUIDELINES FOCUSES ON INTERACTION WITH GOVERNMENT OFFICIALS.

11. Hot Topics Overview
8. DOCUMENT IMMIGRATION STORIES. FOR EXAMPLE, A GRADUATE STUDENT FROM AN AFFECTED COUNTRY MAY BE DOING IMPORTANT CUTTING EDGE RESEARCH BUT CANNOT TRAVEL TO PRESENT WORK AT A CONFERENCE ABROAD, OR IS NOT ABLE TO ENTER THE UNITED STATES. THESE STORIES SHOW THE REAL IMPACT OF THE TRAVEL BAN. FACTS DO MATTER AND THERE ARE SOME GOOD ARTICLES AND WEBSITES THAT PROVIDE DATA ON THE TRAVEL BAN AND ALSO ON THE POSITIVE IMPACT OF IMMIGRANTS ON OUR ECONOMY.

12. Hot Topics Overview
9. DID THE EXECUTIVE ORDERS CANCEL PRESIDENT OBAMA’S ORDERS EXCEPT FOR DACA? WHAT ABOUT THE “SENSITIVE LOCATIONS” MEMO THAT SAID ENFORCEMENT SHOULD NOT TAKE PLACE AT SENSITIVE LOCATIONS SUCH AS CAMPUSES, CHURCHES, AND HOSPITALS? IT APPEARS THAT THE BAN ON ENFORCEMENT AT SENSITIVE LOCATIONS SURVIVES. THIS POLICY IS STILL ON THE ICE WEBSITE, AND IN A DHS Q&A AT QUESTION 28. WE HOPE THIS WILL CONTINUE.

13. Hot Topics Overview
10. WILL THE ADMINISTRATION AND CONGRESS CUT BACK F-1 STEM OPT AND THE H-1B PROGRAM, AND RAISE THE MINIMUM SALARIES FOR H-1B WORKERS? A LOT OF IDEAS AND DRAFT MEMOS ARE FLOATING AROUND WASHINGTON HOW TO “FIX” IMMIGRATION, INCLUDING THE H-1B SYSTEM. BILLS PENDING IN CONGRESS WOULD AMEND THE H-1B PROCESS. WE CANNOT BE SURE IF THIS WILL HAPPEN QUICKLY BUT PASSING LEGISLATION IN CONGRESS AND AMENDING FEDERAL REGULATIONS ARE NORMALLY LONG-TERM PROJECTS. EVEN THE OBAMA ADMINISTRATION WAS SUCCESSFULLY SUED FOR TRYING TO MAKE BIG CHANGES FOR PARENTS OF DACA RECIPIENTS WITHOUT FORMAL PROCEDURES.

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Q & A
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Bernard Wolfsdorf
Cliff Rosenthal
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