Welcome to Law Offices of Lal Varghese, PLLC, Dallas
(Immigration Law Firm)
About our Law Firm
We are an immigration law firm in Dallas, Texas with more than 34 years of experience in U. S Immigration laws. We restricts our practice in U. S. Immigration laws mainly in Family based category, Religious Visas, National Visa Center processing and Consular practice. Attorney Lal Varghese, after having completed his Bachelor’s Degree in Science (B.Sc.), Bachelor’s Degree in Law (LL.B.), Master’s Degree in English Literature (M. A.), and Master’s Degree in Psychology (M. A.), was admitted to practice by the Bar Council of Kerala as an Advocate in the State of Kerala, India in 1978.
Attorney Lal Varghese, is admitted to practice as an attorney in the State of Texas, U. S. A., before the Supreme Court of Texas, and also before the U.S. District Court for the Northern District of Texas (Federal Court) since 1992. He is still licensed in Kerala, India to practice as an Advocate in any courts. He has been practicing legal profession for the past 48 years, out of which he is been practicing as an Attorney in immigration law for the last 34 years in Dallas, Texas.
Attorney Lal Varghese is a member of several legal and professional associations including the American Immigration Lawyers Association (AILA), American Bar Association (ABA), National Asian Pacific American Bar Association (NAPABA), National South Asian Bar Association (NASABA), Indian-American Bar Association, State Bar Of Texas, Dallas Bar Association, Dallas Asian American Bar Association (DAABA), and Texas Chapter of American Immigration Lawyers Association (AILA) and also one of its founding members. He also volunteers his time as a mentor for other US immigration lawyers through AILA.
Recently, attorney Lal Varghese has been designated as a Senior Attorney by State Bar of Texas and also by American Immigration Lawyer’s Association (AILA). Attorney Lal Varghese also published a book titled “Continuing the Faith Journey” consisting of selected articles written by him based on biblical themes and subjects. The proceeds from the sale of the book was donated to the project “Light to Life” of the Diocese of North America of the Mar Thoma Church to help the children studying in schools in India.
Attorney Lal Varghese serves as legal counsel for the Diocese of North America of the Mar Thoma Church, primarily handling R-1 visa petitions for priests transferred to the United States. He assists newly formed congregations and parishes in registering as nonprofit religious organizations and in obtaining tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Attorney Varghese has also been a member of the Legal Affairs Committee (LAC) since its inception in 2006.
Our Law Firm also has started a YouTube channel for educating the general public about the U. S Immigration laws. We have already published more than 60 videos containing information about various visa categories including study, visit, obtain work visa and green card in America. The link to the YouTube channel is given below. We are requesting everyone to view our YouTube videos and read the description given for each videos and also subscribe the YouTube channel so that you may get the latest news and updates in U. S Immigration laws instantly. Thanks
https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Our Law Firm Contact Information:
Lal Varghese, Esq.
Law Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main) (972) 788-1555 (Direct) (Available only between 8:30 AM to 4:30 PM (CST) from Monday – Friday)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109 (Available only between 8:30 AM to 4:30 PM (CST) from Monday – Friday)
Web Site: https://www.attorneylalvarghese.com
Facebook: https://www.facebook.com/usattorney
https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Practice limited to Federal Law | Immigration and Nationality Act
Practicing legal profession for more than 48 years since 1978
Also licensed in Kerala, India as an Advocate since 1978
Web Sites of Various U. S. Government Agencies Administering U. S. Immigration Laws
USCIS for Detailed Information About its Process, Forms, Filing of Petitions and Applications for Immigration Benefits, Immigration Laws and Rules and Guidelines:
https://www.uscis.gov/
CBP for I-94 Print Out for Non Immigrant Travelers and SEVIS Registration:
https://www.cbp.gov/
How to Study in Colleges and Universities in U. S. A.:
https://www.usa.gov/study-in-US
Visa Waiver Program to Visit U. S. A.:
https://travel.state.gov/content/travel/en/us-visas/tourism-visit/visa-waiver-program.html
Department of State Information for U. S Passports, Visas, Visa Bulletin etc.:
https://travel.state.gov/content/travel.html
List of U. S. Embassies and Consulates Around the Word:
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts.html
National Visa Center and Consular Processing Including Submission of Visa Applications and Uploading Documents:
https://ceac.state.gov/ceac/
https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html
Outsourcing Agency Handling Visa Services for Consulates in India Including Profile Creation, Scheduling for Finger Print Appointments, Consular Appointments:
https://www.ustraveldocs.com/
Travel to U. S. A. Advisory by Center for Decease Control (CDC) of U. S. Government
https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html
U.S. Government Services and Information:
https://www.usa.gov/
Legal Services Offered by Law Offices of Lal Varghese, PLLC, Dallas
We mainly practice in Family Based Immigration and Religious Visas, USCIS Processing, National Visa Center Processing and Consular Practice.
General Disclaimer
Privacy Policy:
CONTACT US:
Lal Varghese, Esq.
Law
Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063 – 3416
Tel: (972) 788-0777 (Main)
Tel: (972) 788-1555 (Direct) (Available only between 8:30 AM to 4:30 PM (CDT) from Monday – Friday)
Fax: (972) 874-7909
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109 (Available only between 8:30 AM to 4:30 PM (CDT) from Monday – Friday)
Web Site: https://www.attorneylalvarghese.com
Facebook: https://www.facebook.com/usattorney
YouTube: https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Practice limited to Federal Law | Immigration and Nationality Act
Practicing legal profession for more than 48 years since 1978
Also licensed in Kerala, India as an Advocate since 1978
Family Based Visas for Green Card
The main family based visa categories are given below.
IR – Immediate relatives of U. S citizens which includes spouses and unmarried minor children under 21 years and parents of U. S citizens. Unlimited number of visas are available every year from any country in the world. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=5pP-VSC-0Y4
F-1 – Unmarried children over 21 years of U. S citizens. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=_bxw06OVoQE
F-2A – Spouse and unmarried minor children under 21 years of Green Card holders. There is quota restriction for visas for each country and hence there is waiting period for visa availability. At present there is no waiting period since July 2017 and visas are immediately available. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=564i-CDjBQc
F-2B – Unmarried children over 21 yeas of Green Card holders. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=WsOvfHV56zs
F-3 – Married children of U. S citizens. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=1SacJMj0HBk
F-4 – Brothers and sisters of U. S citizens. There is quota restriction for visas for each country and hence there is waiting period for visa availability. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=BMLr9A699yI
Steps Involved:
In all of the family based categories a qualified relative either a U. S citizen or Green Card holder must file the immigrant petition with the U. S. Immigration (USCIS), an agency under the Dept. of Homeland Security. Once the petition is submitted the beneficiary will be assigned with a priority date for all preference category visa petitions. They may take any time from 6-12 months to process and approve a petitions provided the petitioner has submitted all documents to support the approval of the petition. If not enough evidence is submitted, the petitioner may receive a Request for Evidence (RFE) with an 84 days time period to submit the required evidence. If the petitioner fails to file the required evidence or or fails to submit the required evidence, the petition may be denied.
If the petition is approved, the same will be notified to National Visa Center (NVC), which is an agency under the Department of State, involves in the processing of immigrant visa and schedules the case for interview at the appropriate Embassy or Consulate. The applicant and family members if any must appear for the interview at the consulate with all original documents and medical report and also must appear for finger print. If approved, the immigrant visa will be issued for 6 months.
K-3 Visa Option:
The USCIS policy is to approve K-3 visa petition for spouses of U. S. citizen, while the I-130 petition for immigrant visa is pending. The policy was enacted when 1-130 petitions were pending more than 2 years for adjudication.
Now, due to lack of funds and personnel, USCIS does not process K-3 petition separately, even though I-130 petitions are taking about 16-18 months for adjudication.
When they adjudicate and approve I-130 petition, they will terminate the K-3 petition, since I-130 is more pending. Hence, there is no sense under present circumstances to file K-3 petition.
Lot of agents misrepresent petitioners and charge additional money for filing K-3 petition by representing that their spouses can be here within 90 days. Of course the original intention of the K-3 petition was to bring spouses within 90 days, but as mentioned above USCIS does not process K-3 petition separately any more.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Employment Based Visas for Green Card
The main employment based visa categories are given below.
EB-1 Visa – EB -1 category is set apart for priority workers who include aliens with extra ordinary ability, outstanding professors and researchers and certain multinational executives and managers. For India, there is no waiting period at present including all other countries. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=N6jiR36tChY
EB-2 Visa – EB-2 category is set apart for aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. For India, there is a waiting period of about 11 years, but for all other countries except China, there is no waiting period. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=N6jiR36tChY
EB-3 Visa – EB -3 category is set apart for Skilled Workers, Professionals and Other Workers. For India, there is a waiting period of about 9 years, but for all other countries except China, there is no waiting period. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=37mrhWOwrMA
EB-4 Visa – EB -4 category is set apart for Ministers, Certain Religious Workers and Special Immigrants. For all countries including India, there is waiting period, some times visas are unavailable also. For religious category namely ministers and religious workers, they must be working for the same denomination in the same position at least for past two years in order to be qualified. This can include also job for the same denomination outside U. S. A. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=LMivFArE9dM
EB-5 Visa – The investor must invest 1.050 million dollars in a targeted employment area (TEA) or $800,000 in a designated TEA by USCIS at risk in a U. S. business first before the U. S employer can file an immigrant petition with the U. S Immigration seeking approval for the investor under the EB-5 category. The initial period of admission will be only for 2 years and is known as conditional residency status. The condition is that the investor must invest the rest of the funds in the business and need to hire 10 U. S citizen or Green Card holder workers (not his immediate relatives) within this 2 year period and should file a petition to remove conditional residency status and to obtain permanent Green Card valid for 10 years. Spouse and unmarried children under 21 may obtain Green Card as derivative beneficiaries. The processing time for both initial petition and the petition to remove conditional residency status varies from 2-5 years now. For India and all other countries, there is no waiting period, but for China there is a waiting period of 5 years. During the processing period of initial petition the investor may not stay and do the business in U. S. A. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=rSGAu6yViXs
Gold Card for 5 million – Proposal
The “Gold Card” remains a proposal, not legislation. No law has been passed to establish it, nor has any executive order or regulation given it legal force. Congress remains in control of immigration law. The President cannot unilaterally repeal or replace the EB-5 visa program—it requires an act of Congress.
What’s Happening Now?
Trump announced the concept in February 2025: a $5 million “Gold Card” that would grant permanent residency (and potentially citizenship) without meeting the EB-5 job creation requirements. There’s been some discussion of a “quiet trial” of the program, and claims of waitlists being formed. But again, none of this carries legal authority
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Non Immigrant Visa Categories
There are nonimmigrant categories like A, B, C, D, E, F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V and its subcategories which allows to visit U. S. A, study here, work here for temporary period of time. The main non immigrant visa categories are given below.
H1-B Visa – H-1B visa is specifically intended for professionally qualified people to work in America in a specialty occupation. A specialty occupation is one which requires a professional bachelors’ degree or its foreign equivalent and the position must require a minimum U. S bachelors degree as minimum qualification for entry level position. Hence not all positions are qualified for H-1B visa including the Nurses. The maximum period of stay and work allowed is 6 years, but initial admission is only for 3 years subject to an extension of stay for another 3 years. Only 65,000 visas under regular quota and 20,000 under U. S. master’s degree quota world wide per year is available. Since there are more than 300,000 petitions filed in the past for the above quota of visas, there is a H-1B lottery registration conducted in the month of March every year and only selected petitioner/ employers will be allowed to file H-1B petitions beginning April 1st of every year. The spouse and unmarried children under 21 years are eligible to apply for dependent visas H-4 along with the H-1B employee. Spouses are not allowed to work, but may work under certain conditions fulfilled, but children are allowed to study in schools and not in colleges full time. They may have to change their status to student status (F-1) in order to study in colleges full time, but some colleges allow them to study in H-4 status also. You may have to check with your college or university. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=I4ilsNQON-0
L-1A/L-2A Visas – L-1 visa is divided to into two sub categories namely L-1A and L-2B. L-1A is fore executives and managerial positions and L-2A for people having specialized knowledge in a particular field. The maximum period allowed is 7 years, but initial admission is only may last from 1-3 years subject to an extension of stay to a maximum of 6 years for L-2B and 7 years for L-1A employees. The spouse and unmarried children under 21 years are eligible to apply for dependent L-2 visas along with the L-1 employee. Spouses allowed to work provided they apply for work permit and children are allowed to study in schools. They may have to change their status to student status (F-1) in order to study in colleges full time and need to check with colleges and universities for their requirements in this connection. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=QwcXPzCyJUc
Visa for Nurses – H-1B visa category is the only nonimmigrant category, in which Nurses may try for nonimmigrant visa to work for temporary period of time here in America. As we mentioned above, the minimum requirement to obtain job in H-1B category is professional U. S bachelor’s degree or its foreign equivalent. Of course bachelor’s degree in Nursing and master’s degree in Nursing from India is recognized as equivalents to bachelors degree and masters degree in Nursing respectively. In order to be qualified for H-1B position, it must require minimum bachelors degree as entry level qualification. As you know, the position ‘Nurse’ does not require minimum bachelor’s degree in nursing to work in America or in any other country. The positions like Nurse Manager, Nurse Anesthetist, Nurse Practitioner etc. positions which require minimum bachelor’s degree or masters degree in nursing may be qualified as specialty occupation for H-1B visa. The main issue may be not that many employers may be willing to hire a nurse from India for this type of position directly unless you find agencies who provide nurses to hospitals or other medical facilities in the above positions. There are about one or two States in America, which requires bachelor’s degree in Nursing as minimum entry level qualification to work as a Nurse. Hence, Nurses may be eligible for H-1B visas in those States. If you are lucky enough to find a Non Profit Organization which runs a hospital or a medical facility and if they require positions mentioned above, there is no quota restriction for H-1B visas to work in such places. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=Li8QTcRx-24
R-1Visa – Religious visa (R-1) for priests and other traditional religious workers to work in religious facilities in America like temples, churches and mosques and other similar religious facilities and organizations. The maximum period of stay and work allowed is 5 years, but initial admission is only for 30 months subject to an extension of stay for another 30 months. The spouse and unmarried children under 21 years are eligible to apply for dependent R-2 visas along with the priest or religious worker. Spouses are not allowed to work, but children are allowed to study in schools. They have to change their status to student status (F-1) in order to study in colleges. Children are not allowed to continue in R-2 status after reaching 21 years of age or married whichever comes first. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=hmVzJNRvUI4
F-1 Student Visa – Student Visa is only for studying America. There are colleges and universities approved by the U. S. Immigration (CBP) to enroll foreign international students. In order to obtain admission in such approved colleges and universities, every person must meet their admission requirements for international students. Most colleges and universities require GRE and some even require TOEFL examination to seek admission. Most colleges and universities may not require TOEFL since the medium of instruction in India if it is in English and you have completed your High School or Bachelor’s degree in English medium. Student visas are issued for the duration of status (D/s) for the period of the course as noted in the I-20. After obtaining the I-20, visa needs to be obtained from the consulate. Once you obtain student visa and enter here, it is valid for Duration of Status (D/S) as long as you enroll and continue to study in school with grade requirement. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=_bxw06OVoQE
K-1 Fiancé Visa – Only U. S citizens are eligible to file fiancé petitions with the U. S. Immigration for approval. Green Card holders are not eligible for fiancé petition filings. The U. S citizen and his or her fiancé must meet in person during the 2 years prior to filing the application for fiancé visa. There are no exemptions for this requirement unless your religious customs prevent the boy and girl from meeting each other. The travel ban due to COVID-19 or unable to obtain leave from your job or unable to obtain visa for travel to the fiancé’s country of living are not grounds for waiver of this requirement. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=XzTfopHiJ68
B1-B-2 Visa -Visitor visa is mainly for visiting America for temporary period of time. The main types of visitor visas are B-1 for visiting for business purpose and B-2 for visiting for pleasure like family, friends and places of attraction. The initial entry will be limited to 6 months and if needed an extension of stay can be obtained for another 6 months subject to a maximum of stay of 1 year in America. Visitor visa entrants should come with a round trip ticket and should have enough visitor visa heath insurance while here. They should maintain their nonimmigrant intention (intention to return to their home country) during the entire time of stay here. Visitor visa persons are no longer allowed to study in colleges and colleges without approval of their change of status application. Under a new rule by Dept. of State, visitor visa persons are no longer allowed to marry and apply for Green Card, obtain admission in schools and colleges and change their status to student status, obtain job and change their status to work visas, if the primary intention of coming to U. S. A. is for engaging in such activities. If anyone enter and engage in such activities especially during 90 days of entry, the presumption is that they have committed misrepresentation and their applications may be denied and may be put in deportation proceedings. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=zQujcuKot1Y
Fast Track Processing of Visas – Since there is huge backlog for scheduling appointments for various nonimmigrant visas, especially after COVID, some agencies are publishing wrong information that they can schedule your interview for nonimmigrant visas at any U. S. Embassy or consulate under fast track processing.
Please understand there is no fast track processing or scheduling of interview for nonimmigrant visa at any U. S. Embassy or consulate in any countries including India.
Any such information is absolutely false and involves misrepresentation and amounts to fraud. Please do not pay any money to such agencies. For accurate information about visa interviews and time for waiting for an interview, please visit the website of the Embassy or Consulate in your country.
New $15,000 Bond for Visitor Visas – Effective August 20, 2025, the U.S. Department of State has launched a 12-month pilot program requiring certain applicants for B-1/B-2 (business and tourist) visas from specific countries to post a refundable bond of $5,000, $10,000, or $15,000, as determined by a consular officer.
Currently, only citizens of Malawi and Zambia are subject to this bond requirement—though additional countries may be added later. The bond is refundable only if the traveler:
Departs the U.S. before their authorized stay expires,
Complies with visa conditions,
Uses designated airports (Boston, JFK, or Dulles) for entry and exit
The Department of State bases country selection on factors such as high overstay rates. India’s B-1/B-2 visa overstay rate is relatively low (around 4%), which is significantly lower than risks associated with Malawi or Zambia.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Latest U. S Immigration News and Consular Interview Updates
Consulates in India are Conducting Limited Visa Interviews:
Effective April 8, 2021, due to rising COVID cases and deaths in India, for the safety and protection of the customers and staff, until further notice the U.S. Consulate General in Mumbai will only provide essential services to U.S. citizens and limited visa services. U.S. Embassy New Delhi and the consulates in Chennai, Hyderabad, and Kolkata continue its operations, on a very limited basis, but will assess local conditions regularly. Should conditions require cancellation of some appointments, the visa applicants will be notified directly by email. The Consulate is unable to speculate on or respond to inquiries regarding potential future cancellations or appointment availability. Applicants not notified of an appointment cancellation should plan to attend their interview appointment on the scheduled date and time.
U.S. Embassy New Delhi and the consulates in Chennai, Hyderabad, and Kolkata continue to accommodate a limited number of regular visa appointments, including student visas.
Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=kNTj-Z41p2E
Section 221(g) Letter Issued by Consulate – Section 221(g) letter is issued by the consular officer, based on the application for visa, petition submitted, documents and evidence the applicant for visa has submitted, and answers given during the interview, if it appears that such person is not eligible to receive the visa. The applicant has one year time to submit the requested documents to the consulate through drop off location.
The language in the section 221(g) letter is little scary, since it says visa is refused. But remember, your application for visa is only refused for the time being and not denied but only refused for the time being until you submit all the requested satisfactory documentary evidence to the consulate. In majority of the cases, you do not need to appear for the interview again, unless required to do so. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=EbYlkDxOaK8
CSPA Eligibility – The Immigration and Nationality Act (INA) defines a child as a person who is both unmarried and under 21 years of age. If someone applies for lawful permanent resident (LPR) status as a child but turns 21 before being approved for LPR status (also known as getting a Green Card), that person can no longer be considered a child for immigration purposes. This situation is commonly referred to as “aging out” and often means that these applicants would have to file a new petition or application, wait even longer time to get a Green Card, or may no longer be eligible for a Green Card.
Congress recognized that many children were aging out due to large USCIS processing backlogs, so it enacted the Child Status Protection Act (CSPA) to protect certain children from aging out. The CSPA went into effect on August 6, 2002. Once the CSPA eligible child files his or her DS 260 and or adjustment of status application or in some cases I-824 his or her age is locked and will not increase for visa issuance purpose. It is very important that you should make sure that all of your eligible children’s names are included in the fee invoice issued by NVC before you begin processing the case. Attorneys with expertise and experience in NVC processing may help you to find out whether your child who turned 21 years is eligible to obtain visa along with you. They can file request with NVC with the necessary CSPA calculations and evidence to add the name of such child and remit the fee and begin processing your case along with all other family members. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=Er90gzw5sCg
National Visa Center (NVC) Processing of Approved Immigrant Visa Petitions for Consular Processing – All immigrant petitions filed and approved by the U. S. Immigration (USCIS) must be processed for immigrant visa through National Visa Center (NVC) an agency under the Dept. of State before the case can be scheduled for interview at the consulate. For immediate relative cases like spouses and unmarried children under 21 years and parents of U. S. Citizens (IR), there is no waiting period for the priority date to become current to schedule for interview since visas are available all the time. But for all other categories, known as preference categories, except F-2A spouses and unmarried minor children under 21 years of Green Card holders, there is waiting period for the priority date to become current before their cases can be scheduled for interview. Prior to scheduling for the interview, the NVC must review all the documents and evidence and affidavit of support and its supporting documents submitted by the petitioner and applicants and need to confirm that the case documentary qualified (DQ) before it can schedule for interview. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=-LdGQ6LOpE4
Expedite Request Criteria for Scheduling Cases for Interview at Consulate – If a visa is available for your relative by the priority date becoming current or your relative is an immediate relative of U. S citizen and if your case involves a life and death medical emergency, processing of your case can be expedited by filing the request with NVC if the case is pending at NVC or with the Consulate if the case is pending at the consulate. This life and death medical emergency can be either for the petitioner and or the applicant for the visa. You need to submit a letter of declaration from the physician or specialist doctor who is attending the petitioner or the applicant and submit the same to National Visa Center (NVC), if your case is still pending at NVC or submit the request with Consulate if your case is pending at Consulate. We also recommend that you may add medical records including lab reports and other scanning reports for review by the NVC or Consulate. The letter from the physician must include his contact information and declare a life or death medical emergency.
The NVC or the Consulate will review your request immediately and if they feel that it is a life and death medical emergency, they will schedule your case for interview immediately. It is very important that applicants are only allowed to make one expedited appointment request. Prior to making the request you must meet all the expedited criteria requirements. If you file false and frivolous information and records for filing expedited request, not only the same will be denied, it may affect the refusal of visa by issuing section 221(g) letter, denial of visa for committing fraud in seeking an immigration benefit. You must consult with attorneys with expertise in consular processing to file request for expedited cases. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=5rF5-8hATqM
Consular Interview for Immigrant Visa at Mumbai – Remember, each case is different and will be reviewed by different consular officers in Mumbai. Only Mumbai consulate conducts immigrant visa interviews since January 2012. Previously, immigrant visa interviews were conducted at U. S Embassy, New Delhi, Consulate in Calcutta and Chennai. In other words, U. S Consulate in Mumbai is the exclusive consulate which conducts immigrant visa interviews for people living in any States in India. Hence, you may not transfer you case from Mumbai to any other consulates in India for the above reason. Simply, because your immigrant petition filed by your petitioner was approved by U. S Immigration (USCIS), simply because the National Visa Center (NVC) accepted and they are documentary qualified (DQ) does not mean that you will be issued with a visa. Please look on the back side of your approval letter (Form I-797) issued by USCIS, which clearly says, this approval does not mean that a visa will be issued, but this approval only allows you to file your application for visa.
The consular officer in each case looks differently the documents you have submitted and if they feel any unusual fact patterns or suspicious documents, or vague answers, they may question you extensively during interview. You should be ready to answer any questions in the simplest way you can with crisp and clear way. Your answers should not be vague, which may prompt more questions by the consular office or your answers may make the consular more suspicious, which may result in issuance of Section 221(g) letter as mentioned above. Please watch our YouTube Channel for more details.
https://www.youtube.com/watch?v=_bhPYcg12ao
USCIS Updates Policy on CSPA Age Calculation
The USCIS has updated the Policy Manual to clarify that a visa becomes available for the purposes of Child Status Protection Act age calculation based on the Final Action Dates chart of the Department of State Visa Bulletin. The new guidance applies to requests filed on or after August 15, 2025. We will apply the Feb. 14, 2023, policy of CSPA age calculation to adjustment of status applications pending with USCIS before August 15, 2025, as these aliens may have relied on that policy when they filed.
This policy update ensures both USCIS and the Department of State use the Final Action Dates chart in the Visa Bulletin to determine when a visa becomes available for the purposes of CSPA age calculation. This establishes a consistent CSPA age calculation for aliens who apply for adjustment of status and immigrant visas. The Feb. 14, 2023, policy resulted in inconsistent treatment of aliens who applied for adjustment of status in the United States versus aliens outside the United States who applied for an immigrant visa with the Department of State.
Generally, an unmarried alien child must be under age 21 to obtain lawful permanent resident status in the United States based on their parent’s approved petition for a family-sponsored, employment-based, or diversity visa. If they turn 21 and age out during the immigration process, they generally are no longer eligible to immigrate based on their parent’s petition. Congress enacted the CSPA to protect certain alien children from losing their eligibility for lawful permanent resident status based on an approved visa petition. The CSPA provides a method to calculate the alien’s age that considers when an immigrant visa number “becomes available.”
If an alien is applying for adjustment of status under a family-sponsored, employment-based preference, or diversity visa, they must seek to acquire lawful permanent residence within one year of when a visa becomes available to benefit from the CSPA age calculation. This update also clarifies that we consider an alien to have satisfied the “sought to acquire” requirement if they demonstrate extraordinary circumstances for failing to seek lawful permanent resident status within one year of when a visa becomes available. If an alien demonstrates extraordinary circumstances for not applying for adjustment of status during the period of the Feb. 14, 2023, policy before August 15,2025, we will calculate CSPA age under the Feb. 14, 2023, policy.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Trump Administration Announces Significant Changes to F-1 Student Visa Rules
The Trump administration has announced significant regulatory changes affecting international students in F-1 nonimmigrant status, representing one of the most substantial revisions to the student visa program in decades. If implemented as announced, the changes will affect how long F-1 students may remain in the United States, post-graduation grace periods, and procedures for maintaining lawful status.
Replacing “Duration of Status” with Fixed Admission Period
For many years, F-1 students were admitted to the United States for “Duration of Status” (D/S), allowing them to remain in the country as long as they maintained valid student status.
Under the new regulations, most F-1 students will instead be admitted for a fixed period corresponding to the length of their academic program, up to a maximum of four years. Students who require additional time to complete their studies or continue authorized employment will generally need to apply to USCIS for an extension before their authorized stay expires.
This change is expected to affect students enrolled in doctoral programs, research-based graduate programs, and others whose studies extend beyond four years.
Grace Period Reduced
The administration has also reduced the post-completion grace period available to F-1 students.
Previously, students generally had 60 days after completing their academic program to depart the United States, transfer schools, begin another educational program, or apply for a change of status.
Under the new rule, the grace period is reduced to 30 days, requiring students to act more quickly after completing their studies.
Increased Oversight of Status Changes
The new regulations also provide for greater oversight of changes involving:
School transfers
Changes in academic programs
Changes in educational levels
Extensions of stay
Students should work closely with their Designated School Officials (DSOs) to ensure continued compliance with immigration requirements.
Enhanced Screening and Vetting
The administration has also implemented enhanced screening measures for F-1 visa applicants, including:
Expanded background investigations
Increased review of social media activity
Additional national security screening
Greater scrutiny of applicants from certain countries
Applicants should expect visa processing to involve more extensive review than in previous years.
International Travel
Immigration practitioners have advised F-1 students to exercise caution when traveling internationally, particularly if they have pending immigration applications or any potential status issues. Reentry inspections are expected to receive greater scrutiny under the new enforcement policies.
Optional Practical Training (OPT)
At present, Optional Practical Training (OPT) and STEM OPT remain available. Although there has been public discussion regarding possible future restrictions, no final rule has eliminated or significantly modified these employment benefits.
Practical Considerations for Students
Current and prospective F-1 students should:
Carefully monitor the expiration date of their authorized stay.
Maintain continuous compliance with all F-1 requirements.
Consult their Designated School Official before making any changes to their academic program.
Seek legal advice when appropriate before international travel or filing immigration applications.
Because these regulations significantly alter long-standing F-1 procedures, students should remain informed of future USCIS guidance and any legal challenges that may affect implementation.
This article is provided for general informational purposes only and does not constitute legal advice. Students with questions regarding their individual circumstances should consult an experienced immigration attorney before making decisions affecting their immigration status.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
DHS Rescinds 2022 Public Charge Rule; New Regulation and new Form I-485 Takes Effect September 18, 2026
The U.S. Department of Homeland Security (DHS) has issued a final rule rescinding the 2022 public charge regulation adopted during the Biden administration, restoring broader discretion to immigration officers in determining whether an applicant is likely to become a public charge. Under the Immigration and Nationality Act (INA), an individual applying for a visa, admission to the United States, or adjustment of status may be found inadmissible if he or she is determined to be likely at any time to become a public charge. According to DHS, the 2022 regulation limited the types of public benefits that U.S. Citizenship and Immigration Services (USCIS) officers could consider when making public charge determinations. The new rule removes those limitations and authorizes USCIS officers to evaluate all relevant factors on a case-by-case basis, consistent with the statutory framework established by Congress. Announcing the rule, USCIS spokesperson Zach Kahler stated: “The Trump administration is upholding the rule of law and protecting American taxpayers from subsidizing aliens who may become dependent on public benefits. USCIS is committed to safeguarding the safety, security, and financial well-being of Americans.” The final rule will become effective on September 18, 2026. As part of the implementation of the new regulation, USCIS will release a revised Form I-485, Application to Register Permanent Residence or Adjust Status. Beginning September 18, 2026, USCIS will reject any previous edition of Form I-485 that is postmarked or electronically filed on or after the effective date. Administration Considering Public Charge Bonds In a separate but related development, the Trump administration has indicated that it is considering the use of public charge bonds of up to $100,000 in certain immigrant visa cases. Under the proposal, applicants who are unable to overcome concerns that they may become a public charge could be required to post a bond as a condition of admission to the United States. The proposal is intended to provide an additional safeguard against immigrants becoming dependent on public assistance while allowing otherwise eligible applicants an opportunity to proceed with the immigration process. The bond could potentially be refunded if the individual complies with the applicable conditions and does not become a public charge. At this time, however, no final rule has been issued implementing a $100,000 public charge bond requirement, and the administration has not announced an effective date or detailed procedures. The proposal remains under consideration, and additional guidance is expected before any such requirement could take effect. What Applicants Should Know Individuals planning to file Form I-485 on or after September 18, 2026, should ensure they use the updated edition of the application form and be prepared for USCIS to conduct a broader review of the public charge ground of inadmissibility based on the totality of the circumstances. Likewise, immigrant visa applicants should continue to demonstrate financial self-sufficiency through appropriate affidavits of support, income, assets, education, employment history, and other relevant evidence, as public charge determinations are expected to receive increased scrutiny under the revised policy. Applicants with pending or prospective immigration cases are encouraged to stay informed of further developments and seek qualified legal advice regarding how these policy changes may affect their eligibility.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel:
(972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Ending Duration of Status (D/S) for F-1 Students:
A National Security Perspective
All nonimmigrants are admitted to the United States for a temporary purpose authorized by the Immigration and Nationality Act. Whether it is an H-1B specialty worker, an L-1 intracompany transferee, a B-2 visitor for pleasure, an R-1 religious worker, or any other nonimmigrant classification, the underlying principle is the same: the admission is temporary and limited to accomplishing the specific purpose for which the visa was granted.
The F-1 student visa is no exception. An F-1 student enters the United States solely to pursue a full course of study at a designated educational institution. The period of admission should therefore be tied to the educational program identified in the student’s Form I-20. Traditionally, the student’s admission has been evidenced by an I-94 showing “Duration of Status” (D/S), allowing the student to remain in the United States as long as he or she maintained valid F-1 status. This could result in a lawful stay extending for many years through degree programs, Optional Practical Training (OPT), STEM OPT extensions, transfers between schools, or changes in educational level.
Under this system, many students could remain in the United States for five, ten, or even fifteen years without ever having to apply for an extension of stay with USCIS. As long as the student remained in compliance with the requirements administered through the Student and Exchange Visitor Information System (SEVIS), there was generally no need for further adjudication by USCIS. Consequently, there were no additional biometric appointments, fingerprint collection, or comprehensive security screenings associated with an extension of stay.
The proposed policy of eliminating “Duration of Status” and instead admitting F-1 students only until the expiration date shown on the Form I-20, together with any authorized period for OPT or STEM OPT, would fundamentally change this process. Students wishing to continue their education beyond that period, begin a new academic program, or change to another nonimmigrant classification would be required to file an application with USCIS for an extension of stay or change of status.
This process would subject applicants to updated biometric collection, fingerprinting, identity verification, criminal history checks, and national security screening before additional time in the United States is authorized. Such periodic review allows the government to determine whether the individual continues to qualify for the requested immigration benefit and whether any intervening criminal, national security, or immigration concerns have arisen since the person’s original admission.
From a national security perspective, proponents argue that this approach brings F-1 students in line with many other nonimmigrant categories. H-1B, L-1, R-1, O-1, TN, and numerous other nonimmigrant classifications generally require USCIS approval for extensions of stay, during which the agency conducts updated background and security reviews. Requiring similar periodic review for long-term F-1 students promotes greater consistency within the immigration system.
Supporters also contend that the policy recognizes the significant changes in the global security environment since the D/S system became commonplace. Individuals who initially entered the United States without any derogatory information may, over time, become the subject of criminal investigations, national security concerns, or immigration violations. Periodic adjudication provides an opportunity for federal agencies to review updated information before authorizing additional periods of stay.
The proposal is also intended to reduce opportunities for abuse. While the overwhelming majority of international students comply with U.S. immigration laws and make valuable academic, scientific, and economic contributions, a system that allows some individuals to remain in the country for many years without direct USCIS review may present vulnerabilities. Requiring applications for continued stay enables the government to verify continued eligibility and identify cases involving fraud, misrepresentation, criminal conduct, or other grounds of inadmissibility or removability.
Critics of the proposal argue that it would increase administrative burdens for students, educational institutions, and USCIS, potentially resulting in higher costs, longer processing times, and uncertainty for legitimate students pursuing lengthy academic programs. Universities have also expressed concerns that additional filing requirements could discourage talented international students from choosing the United States for higher education.
Nevertheless, supporters maintain that national security and public safety are compelling governmental interests. Every sovereign nation has both the authority and the responsibility to determine the conditions under which foreign nationals may enter and remain within its borders. Requiring periodic review of long-term nonimmigrant stays through extensions of stay or changes of status is viewed by proponents as a reasonable mechanism to ensure that those who continue to remain in the United States satisfy all applicable legal requirements and do not pose a threat to the safety and security of the nation.
Ultimately, the debate is not about denying educational opportunities to genuine international students. Rather, it concerns whether periodic governmental review of long-term temporary visitors—including updated biometric collection and security screening—is an appropriate safeguard in an era of evolving national security challenges. Like other nonimmigrant visa holders who seek to extend their authorized stay, F-1 students would simply be required to demonstrate continued eligibility before receiving additional authorization to remain in the United States.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com
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USCIS Alien Registration Requirement:
USCIS Alien Registration Requirement – Important Information for Foreign Nationals in the United States
The U.S. Department of Homeland Security (DHS) has announced important updates regarding the Alien Registration Requirement (ARR). Individuals who are required to register but have not yet done so should carefully review these requirements to ensure compliance with federal immigration law.
Recent DHS Update
On June 29, 2026, DHS published a final rule adopting the earlier Interim Final Rule with additional procedural and technical revisions, including updates to the immigration forms and processes that satisfy the registration requirement.
Foreign nationals who are required to register and have not yet done so may continue to use Form G-325R, Biographic Information (Registration), to comply with the registration requirement.
DHS is also seeking public comments regarding additional proposed changes to the alien registration and fingerprinting regulations. Comments must be submitted on or before August 28, 2026.
Background
On January 20, 2025, President Donald J. Trump issued Executive Order 14159, “Protecting the American People Against Invasion,” directing the Department of Homeland Security to enforce the alien registration provisions contained in Section 262 of the Immigration and Nationality Act (INA) (8 U.S.C. §1302) and to treat violations of the registration requirements as both civil and criminal enforcement priorities.
Who Must Register?
Under the Immigration and Nationality Act, with limited exceptions:
Every foreign national 14 years of age or older who was not previously registered and fingerprinted (if fingerprinting was required) when applying for a U.S. visa and who remains in the United States for 30 days or longer must register and be fingerprinted.
Parents or legal guardians are responsible for registering children under 14 years of age who remain in the United States for 30 days or longer.
Foreign nationals who were registered before reaching age 14 must re-register and be fingerprinted within 30 days after their 14th birthday, unless fingerprinting is waived.
Evidence of Registration
After registration and fingerprinting (when required), DHS will issue evidence of registration.
Every registered foreign national 18 years of age or older is required by law to carry proof of registration in his or her personal possession at all times.
Important Reminder
The registration requirement applies each time a foreign national enters the United States and remains for 30 days or longer. Therefore, eligibility and registration requirements should be reviewed after every entry into the United States.
Consequences of Failure to Register
Failure to comply with the registration requirements may result in:
Civil penalties;
Criminal prosecution for a misdemeanor offense;
Monetary fines; and
Imprisonment, where authorized by law.
Compliance with these requirements is a legal obligation under federal immigration law.
Form G-325R – Biographic Information (Registration)
USCIS created Form G-325R to provide a method for individuals who have never previously registered to comply with the statutory registration requirements.
Many foreign nationals have already satisfied the registration requirement through other immigration processes, including visa applications or other immigration filings. However, individuals who have never previously registered may now use Form G-325R to fulfill this legal obligation.
Registration is not an immigration status. Registration does not:
Grant lawful immigration status;
Authorize employment;
Provide protection from removal;
Create any immigration benefit; or
Confer any other legal right under the Immigration and Nationality Act or any other federal law.
Determining Whether Registration Is Required
DHS has made available an Alien Registration Requirement (ARR) Determination Tool to assist individuals in determining whether they are required to register. Depending on their individual circumstances, eligible individuals may satisfy the registration requirement by filing Form G-325R or through another qualifying immigration process recognized by DHS.
Need Legal Advice?
Whether a foreign national is required to register depends upon his or her individual immigration history and manner of entry into the United States. Individuals should not assume that registration is required—or that it has already been completed—without first reviewing their immigration records.
If you have questions regarding the Alien Registration Requirement or whether you are required to register, please contact the Law Offices of Lal Varghese, PLLC to schedule a consultation. We will be pleased to review your immigration history and advise you regarding your legal obligations under the current DHS regulations.
Lal Varghese, Esq.
Law Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com
Facebook: www.facebook.com/usattorney
https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
USCIS Authority to Deny Petitions/Applications without RFE/NOID
The authority to deny a petition or application without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID) is not a new 2026 policy. Rather, it is a longstanding discretionary authority under the regulations that has been emphasized and modified through USCIS policy guidance over the years.
The current USCIS Policy Manual states that an officer may deny a benefit request without issuing an RFE or NOID if the applicant or petitioner has not established eligibility based on the evidence initially submitted. USCIS retains discretion whether to issue an RFE, a NOID, or deny the case outright.
The policy has evolved as follows:
July 13, 2018: USCIS issued Policy Memorandum PM-602-0163, effective September 11, 2018, restoring adjudicators’ discretion to deny applications and petitions without first issuing an RFE or NOID where the initial filing lacked sufficient evidence to establish eligibility.
June 9, 2021: USCIS rescinded the earlier “no possibility” guidance and adopted a more flexible approach. Officers may issue an RFE or NOID when appropriate, but they also retain discretion to deny without one if the record does not establish eligibility.
Practical impact under the current administration: Although there has not been a new nationwide regulation in 2026 eliminating RFEs or NOIDs, many immigration practitioners have reported that USCIS officers are applying stricter scrutiny to benefit requests, particularly where:
Required initial evidence is omitted;
The statutory eligibility requirements are not established on the face of the filing;
There are credibility concerns or material inconsistencies;
The application involves discretionary relief, such as adjustment of status, waivers, or humanitarian benefits.
In such cases, USCIS may deny the case without giving the applicant an opportunity to supplement the record.
This makes it increasingly important to submit a complete, well-documented filing from the outset rather than relying on the expectation of receiving an RFE.
Family-based cases
For family-based immigration cases, such as Forms I-130 and I-485, USCIS still issues RFEs in many situations—for example, requesting missing civil documents, updated medical examinations, or additional evidence of a bona fide marriage. However, if a filing lacks essential initial evidence or fails to establish statutory eligibility, USCIS may deny it without issuing an RFE or NOID. The safest approach is to make sure that every application may receive only one opportunity for review. Accordingly:
Submit all required initial evidence with the filing. Avoid filing applications that rely on obtaining critical evidence through a future RFE.
Carefully document eligibility, particularly in discretionary cases such as adjustment of status, where both statutory eligibility and favorable discretion must be demonstrated.
This approach minimizes the risk of a summary denial and is consistent with current USCIS adjudication practices.
Please consult with an immigration attorney who is expert in the area for more assistance. This law firm can be reached by:
Lal Varghese, Esq.
Law Offices of Lal Varghese, PLLC
1111 Kinwest Parkway, Suite 120
Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com
Facebook: www.facebook.com/usattorney
https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ
Executive Order Ending Birth Tourism
Executive Order Dated August 6, 2026
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:
Section 1. Purpose. United States citizenship is among the greatest inheritances the Nation can bestow. It embodies a sacred bond between the American people and the Nation in which they live, and carries profound rights, privileges, and responsibilities reflective of the enduring allegiance of citizens to the United States and our Constitution. Citizenship is not a commodity to be acquired through calculated exploitation and evasion of the immigration laws, such as by entering the United States on a nonimmigrant visa for the purpose of giving birth within the Nation’s borders.
Birth tourism operators use deceptive advertisements and inducements to entice foreign nationals to travel to the United States for the purpose of giving birth on American soil. They promise citizenship; access to public benefits; and short-term stays in specialized facilities, hotels, or rentals, but often fail to deliver on these promises. These operators coach their clients to misrepresent the purpose and duration of their travel to consular and border officials to obtain visas authorizing entry into the United States. Failure to appropriately combat these schemes has resulted in thriving industries around the world that profit by enabling the evasion of American immigration laws to obtain citizenship and other immigration benefits for foreign visitors, and the exploitation of the women who travel here for purposes of giving birth.
The immigration laws of the United States establish discrete categories of temporary nonimmigrant visas to allow foreign visitors into the United States for study, exchange, temporary employment, tourism, and other transitory activities that are now exploited by birth tourism operators. Participants in birth tourism schemes abuse these categories to establish a permanent foothold in the United States by securing the advantage of citizenship for their children and then potentially for themselves.
Birth tourism, defined in section 3 of this order, undermines the integrity of the Nation’s immigration system by enabling foreign nationals to exploit their temporary admission to obtain permanent immigration-related benefits. Birth tourism also diverts limited consular inspection and enforcement resources away from legitimate visa applicants, erodes public confidence in the faithful enforcement of the immigration laws, and impairs the executive branch’s ability to protect the national security.
The United States has a compelling interest in ensuring that each visa category is used only for the purpose for which it was established. Foreign nationals seeking temporary admission into the United States must adhere to the purposes for which the Congress has authorized their temporary admission, and cannot be permitted to circumvent the immigration laws in an attempt to vest themselves and their children with lasting benefits that are irreconcilable with their nonimmigrant status.
It is therefore the policy of the United States to promote the integrity of its immigration system, to ensure that nonimmigrant visa classifications are used only for their lawful and intended purposes, and to prevent the exploitation of those classifications by persons engaging in birth tourism.
Sec. 2. Authorities. Pursuant to section 301 of title 3, United States Code, the authority granted to the President under section 215(a) of the Immigration and Nationality Act, 8 U.S.C. 1185(a), is hereby delegated to the Secretary of State and the Secretary of Homeland Security to the extent necessary to implement this order, including the authority to issue or adopt rules, policies, operational guidance, or other guidance to carry out this order.
Sec. 3. Definition. For purposes of this order, “birth tourism” is defined as:
(a) the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil; or
(b) any effort by any foreign national to facilitate the entry of any foreign national into the United States via a nonimmigrant visa for the purpose of giving birth on American soil.
Sec. 4. Scope and Implementation. (a) The Secretary of State and the Secretary of Homeland Security shall take such actions and update any rules, policies, operational guidance, or other guidance as necessary to effectuate the policy set forth in this order. Such actions may include, within the Secretaries’ respective discretion and authority, appropriate action to prevent the entry into the United States of, or the granting of any visa or other travel authorization to, any alien entering or attempting to enter the United States for the purpose of engaging in birth tourism; revoking the visa or travel authorization and permanently barring entry of any alien who enters or attempts to enter the United States for the purpose of engaging in birth tourism; denial of entry to, or removal of, any alien who previously engaged or plans to engage in birth tourism; or other appropriate action against entities, organizations, or individuals, within or outside of the United States, responsible for facilitating or enabling birth tourism in any manner.
(b) All other relevant executive departments and agencies shall provide such records and information as are necessary for the Secretary of State and the Secretary of Homeland Security to implement the terms of this order and the rules, policies, operational guidance, or other guidance issued pursuant to it, subject to applicable law.
Sec. 5. Exemptions. Notwithstanding the restrictions imposed by this order, the Secretary of State or the Secretary of Homeland Security may exempt a foreign national from actions taken pursuant to this order on humanitarian grounds or when the foreign national’s entry is in the national interest, as determined by the Secretary of State or the Secretary of Homeland Security.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) If any provision of this order, or the application of any provision to any person or circumstances, is held to be invalid, the remainder of this order and the application of any of its other provisions to any other persons or circumstances shall not be affected thereby.
(e) The costs for publication of this order shall be borne by the Department of Homeland Security.
Lal Varghese, Esq. Law Offices of Lal Varghese, PLLC 1111 Kinwest Parkway, Suite 120 Irving, Dallas, TX 75063
Tel: (972) 788-0777 (Main)
(972) 788-1555 (Direct)
E-Mail: attylal@aol.com
WhatsApp Business Phone: +19725561109
Web site: https://attorneylalvarghese.com Facebook: www.facebook.com/usattorney https://www.youtube.com/channel/UCV2cnClmkYG_u4O-42bHtFQ