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As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly referred to as the “Deference Policy,” had been in place since April 2004. The policy instructed USCIS officers to give deference to prior employment visa determinations when adjudicating visa extension requests involving the same parties and facts unless there was a material error, material change in circumstances or new material information that adversely impacts the eligibility of the petitioner, applicant, or beneficiary of a sought-after visa extension petition.
Direct Travel Ban Due to COVID-19
Beginning on May 4, 2021, at 12:01 AM ET, all nonimmigrants traveling from India are banned from entering the United States, unless they already have a valid visa stamp in their passport and have been outside of India for more than 14 days before traveling to the United States. (
See the White House proclamation released on April 30, 2021, available here.)
This travel ban does not apply to U.S. citizens or U.S. permanent residents (
i.e., green card holders). This ban also does not apply to nonimmigrants (
i.e., H, L, E, O visa holders) attempting to travel out of India to the United States, if they fall within any of the following categories:
President Biden Adds India to List of Countries Subject to
Direct Travel Ban Due to COVID-19
Beginning on May 4, 2021, at 12:01 AM ET, all nonimmigrants traveling from India will be banned from entering the United States, unless they already have a valid visa stamp in their passport and have been outside of India for more than 14 days before traveling to the United States. (
See the White House proclamation released on April 30, 2021, available here.)
This travel ban does not apply to U.S. citizens or U.S. permanent residents (
i.e., green card holders). This ban also does not apply to nonimmigrants (
Just when you thought President Biden’s border crisis couldn’t get any worse, the Administration proves that it can. On NBC’s TODAY, journalist Craig Melvin pointed out to President Biden:
In April alone, 170,000 people – migrants – apprehended at the border. It’s a 20-year record. There are 22,000 unaccompanied children in our country right now. That’s a record. That sounds to most folks like a crisis.
President Biden is not the only one ignoring the humanitarian nightmare at our border. Vice President Harris was tasked with solving this crisis and yet she refuses to even go to the scene. Instead of calling it what it is which is a humanitarian crisis, she is now politicizing the situation at the border blaming it on a “climate” crisis. VP Harris said:
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US Citizenship & Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual instructing
officers to give deference to prior determinations when
adjudicating extension requests involving the same parties and
facts unless there was a material error, material change, or new
material facts. With this update, USCIS is reverting in
substance to prior long-standing guidance issued in 2004, which directed
officers to generally defer to prior determinations of eligibility
when adjudicating extension requests involving the same parties and
facts as the initial petition or application. In 2017, USCIS rescinded the 2004 guidance that had imposed a