January 25, 2017 Executive Order: Border Security and Immigration Enforcement

fickeymartinez • January 27, 2017

Immigration is strongly guided by the President. This Executive Order below will mold a new kind of immigration law and policy for the 2017-to-2021 (or longer) presidential term. See below:

 

Executive Order: Border Security and Immigration Enforcement Improvements

EXECUTIVE ORDER

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BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Immigration and Nationality Act (8 U.S.C. 1101 et seq.) (INA), the Secure Fence Act of 2006 (Public Law 109 367) (Secure Fence Act), and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104 208 Div. C) (IIRIRA), and in order to ensure the safety and territorial integrity of the United States as well as to ensure that the Nation’s immigration laws are faithfully executed, I hereby order as follows:

Section 1.  Purpose.  Border security is critically important to the national security of the United States.  Aliens who illegally enter the United States without inspection or admission present a significant threat to national security and public safety.  Such aliens have not been identified or inspected by Federal immigration officers to determine their admissibility to the United States.  The recent surge of illegal immigration at the southern border with Mexico has placed a significant strain on Federal resources and overwhelmed agencies charged with border security and immigration enforcement, as well as the local communities into which many of the aliens are placed.

Transnational criminal organizations operate sophisticated drug- and human-trafficking networks and smuggling operations on both sides of the southern border, contributing to a significant increase in violent crime and United States deaths from dangerous drugs.  Among those who illegally enter are those who seek to harm Americans through acts of terror or criminal conduct.  Continued illegal immigration presents a clear and present danger to the interests of the United States.

Federal immigration law both imposes the responsibility and provides the means for the Federal Government, in cooperation with border States, to secure the Nation’s southern border.  Although Federal immigration law provides a robust framework for Federal-State partnership in enforcing our immigration laws    and the Congress has authorized and provided appropriations to secure our borders    the Federal Government has failed to discharge this basic sovereign responsibility.  The purpose of this order is to direct executive departments and agencies (agencies) to deploy all lawful means to secure the Nation’s southern border, to prevent further illegal immigration into the United States, and to repatriate illegal aliens swiftly, consistently, and humanely.

Sec. 2.  Policy.  It is the policy of the executive branch to:

(a)  secure the southern border of the United States through the immediate construction of a physical wall on the southern border, monitored and supported by adequate personnel so as to prevent illegal immigration, drug and human trafficking, and acts of terrorism;

(b)  detain individuals apprehended on suspicion of violating Federal or State law, including Federal immigration law, pending further proceedings regarding those violations;

(c)  expedite determinations of apprehended individuals’ claims of eligibility to remain in the United States;

(d)  remove promptly those individuals whose legal claims to remain in the United States have been lawfully rejected, after any appropriate civil or criminal sanctions have been imposed; and

(e)  cooperate fully with States and local law enforcement in enacting Federal-State partnerships to enforce Federal immigration priorities, as well as State monitoring and detention programs that are consistent with Federal law and do not undermine Federal immigration priorities.

Sec. 3.  Definitions.  (a)  “Asylum officer” has the meaning given the term in section 235(b)(1)(E) of the INA (8 U.S.C. 1225(b)(1)).

(b)  “Southern border” shall mean the contiguous land border between the United States and Mexico, including all points of entry.

(c)  “Border States” shall mean the States of the United States immediately adjacent to the contiguous land border between the United States and Mexico.

(d)  Except as otherwise noted, “the Secretary” shall refer to the Secretary of Homeland Security.

(e)  “Wall” shall mean a contiguous, physical wall or other similarly secure, contiguous, and impassable physical barrier.

(f)  “Executive department” shall have the meaning given in section 101 of title 5, United States Code.

(g)  “Regulations” shall mean any and all Federal rules, regulations, and directives lawfully promulgated by agencies.

(h)  “Operational control” shall mean the prevention of all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband.

Sec. 4.  Physical Security of the Southern Border of the United States.  The Secretary shall immediately take the following steps to obtain complete operational control, as determined by the Secretary, of the southern border:

(a)  In accordance with existing law, including the Secure Fence Act and IIRIRA, take all appropriate steps to immediately plan, design, and construct a physical wall along the southern border, using appropriate materials and technology to most effectively achieve complete operational control of the southern border;

(b)  Identify and, to the extent permitted by law, allocate all sources of Federal funds for the planning, designing, and constructing of a physical wall along the southern border;

(c)  Project and develop long-term funding requirements for the wall, including preparing Congressional budget requests for the current and upcoming fiscal years; and

(d)  Produce a comprehensive study of the security of the southern border, to be completed within 180 days of this order, that shall include the current state of southern border security, all geophysical and topographical aspects of the southern border, the availability of Federal and State resources necessary to achieve complete operational control of the southern border, and a strategy to obtain and maintain complete operational control of the southern border.

Sec. 5.  Detention Facilities.  (a)  The Secretary shall take all appropriate action and allocate all legally available resources to immediately construct, operate, control, or establish contracts to construct, operate, or control facilities to detain aliens at or near the land border with Mexico.

(b)  The Secretary shall take all appropriate action and allocate all legally available resources to immediately assign asylum officers to immigration detention facilities for the purpose of accepting asylum referrals and conducting credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1225(b)(1)) and applicable regulations and reasonable fear determinations pursuant to applicable regulations.

(c)  The Attorney General shall take all appropriate action and allocate all legally available resources to immediately assign immigration judges to immigration detention facilities operated or controlled by the Secretary, or operated or controlled pursuant to contract by the Secretary, for the purpose of conducting proceedings authorized under title 8, chapter 12, subchapter II, United States Code.

Sec. 6.  Detention for Illegal Entry.  The Secretary shall immediately take all appropriate actions to ensure the detention of aliens apprehended for violations of immigration law pending the outcome of their removal proceedings or their removal from the country to the extent permitted by law.  The Secretary shall issue new policy guidance to all Department of Homeland Security personnel regarding the appropriate and consistent use of lawful detention authority under the INA, including the termination of the practice commonly known as “catch and release,” whereby aliens are routinely released in the United States shortly after their apprehension for violations of immigration law.

Sec. 7.  Return to Territory.  The Secretary shall take appropriate action, consistent with the requirements of section 1232 of title 8, United States Code, to ensure that aliens described in section 235(b)(2)(C) of the INA (8 U.S.C. 1225(b)(2)(C)) are returned to the territory from which they came pending a formal removal proceeding.

Sec. 8.  Additional Border Patrol Agents.  Subject to available appropriations, the Secretary, through the Commissioner of U.S. Customs and Border Protection, shall take all appropriate action to hire 5,000 additional Border Patrol agents, and all appropriate action to ensure that such agents enter on duty and are assigned to duty stations as soon as is practicable.

Sec. 9.  Foreign Aid Reporting Requirements.  The head of each executive department and agency shall identify and quantify all sources of direct and indirect Federal aid or assistance to the Government of Mexico on an annual basis over the past five years, including all bilateral and multilateral development aid, economic assistance, humanitarian aid, and military aid.  Within 30 days of the date of this order, the head of each executive department and agency shall submit this information to the Secretary of State.  Within 60 days of the date of this order, the Secretary shall submit to the President a consolidated report reflecting the levels of such aid and assistance that has been provided annually, over each of the past five years.

Sec. 10.  Federal-State Agreements.  It is the policy of the executive branch to empower State and local law enforcement agencies across the country to perform the functions of an immigration officer in the interior of the United States to the maximum extent permitted by law.

(a)  In furtherance of this policy, the Secretary shall immediately take appropriate action to engage with the Governors of the States, as well as local officials, for the purpose of preparing to enter into agreements under section 287(g) of the INA (8 U.S.C. 1357(g)).

(b)  To the extent permitted by law, and with the consent of State or local officials, as appropriate, the Secretary shall take appropriate action, through agreements under section 287(g) of the INA, or otherwise, to authorize State and local law enforcement officials, as the Secretary determines are qualified and appropriate, to perform the functions of immigration officers in relation to the investigation, apprehension, or detention of aliens in the United States under the direction and the supervision of the Secretary.  Such authorization shall be in addition to, rather than in place of, Federal performance of these duties.

(c)  To the extent permitted by law, the Secretary may structure each agreement under section 287(g) of the INA in the manner that provides the most effective model for enforcing Federal immigration laws and obtaining operational control over the border for that jurisdiction.

Sec. 11.  Parole, Asylum, and Removal.  It is the policy of the executive branch to end the abuse of parole and asylum provisions currently used to prevent the lawful removal of removable aliens.

(a)  The Secretary shall immediately take all appropriate action to ensure that the parole and asylum provisions of Federal immigration law are not illegally exploited to prevent the removal of otherwise removable aliens.

(b)  The Secretary shall take all appropriate action, including by promulgating any appropriate regulations, to ensure that asylum referrals and credible fear determinations pursuant to section 235(b)(1) of the INA (8 U.S.C. 1125(b)(1)) and 8 CFR 208.30, and reasonable fear determinations pursuant to 8 CFR 208.31, are conducted in a manner consistent with the plain language of those provisions.

(c)  Pursuant to section 235(b)(1)(A)(iii)(I) of the INA, the Secretary shall take appropriate action to apply, in his sole and unreviewable discretion, the provisions of section 235(b)(1)(A)(i) and (ii) of the INA to the aliens designated under section 235(b)(1)(A)(iii)(II).

(d)  The Secretary shall take appropriate action to ensure that parole authority under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances only when an individual demonstrates urgent humanitarian reasons or a significant public benefit derived from such parole.

(e)  The Secretary shall take appropriate action to require that all Department of Homeland Security personnel are properly trained on the proper application of section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)), to ensure that unaccompanied alien children are properly processed, receive appropriate care and placement while in the custody of the Department of Homeland Security, and, when appropriate, are safely repatriated in accordance with law.

Sec. 12.  Authorization to Enter Federal Lands.  The Secretary, in conjunction with the Secretary of the Interior and any other heads of agencies as necessary, shall take all appropriate action to:

(a)  permit all officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to have access to all Federal lands as necessary and appropriate to implement this order; and

(b)  enable those officers and employees of the United States, as well as all State and local officers as authorized by the Secretary, to perform such actions on Federal lands as the Secretary deems necessary and appropriate to implement this order.

Sec. 13.  Priority Enforcement.  The Attorney General shall take all appropriate steps to establish prosecution guidelines and allocate appropriate resources to ensure that Federal prosecutors accord a high priority to prosecutions of offenses having a nexus to the southern border.

Sec. 14.  Government Transparency.  The Secretary shall, on a monthly basis and in a publicly available way, report statistical data on aliens apprehended at or near the southern border using a uniform method of reporting by all Department of Homeland Security components, in a format that is easily understandable by the public.

Sec. 15.  Reporting.  Except as otherwise provided in this order, the Secretary, within 90 days of the date of this order, and the Attorney General, within 180 days, shall each submit to the President a report on the progress of the directives contained in this order.

Sec. 16.  Hiring.  The Office of Personnel Management shall take appropriate action as may be necessary to facilitate hiring personnel to implement this order.

Sec. 17.  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.

DONALD J. TRUMP

THE WHITE HOUSE,
January 25, 2017.

Source:  https://www.whitehouse.gov/the-press-office/2017/01/25/executive-order-border-security-and-immigration-enforcement-improvements

How to prove a relationship to a Filipina for US Immigration Purposes (I-130 and I-129F)

By Franchesco Fickey Martinez • September 9, 2025
How to prove a relationship is real for purposes of the I-130 or I-129F Petition? This blog post will provide a few ideas on what USCIS is looking for in a petition filing. 

Philippine J1 Spouse and Military DA: An Unexplored Option

By Franchesco Fickey Martinez • August 14, 2025
The J1 Visitor Exchange visa program has a high number of Philippine Citizens, with the Philippines ranking in the Top 20 countries in the fields of J1 Teachers, J1 Intern of Hotel and Hospitality Management, and J1 Trainees. The Philippines is also one of a few countries that no longer aims to provide a J1 Waiver through the No Objection Statement Waiver process (a waiver option that was very accessible until the 2020 Moratorium and 2021 Philippine EVP Policy Change). As a result, many Philippine J1 Exchange Visitors (that were/are subject to the 212e Special Skills List) have to pursue either: a visa option back in the Philippines (after waiting 2 years) or an I-612 Exceptional Hardship (based on the hardship of a US Citizen or Lawful Permanent Resident Spouse or Child). This article will cover an "uncommon" intersection where a J1 may pursue Military Deferred Action (while the J1 waits for the 2+ year Hardship Waiver to be approved). Obvious Requirement: The J1 must either be married to or be the parent of a US Citizen that is in the US Military as an: Active Duty Reservist Veteran If this relationship requirement is met, then the J1 must meet a few other criteria: Overstay a J Visa (to qualify for Military DA, the J1 either intentionally or unintentionally must become "Out of Status.") Not be in another status in the US, such as a tourist or Green Card applicant Service Member must have served honorably or continue to serve honorably J Visa Holder MUST have a game plan on what comes next (after the Military DA) Our office is discussing this topic as it is commonly overlooked by BaseLegal or other immigration law firms. Military DA can work simultaneously with a J1 Waiver process. Military DA can help keep a J Visa Holder safe from deportation and may even permit Employment Authorization, a Driver's License, and Health Insurance (common necessities for J Visa Holders when a J Visa expires). Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Child of a US Citizen: eCRBA Process in the Philippines

By Franchesco Fickey Martinez • August 12, 2025
Congratulations on the birth of a US Citizen abroad! The Philippines is a very special place, from the good food to the welcoming culture. A baby or child of a US Citizen will also be a US Citizen (recognized) once the US Recognition Paperwork is completed. This applies applies to situations where: Both parents are US Citizens and the child was just born abroad during foreign travel Where one parent is a Philippine Citizen or Foreign National and the child was born abroad Where the child was born to a Philippine Citizen through Assisted Reproductive Technology to a Surrogate. The legal process is called: Consular Report of Birth Abroad (CRBA); or Electronic Consular Report of Birth Abroad (eCRBA) In the Philippines, parents have two location options in which to "report" the birth of the US Citizen: (1) US Embassy in Manila and (2) US Consulate in Cebu. Both locations in the Philippines utilize the new eCRBA system, which uses an online encrypted portal (MyTravelGov) to complete the reporting application, upload supporting documentation, and pay the Interview Scheduling Fee. How much does it cost? The CRBA costs $100; however, it is important to also consider the US Passport fee is currently (in 2025) $135. What documentation is required? Child's PSA Birth Certificate (NSO and LCR versions are NOT accepted) Two passport-styled photos of the child US Citizen's proof of US Citizenship, such as: US Birth Certificate, US Naturalization Certificate, US CRBA Certificate, and/or US Passport. Two forms of ID for the US Citizen parent(s) Legitimation documentation, such as a marriage or divorce certificate Proof of the US Citizen's physical presence in the United States BEFORE the child's birth (the specific amount of proof can differ depending on the situation). Child born in wedlock to U.S. citizen father and one non-U.S. citizen parent on or after November 14, 1986: U.S. citizen parent, prior to the birth of the applicant/child, had been physically present in the United States for five (5) years, at least two (2) of which were after the age of fourteen. Child born out of wedlock to one U.S. citizen parent and one non-U.S. citizen parent on or after November 14, 1986: U.S. citizen parent, prior to the birth of the applicant/child, had been physically present in the United States for five (5) years, at least two (2) of which were after the age of fourteen. Child born to two U.S. citizen parents who are married at the time of birth: one of the parents had been a resident in the United States prior to the applicant/child’s birth. Child born out of wedlock to U.S. citizen mother on or before June 11, 2017: the U.S. citizen mother must have been physically present in the United States for a continuous period of at least one year (365 days) prior to the birth of the child. Child born out of wedlock to U.S. citizen mother on or after June 12, 2017: the U.S. citizen mother must have been physically present in the United States for five (5) years prior to the birth, at least two (2) of which were after the age of fourteen. Evidence of mother's pregnancy (such as ultrasound reports with sonograms, pregnancy photos, and prenatal/medical records). For an child born via Assisted Reproductive Technology (ART), submit complete medical records documenting the procedure. Evidence of both parents' physical presence in the same location at the time of conception (proof can take the form of passports with country entry and exit stamps, Bureau of Immigration arrival and departure records, travel orders, and plane tickets/boarding passes). Evidence of parents' relationship before pregnancy, which can take the form of photos, social media, emails, and chat messages). Sequential or "growing up" photos of the child preferably with parents. Photos should span from the child’s birth to the present. How to schedule the eCRBA Appointment? Manila: Send an email request to ManilaCRBAappt@state.gov, or complete the online form: https://evisaforms.state.gov/acs/default.asp?postcode=MNL&appcode=1 Cebu: https://evisaforms.state.gov/acs/default.asp?postcode=MN2&appcode=1 Here are some of our other Philippine Related Content: https://www.fickeymartinezlaw.com/immigration/consular-processing/us-citizens-guide-to-marrying-in-the-philippines-and-immigrating-a-philippine-filipina-spouse-to-the-united-states https://www.fickeymartinezlaw.com/immigration/k-1-fiance-visa/us-citizens-guide-to-the-fiance-visa-process-in-manila-philippines https://www.fickeymartinezlaw.com/immigration-topic-philippine-fiance-or-spouse-living-outside-of-the-philippines-and-how-to-immigrate-to-the-us If you require assistance with the Philippine Fiance, Spousal Visa process, or Philippine CRBA process, please consider contacting our office to set up a consultation with our Immigration Attorney.

Immigration Topic: Philippine Fiance or Spouse living outside of the Philippines and how to Immigrate to the US

By Franchesco Fickey Martinez • July 17, 2025
Philippine Citizens frequently work abroad. The common term or title is OFW or Overseas Filipino Worker. Filipinos frequently find employment in the following countries: Saudi Arabia (23% of all OFWs) United Arab Emirates (13% of all OFWs) Kuwait (7% of all OFWs) Hong Kong (6% of all OFWs) Qatar (5% of all OFWs) Singapore (5% of all OFWs) Japan (3% of all OFWs) South Korea (1% of all OFWs) Nearly 1.83 million OFWs are working around the world, according to the PSA, Philippine Statistics Authority. The tendency to work in the Middle East or Asia is common, and since the Philippine Citizen usually knows English, there is a common trend to meet and date English Speaking individuals while abroad, such as US Citizen traveling or working abroad in those foreign countries. This article could be titled: How to Immigrate my Filipina Wife in Saudi Arabia to the US How to Immigrate my Filipina Wife in United Arab Emirates to the US How to Immigrate my Filipina Wife in Kuwait to the US At least, based on percentages. However, this article will cover common questions, required documents, and timelines for both a Fiance and Spouse of a US Citizen.

Is Military Parole in Place (PIP or MPIP) available in 2025?

By Franchesco Fickey Martinez • July 11, 2025
This is a very common question in the current administration expressed by service members and veteran's alike that need immigration assistance in starting the legal process of making a Spouse, Parent, or Child legal in the US. The question our office hears on a weekly basis: Is Military Parole in Place still available in 2025? Are MPIP I-131 filings being approved in 2025? Does USCIS still accept Parole-in-Place filings in 2025? The question can be asked a few different ways. The answer is the same: Yes. Military PIP is still available for spouses, parents, children, and step-children of service members (both active and reserve) and veterans who served honorably. There is heightened scrutiny with most immigration filings in 2025, meaning background checks may take longer, discrepancies in past immigration filings and public records are being discovered by USCIS, and USCIS is more critical on past criminal records. However, it is still available! Our law Firm's experience and costs for Military PIP can be found here: https://www.fickeymartinezlaw.com/practice-areas/military-parole-in-place More Parole In Place (PIP) Blog Posts: Our Law Firm has written numerous blog posts to aid in the Immigration Process. Our Blogs relating to the Military Parole in Place Process have received substantial attention across the nation as many Service Members and their Families consider pursuing this Immigration Process. Some of our popular blog posts are listed below: Parole in Place: Immigration Option For An Illegal Spouse, Child, Or Parent Of A Military Member Military Parole in Place: Eligibility Affidavit Preparing for the Parole In Place PIP Interview Can you be approved for PIP, but denied a Green Card? Permanent Bar for Two or More Illegal Entries – INA 212(a)(9)(C)(i) Military Deferred Action: A Parole in Place (PIP) Alternative Can a Military PIP Recipient receive a Social Security Card? DEERS Office and the need for Apostille / Legalized Foreign Documents

Can I file Military PIP along with an I-130 Petition?

By Franchesco Fickey Martinez • July 10, 2025
This article will cover the common question our office receives: Can I file Military PIP along with an I-130 Petition? In short: Generally, yes! Military PIP can be filed simultaneously with an I-130 Petition, if the following are true: If filing Military PIP for a parent, the child/service member/veteran is 21 years of age or OLDER, AND a US Citizen. If the service member is currently in the process of naturalizing, then MUST wait to become a US Citizen before starting the I-130 Petition. If filing Military PIP for a child, the parent/service member/veteran needs to show proof of being a legal or biological parent. For fathers, a DA test is extremely helpful, if related by blood. If a step-parent/step-child relationship is present, 100% of the focus is on the marriage, dates of the marriage, and status of the other parent/spouse. If filing Military PIP for a spouse, any and all PAST MARRIAGES must be legally ended, and proof readily available BEFORE you marry and before you start an I-130 Petition. Similar Topic: can you file the I-485 AOS along with the I-130 Petition and Military PIP? 100% No. We have seen countless denials of individuals being advised to do such a filing arrangement, but the end result is almost always: denial of the I-485. A denied I-485 normally leads to deportation court. Why can you file the I-130 with the Military PIP, but not with the I-485? The I-130 does NOT require a legal entry or parole PRIOR to starting the filing. The I-485 requires a legal entry or parole PRIOR to filing as a matter of eligibility. Anyone who entered the US Illegally, is normally required to pursue Consular Processing/the DS-260 Immigration process, versus the I-485 Adjustment of Status process within the US. The Name of the I-485: Adjustment of Status , means you MUST have a status to "adjust from." If you have no status, you are not eligible. Military PIP creates a temporary status and lawful entry, from which an immigrant can adjust from. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

VA Benefits and the common I-864 RFE

By Franchesco Fickey Martinez • July 10, 2025
For starters, VA Permanent Disability is a form of tax-free income that is accepted by the USCIS Form I-864. This article will cover common issues, RFEs, and tips on how to show USCIS VA Disability Income COUNTS!!! Now, if you are stumbling upon this article, a one of a few possibilities has occurred: USCIS issued an RFE with the I-485 stating that they could not determine I-864 eligibility, based on the petitioner's adjusted gross income USCIS issued an RFE because there haven't been Taxes, W-2 or 1099, or paychecks within the past 3 years USCIS may be requiring a co-sponsor to the I-864 NVC may have stated that a co-sponsor is required, but that the decision will occur at the Consulate or Embassy In a nutshell, the I-864 "evaluates" financial stability to overcome poverty by reviewing a petitioner's (1) current estimated income, against (2) AGI/adjusted gross income of the most recent tax year. For VA Disabled Veterans, the VA Disability may be all or part of their income. Some veterans have part-time or full time jobs after military service, but they can generally overcome the I-864 with the W-2 Employment/paychecks. This article will cover the veterans whose TAXABLE income usually falls under $27k a year for a household of 2, $34k a year for a household of 3, and $41k for a household of 4. How to prove VA Disability? VA Benefit and Disability Information Letter, located on the VA Ebenefits Website ( Link found here ) DD-214 Past 12 months of Bank Statements from the Account that receives the Direct Deposits Print out from the VA Account Payment History VA ID Card What to do if USCIS issues an RFE? If the Petitioner/Sponsor's income is mainly from VA Permanent Disability, then the above 5 items can be provided to USCIS in a response. However, two more item is required. First, a clear letter must be drafted to state: Your income is TAX FREE, which is why it doesn't appear in the Federal AGI The Monthly and Annual VA Disability Amount (do the math so USCIS doesn't have to) Confirm/Compare your household size and VA Disability income EXCEEDS the minimum requirement as stated on the I-864P (https://www.uscis.gov/i-864p) Second, re-provide and possibly update the I-864 Form previously submitted. How to respond to USCIS RFEs? If you have online USCIS access to the RFE, then 100% upload the RFE Response to the USCIS System, as that automatically records the response in the USCIS System, making its processing and the overall immigration process more efficient. If you DO NOT have online USCIS access, then follow the instructions stated on the RFE Notice. The final page usually have the location where to mail the response to. What if I have further questions? You can contact our Immigration Law Firm to speak with our staff or to set up a consultation with our immigration attorney. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Lebanon J1 NOS Waiver Summary

By Franchesco Fickey Martinez • July 3, 2025
The J1 Waiver Process can be somewhat confusing. This article will summarize the process, and mention a few items that may cause issues. First, the J1 Waiver Process can be broken into 3 main parts: DS-3035, a waiver request filing with the Department of State Waiver Review Division No Objection Statement (NOS) Request from the foreign government I-612 Processing from USCIS Second, the MOST important part of the waiver is the "Foreign Government's involvement" Why? If the foreign government OBJECTS, the waiver will 100% fail. What does the Government of Lebanon Require? Mailing 1 packet/request to the Lebanon Embassy in the DC, address is as follows: Embassy of Lebanon, Attention: NOL Department, 2560 28th St. NW, Washington, DC 20008. The Packet MUST contain: $125 money order payable to the: Embassy of Lebanon. 2 addressed stamped envelopes: One envelope is a return envelope to the requestor or their attorney One envelope is for a physical copy of the No Objection Statement to be mailed to the DOS: Waiver Review Division, US Department of State, CA/VO/DO/W, SA-17, 11th Floor ,Washington, DC 20522-1711 [Note: in 2024, the DOS mainly recieves the NOS by email from the foreign embassy. The email is an instant transfer, whereas the mailed notice used to take weeks or months to process at the DOS] A Cover Letter for the Embassy to include: Reason for the request Contact information Exact date of arrival on the J-1 Visa and the port of entry Residential Address History in the United States Statement from you explaining whether your education or J Program in the United States is governmentally or privately financed Confirmation that relevant documentation and payment are enclosed DS-3035 Third-party Barcode Page (The Embassy of Lebanon would be the 3rd party in the DS-3035 Process) Either: A copy of the J1 degree from Lebanese institution (Most Common), OR A letter from the institution from which J1 graduated in Lebanon stating that the J1 are under no financial obligation to that institution A notarized statement (Signed before a US Notary) from the J1 Visa Holder stating that the J1 are under no financial obligation to any private or public institution in Lebanon. Copy of the Lebanese passport biographic page Copy of any US Visa, especially any and all J1 Visas Copy of the I-94 and travel history from the CBP Website Third, the DS-3035 must be correctly completed The DS-3035 must be completed correctly, as it directly affects the determination of eligibility and whether the overall request can even be approved. The biggest pitfall is either writing an inconsistent statement of reason or writing too much of a statement that the underlying purpose for the waiver is lost. A deeper dive into the reason statement can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation The next biggest pitfall is NOT including EVERY DS-2019. More info found here: https://www.fickeymartinezlaw.com/j1-ds-3035-topic-of-missing-a-ds-2019-for-the-waiver-filing Fourth, the I-612 process with USCIS Once all of the DOS processing and Lebanon processing is completed, the file is packaged up and submitted to USCIS for final process. This process is called the I-612 waiver process. It is free, happens automatically, and normally processes in 1-4 months. USCIS will provide a Receipt Notice, and more importantly, an Approval Notice (assuming Lebanon and DOS did not object and provided a "favorable recommendation," respectively). Conclusion: If you have questions or need assistance with the J1 Waiver Process, please schedule a consultation with our immigration attorney. Visit our J1 Waiver Page for more relevant blogs regarding the J1 Waiver Process: https://www.fickeymartinezlaw.com/practice-areas/j1-visa-waiver Here are 2 Lebanon Items that are frequently overlooked: Lebanese Birth Certificate: https://www.fickeymartinezlaw.com/lebanese-birth-certificate-wathikat-welada-and-us-immigration Credentialing Foreign Education: https://www.fickeymartinezlaw.com/employment-immigration/credential-evaluation-reports-for-immigration-purposes Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Honduras J-1 No Objection Statement Process

By Franchesco Fickey Martinez • June 27, 2025
This article will explain the J-1 NOS Process for Honduras, as well as explain the alternative waiver process is you are deemed ineligible to receive an NOS Waiver. First, who needs a J1 Waiver? Merely applying for the NOS Waiver from Honduras is not enough to be approved of the J1 Waiver. Similarly, merely completing the DS-3035 is not enough. The DOS Waiver Review Division will require the J1 Visa Holder to show a clear need for the waiver, or else the DS-3035 will be denied. So, what clearly NEEDS a J1 Waiver. Well, that is what is to occur AFTER the J1 Waiver is approved. The J Visa Restricts all of the following: Immigration to the US (acquire Lawful Permanent Residence or Green Card) either through the I-485 Adjustment of Status process or the DS-260 Consular Process K-1 Fiance Visa H Employment Visa L Employment Visa It is these restrictions that NEED a waiver, and the J1 must prove a clear path to one of the above immigration options. More information can be seen here: https://www.fickeymartinezlaw.com/j1-waiver-ds-3035-statement-of-reason-template-and-explanation Second, are you a J1 that even requires a Waiver? There are unrestricted and restricted J1 Professionals. The Restricted Professionals are generally: J1 Teacher/Professor/Instructor J1 Specialist J1 Researcher J1 Physician J1 Intern/Trainee J1 Summer Camp Counselor J1 University Student (Undergraduate, Graduate, and Professional/Doctoral) How can you determine if you are a restricted type of J1? Merely review the Special Skills List. A little about the 2024 update to the schedule skill list can be seen here: https://www.fickeymartinezlaw.com/j1-special-skills-list-major-dos-update-december-9-2024 Third, are you unsure if the waiver is still needed? A DOS Waiver Review Division Advisory Opinion can provide a DOS determination if a waiver is even required, and the basis that the waiver is required. A brief explanation can be seen here: https://www.fickeymartinezlaw.com/immigration/when-should-a-j1-j2-perform-a-dos-advisory-opinion Please note: MOST J1 are subject due to the special skill list. Some are subject due to (1) government funding or (2) medical residency. These two subjections have very very few waiver options, and may be barred from a waiver availability. Fourth, Brief Overview of the NOS Process: The NOS Waiver process is broken into 2 packets and 3 phases . PHASE 1: Initiating Packet 1: The DOS DS-3035 Waiver Recommendation Application is an electronic filing that auto-generates the forms, statement of reason, and list of DOS required documents. This packet goes to the DOS for processing. Packet 2: The Honduran J1 NOS Waiver Application is filed with the Honduran Embassy at: 1220 19th St. NW, Suite 320, Washington, DC, 20036. The Embassy required documents will be discussed below. Phase 2: Processing Packet 2 might be called packet 2 in the explanation, but it is the first that MUST BE PROCESSED. Honduras must not object, Honduras must create the No Objection Statement, and Honduras must send that statement to the DOS to merge into Packet 1. Once Packet 1 receives the No Objection Statement, that is when the DOS begins processing the DS-3035. Phase 3: Finalizing/Recording in the Government System If DOS issues a Favorable Recommendation, the file is then submitted to USCIS, USCIS issues an I-612 Receipt Notice, and then USCIS issues an I-612 Approval Notice. An I-612 Approval Notice is the full completion of the J1 Waiver Process. Fifth, what documents are required by the Honduran Embassy: This list is fairly templated, but it does assist the Embassy in processing the request: Proof of payment of $30.00 via Money Order payable to the Consulate of Honduras for processing the Letter of No Objection from the Government of Honduras. A Signed Letter by the J1 stating: Name and contact information Statement of how the J-1 visa was obtained Amount of time elapsed since entering the United States under J-1 status Admission that, by accepting a J-1 visa, the applicant agreed to return to Honduras for a period of no less than two years. Explanation of the reasons for not wishing to return to Honduras. [Comparison: this is similar to the above first point regarding what "needs" the J1 Waiver] Original letter from the institution that sponsored the J-1 visa, stating that it has no objection to the applicant returning to Honduras. Either: Affidavit from the applicant stating that the letter requested in the previous section is signed by the sponsor of their J-1 Visa, or Affidavit stating that the institution does not issue this type of letter. The Affidavit MUST either be completed before the Honduran Consulate upon payment of $50.00 by Money Order; or Affidavit from the applicant MUST be authenticated by Notary Public and Apostilled in accordance to the Hague Convention. Copy of ALL "DS-2019: Certificate of Eligibility for Exchange Visitor (J-1) Status" document. Copy of the "DS-3035: J-1 Visa Waiver Recommendation Application" document. DOS Third Party Barcode Page. Copy of All issued Honduran passports and ALL J-1 visa(s) and J-2 visa(s). A duly authenticated copy of the Cooperation Agreement between the petitioner and an institution of the Government of Honduras or a Non-Governmental Organization (NGO) operating in Honduras, which must include at least the following: Statement of purpose. Document proving the legal representation of the signatory. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Document proving the legal status of the institution or NGO. (Certificate issued by the Directorate of Registration, Regulation, and Monitoring of Civil Associations (DIRRSAC). Description of the cooperation to be carried out. Duration of the cooperation (no less than two years). Exact work to be performed by the petitioner. Number of weekly hours the petitioner will work. If you are interested in learning more about our law firm J1 Services, we welcome you to visit our website. Disclaimer: This Blog is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney-client relationship between you and the Blog/Web Site publisher. The Blog should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

I-864 Sponsorship: How is SSI and SSDI Assessed?

By Franchesco Fickey Martinez • May 29, 2025
The I-864 is a Sponsorship Form from USCIS that is used in nearly all Family-based Immigration. This Blog Post will address how SSI and SSDI is assessed in this process. SSI (Supplemental Security Income) provides financial assistance to older adults and persons with disabilities (regardless of age) with very limited income and resources. SSI is […] The post I-864 Sponsorship: How is SSI and SSDI Assessed? appeared first on Fickey Martinez Law Firm.