Although the United States has many consulates abroad, not all of them handle every type of visa application. In some countries, certain applications are centralized at one location – and that location may not be the main embassy. Because these locations can change from time to time, it is very important to check before applying to make sure that everything goes to the correct place. As an example, the Department of State recently announced that all K-1 (fiancée) visa applications for Canada will now be handled by the U.S. Consulate in Montreal. Until now, Canadian K-1 applicants on the west coast could have their visa interviews in Vancouver, but everything will be centralized in Montreal on April 1. While this change will help USCIS administer the visas, it will cause a new burden for some applicants. For some who are not aware of the change, it will come as a […]
Candidate Trump’s website contains the following promise if he is elected: End birthright citizenship. This remains the biggest magnet for illegal immigration. By a 2:1 margin, voters say it’s the wrong policy, including Harry Reid who said “no sane country” would give automatic citizenship to the children of illegal immigrants. By “birthright citizenship,” Trump is referring to the fact that people born in the United States automatically become U.S. citizens. Candidate Trump is vowing to stop this practice. Could President Trump actually do it? Question: Could President Trump end “birthright citizenship”? Answer: No. It’s in the Constitution. “Birthright citizenship” is guaranteed by the 14th Amendment to the U.S. Constitution, which states that “[a]ll persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” This principle is known as “jus soli,” meaning literally “law of the […]
Last week’s article addressed whether Candidate Trump, if elected President, could end the DACA (Deferred Action for Childhood Arrivals) program. This week, I address the larger question of the approximately 11 million persons currently in the United States without legal status. Candidate Trump has called for the deportation of all undocumented people in the United States. Could President Trump do that? Question: Could President Trump simply deport the “11 million”? Answer: Yes, No, and Maybe. Yes, there are some people President Trump could deport quickly. All Presidents have extensive, though not unlimited, powers when it comes to immigration. Much of this power is expressed in the policy directions they give to the Department of Homeland Security, the Executive Branch agency that actually implements the immigration laws. At any given time, there are thousands of people living in the United States under “orders of supervision,” […]
In the wake of Donald Trump’s strong showing on Super Tuesday, and his probable path to the Republican nomination for President, it’s time for a closer examination of his immigration positions. Candidate Trump has made some very strong statements of what he would do to American immigration policy and practice if elected. I will pay him the courtesy of assuming that he means what he says, both because he has been clear in his views and because it is too dangerous not to take him at his word. This series of articles, “Preparing for the Trumpocalypse,” will focus on one topic: Could President Trump actually do the things that Candidate Trump is promising? Future articles will cover such topics as deporting the “11 million,” building the wall on the Mexican border, and a “total and complete shutdown of Muslims entering the United States.” Today’s article, however, addresses DACA, and whether […]