“The DS-260 Immigrant Visa Application are very important submissions and should be reviewed and answered carefully by the applicant.”
UPDATES on DACA. Last week, the U.S. District Court for the District of Columbia vacated the termination of the Deferred Action for Childhood Arrivals program (DACA), holding that the Department of Homeland Security’s (DHS) decision to rescind the program was “arbitrary and capricious.”
This decision is one among several challenges to the Administration’s decision to rescind the program. However, the D.C. court’s decision is significant because this will mean that DHS must accept and process new applications for DACA. Previously only renewal applications were allowed to be accepted.
There is a 90-day stay on the order, which means that the court’s decision is on hold for 90 days in which time DHS is given the chance to provide a better explanation to the court its decision to rescind the program. Thus, no new changes will actually go into effect for DACA, and it continues to be implemented on the terms of prior court rulings.
We will write another article for updates on the DACA program.
Visa applicants may soon be required to submit social media details. The State Department is has proposed a revision on the collection of questions contained in the DS-260 (for immigrant applicants) and the DS-160 (for non-immigrant applicants) to add several questions – in particular, a “question that lists multiple social media platforms during the five years preceding the date of application.” Moreover, the applicant will be given the option to “provide information about any social media identifiers associated with any platforms other than those that are listed that the applicant has used in the last five years.”
According to the Federal Register Announcement announced on March 30, 2018, the Department will collect this information for identity resolution and vetting purposes based on statutory visa eligibility standards. Other questions seek five years of previously used telephone numbers, email addresses, and international travel; all prior immigration violations; and whether specified family members have been involved in terrorist activities.
Applicants for diplomatic or official visas will be exempt from the proposed revised questions.
The DS-260 Immigrant Visa Application and the DS-160 Immigrant Visa Application are very important submissions and should be reviewed and answered carefully by the applicant. It is best to consult with an experienced and competent immigration attorney immediately, and more importantly prior to filing any applications with the USCIS or the Department of State. As always, be wary of online tools that offer immigration help or notarios who are not licensed to practice law.
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Atty. Lilli Berbano Baculi is an associate attorney with Chua Tinsay & Vega, A Professional Legal Corporation (CTV) – a full service law firm with offices in San Francisco, San Diego, Sacramento and Philippines. The information presented in this article is for general information only and is not, nor intended to be, formal legal advice nor the formation of an attorney-client relationship. Call or e-mail CTV for an in-person or phone consultation to discuss your particular situation and/or how their services may be retained at (619) 955-6277; (415) 495-8088; (916) 449-3923; [email protected]. For general information visit www.chuatinsayvega.com.