Presidents, Proclamations, and the promise of Immigration to the United States.

The startling events last week that took place in our Nation’s Capitol sparked great concern in the American people and onlookers around the globe. Never before have we witnessed such a blatant attack on a National Treasure and against the Constitution on which our country was founded. As we pick up the pieces and move forward, there is still a feeling of unease; a concern for what will happen next. While I cannot give assurances that the Inauguration of President-Elect Biden will proceed without interruption, what I can reassure you is that the immigration process will continue.

Immigration to the United States is written into Federal law. The Immigration and Nationality Act (INA) was enacted in 1952. The INA collected many provisions and reorganized the structure of immigration law. The INA has been amended many times over the years and contains many of the most important provisions of immigration law. The INA is contained in the United States Code (U.S. Code). The U.S. Code is a collection of all the laws of the United States. Title 8 of the U.S. Code covers ‘Aliens and Nationality’.

As an official part of United States Federal law, the INA cannot be amended without due process. Yes, the outgoing Presidential Administration used discretionary Presidential Proclamations to impede the normal functioning of the INA. This has caused great delays to the immigration process, blocked employees from U.S. companies, and frustrated many Americans and their foreign-born loved ones.

I am hopeful that President-Elect Joe Biden will strike down the current Presidential Proclamations and we will see the immigration process return to normal. That normal will be a new normal, heavily impacted by COVID-19. Timelines are not likely to return to pre-COVID levels for some time, but rest assured your rights, as a U.S. Citizen or family member of a U.S. Citizen, will be respected.

Over the holidays, I was heartened to hear that several of my clients, who were waiting for spouse (CR1/IR1) visa interviews, not only received their appointments but also had the visa issued. They are starting out 2021 as a reunited family in the United States! I also was pleased to help a family through a video meeting, who needed urgent advice on their visa application during the holidays. If you don’t see a particular service listed on our website, feel free to send a message via the Contact Us page. Our name is ‘Bespoke’ for a reason!

So, take heart, the INA is still the guiding immigration law. Your right to apply for the immigration of your loved ones to the United States remains firmly in place. The United States has always been a wonderful place to live, and I am here to help you with your immigration journey.