Latest news with #BerardiImmigrationLaw
CTV News
21-07-2025
- Business
- CTV News
New U.S. visa integrity fee to affect some travellers including from Canada
A Duty Free sign is shown at the Canada-U.S. border crossing in Saint-Bernard-de-Lacolle, Que., on April 10, 2025. (Graham Hughes / The Canadian Press) Some people travelling to the United States from countries including Canada will have to pay a 'visa integrity fee' of US$250, but an immigration lawyer says most Canadian citizens won't be affected. 'This one won't hit Canadian citizens too hard, and they can continue to enter the United States as usual,' Rosanna Berardi, managing partner of Berardi Immigration Law, in Buffalo, N.Y., said in a video interview with on Monday, noting Canadian citizens generally just need their passport to enter the U.S. 'Ninety-nine per cent of Canadian citizens are visa exempt. ... Those individuals will not have to pay the new visa integrity fee, unless they are investors or fiancés of U.S. citizens.' The visa integrity fee will apply to Canadian permanent residents entering the U.S. both by land and air who are not American citizens or who were not born from Visa Waiver Program countries, Berardi added. People who have a valid Electronic System for Travel Authorization through the Visa Waiver Program can stay in the United States for tourism or business for up to 90 days without a visa, according to the U.S. government's website. The fee is part of the Trump administration's spending legislation called the 'One Big Beautiful Bill Act,' which became law on July 4. The U.S. government didn't state when the fee would go into effect. The US$250 fee would be for the current federal fiscal year, the act states. It may be adjusted annually for inflation and won't be waived or reduced, according to the act. Visitors to the U.S. may be reimbursed for the fee after their non-immigrant visa expires under certain conditions, the act states. For instance, people may get their money back if they followed all conditions under the visa, such as not accepting unauthorized employment. When asked for more details about the new fee on Monday, a spokesperson for the U.S. Department of Homeland Security wrote in an email: 'President Trump's One Big Beautiful Bill provides the necessary policies and resources to restore integrity in our nation's immigration system. The visa integrity fee requires cross-agency coordination before implementation.' A U.S. State Department spokesperson wrote in an email to on Monday that the fee is part of the Trump administration's efforts to help strengthen immigration enforcement, deter visa overstays and fund border security. 'We will provide more information regarding the implementation and impact of the law for the Department of State as soon as practicable,' a spokesperson wrote. 'All updates will be posted to our visa information page at Global Affairs Canada didn't immediately respond to request for comment and more information.
Yahoo
29-05-2025
- General
- Yahoo
Can the Trump administration deport green card holders? Here's what rights they have in the US
The Trump administration is targeting international students with student visas and permanent residents who hold a green card as part of its immigration crackdown. And while green card holders may legally remain in the U.S. indefinitely, work in the country, and are protected by U.S. laws, the Trump administration has made clear that the demographic is not off limits from its mass-deportation agenda. Can the federal government deport those who are green card holders and are here in the U.S. legally? Yes. According to U.S. Citizenship and Immigration Services, green card holders are only protected if they "do not commit any actions that would make you removable under immigration law." Green card holders are "required to obey all laws of the United States and localities," file taxes annually, register for the draft if the green card holder is a male between the ages of 18 and 25, and are also "expected to support the democratic form of government," per U.S. Citizenship and Immigraion Services. Should a green card holder violate certain provisions included in the Immigration and Nationality Act, they could face deportation. Read On The Fox News App Lawyers For Columbia Anti-israel Activist Mahmoud Khalil Blast Rubio Evidence Letter: 'Two Pages, That's It' Reasons a green card holder could be deported include the termination of conditional permanent resident status, knowingly helping someone enter the U.S. illegally, committing crimes including rape, murder or fraud, according to Berardi Immigration Law, a business immigration law firm that handles work permits and green cards for international employees working in the U.S. Other reasons also include committing an aggravated felony, being convicted of drug or firearms crimes, and engaging in criminal activity that jeopardizes public safety or national security issues, per Berardi Immigration Law. Furthermore, those who face convictions for these crimes may only face deportation after an immigration judge hears their case, according to Penn State Law School. A green card allows an individual already in the U.S. who is not an American citizen to remain in the country, while a student visa allows those outside the U.S. to study in the country for a specific amount of time at an academic institution. Eligibility for a green card is possible through several avenues, including being an immediate family member of a U.S. citizen like a spouse or parent, finding employment here in the U.S., or qualifying as a refugee or someone seeking asylum. Trump College Crackdown: List Of Students Detained Amid Antisemitism On Campuses The possibility of deporting green card holders attracted increased scrutiny after U.S. Immigration and Customs Enforcement (ICE) agents arrested anti-Israel activist Mahmoud Khalil in March. Khalil, who is a Palestinian raised in Syria and a permanent U.S. resident with a green card who first came to the U.S. on a student visa in 2022, played a major role in the protests against Israel while at Columbia University as a graduate student. The Department of Homeland Security said Khalil was arrested to protect U.S. national security, and claimed that Khalil "led activities aligned to Hamas, a designated terrorist organization." Additionally, Secretary of State Marco Rubio said at the time any Hamas supporters in the U.S. would suffer similar fates and have their green cards pulled, and face deportation. Likewise, President Donald Trump said in a social media post in March following Khalil's arrest that it was "the first arrest of many to come." But Democrats claim the Trump administration is out of line and the arrest was an assault on freedom of speech. Senate Judiciary Committee Democrats said Khalil's arrest amounted to "straight up authoritarianism" in a post on X in March. An immigration judge in Louisiana ruled in April that the Trump administration was at liberty to deport Khalil, claiming she didn't have the authority to challenge the Trump administration's assessment that Khalil posed a national security threat. But Khalil, who is currently stuck at the Central Louisiana ICE Processing Center, has yet to see whether he will face deportation. Another federal judge in New York has blocked the Trump administration from removing Khalil from the U.S. while his case plays out in court. Separately, the Trump administration is also eyeing ways to beef up vetting for those entering the U.S. on student visas — particularly for those who've publicly supported Palestine, like Khalil. For example, the State Department is also bracing itself to ramp up social media screening for those applying for student visas. The State Department announced Tuesday that it is temporarily suspending new student and exchange visitor visa interviews as it evaluates enhanced social media screenings for the application process. Congress 'Entitled' To 'Regulating The Conduct' Of Visa Holders, Expert Says Amid Deportation Push Rubio told lawmakers May 20 that he expects that the State Department has already pulled thousands of visas since January following Trump's inauguration. That's up from the 300 the administration had revoked as of late March. Rubio also said that his agency would continue to pull student visas, stating that a visa is not a right, it's a "privilege." "I don't know the latest count, but we probably have more to do," Rubio told lawmakers on the Senate appropriations subcommittee overseeing foreign affairs. "We're going to continue to revoke the visas of people who are here as guests and are disrupting our higher education facilities."Original article source: Can the Trump administration deport green card holders? Here's what rights they have in the US
Fox News
29-05-2025
- General
- Fox News
Can the Trump administration deport green card holders? Here's what rights they have in the US
Print Close By Diana Stancy Published May 29, 2025 The Trump administration is targeting international students with student visas and permanent residents who hold a green card as part of its immigration crackdown. And while green card holders may legally remain in the U.S. indefinitely, work in the country, and are protected by U.S. laws, the Trump administration has made clear that the demographic is not off limits from its mass-deportation agenda. Can the federal government deport those who are green card holders and are here in the U.S. legally? Yes. According to U.S. Citizenship and Immigration Services, green card holders are only protected if they "do not commit any actions that would make you removable under immigration law." Green card holders are "required to obey all laws of the United States and localities," file taxes annually, register for the draft if the green card holder is a male between the ages of 18 and 25, and are also "expected to support the democratic form of government," per U.S. Citizenship and Immigraion Services. Should a green card holder violate certain provisions included in the Immigration and Nationality Act, they could face deportation. LAWYERS FOR COLUMBIA ANTI-ISRAEL ACTIVIST MAHMOUD KHALIL BLAST RUBIO EVIDENCE LETTER: 'TWO PAGES, THAT'S IT' Reasons a green card holder could be deported include the termination of conditional permanent resident status, knowingly helping someone enter the U.S. illegally, committing crimes including rape, murder or fraud, according to Berardi Immigration Law, a business immigration law firm that handles work permits and green cards for international employees working in the U.S. Other reasons also include committing an aggravated felony, being convicted of drug or firearms crimes, and engaging in criminal activity that jeopardizes public safety or national security issues, per Berardi Immigration Law. Furthermore, those who face convictions for these crimes may only face deportation after an immigration judge hears their case, according to Penn State Law School. A green card allows an individual already in the U.S. who is not an American citizen to remain in the country, while a student visa allows those outside the U.S. to study in the country for a specific amount of time at an academic institution. Eligibility for a green card is possible through several avenues, including being an immediate family member of a U.S. citizen like a spouse or parent, finding employment here in the U.S., or qualifying as a refugee or someone seeking asylum. TRUMP COLLEGE CRACKDOWN: LIST OF STUDENTS DETAINED AMID ANTISEMITISM ON CAMPUSES The possibility of deporting green card holders attracted increased scrutiny after U.S. Immigration and Customs Enforcement (ICE) agents arrested anti-Israel activist Mahmoud Khalil in March. Khalil, who is a Palestinian raised in Syria and a permanent U.S. resident with a green card who first came to the U.S. on a student visa in 2022, played a major role in the protests against Israel while at Columbia University as a graduate student. The Department of Homeland Security said Khalil was arrested to protect U.S. national security, and claimed that Khalil "led activities aligned to Hamas, a designated terrorist organization." Additionally, Secretary of State Marco Rubio said at the time any Hamas supporters in the U.S. would suffer similar fates and have their green cards pulled, and face deportation. Likewise, President Donald Trump said in a social media post in March following Khalil's arrest that it was "the first arrest of many to come." CLICK HERE TO GET THE FOX NEWS APP But Democrats claim the Trump administration is out of line and the arrest was an assault on freedom of speech. Senate Judiciary Committee Democrats said Khalil's arrest amounted to "straight up authoritarianism" in a post on X in March. An immigration judge in Louisiana ruled in April that the Trump administration was at liberty to deport Khalil, claiming she didn't have the authority to challenge the Trump administration's assessment that Khalil posed a national security threat. But Khalil, who is currently stuck at the Central Louisiana ICE Processing Center, has yet to see whether he will face deportation. Another federal judge in New York has blocked the Trump administration from removing Khalil from the U.S. while his case plays out in court. Separately, the Trump administration is also eyeing ways to beef up vetting for those entering the U.S. on student visas — particularly for those who've publicly supported Palestine, like Khalil. For example, the State Department is also bracing itself to ramp up social media screening for those applying for student visas. The State Department announced Tuesday that it is temporarily suspending new student and exchange visitor visa interviews as it evaluates enhanced social media screenings for the application process. CONGRESS 'ENTITLED' TO 'REGULATING THE CONDUCT' OF VISA HOLDERS, EXPERT SAYS AMID DEPORTATION PUSH Rubio told lawmakers May 20 that he expects that the State Department has already pulled thousands of visas since January following Trump's inauguration. That's up from the 300 the administration had revoked as of late March. Rubio also said that his agency would continue to pull student visas, stating that a visa is not a right, it's a "privilege." "I don't know the latest count, but we probably have more to do," Rubio told lawmakers on the Senate appropriations subcommittee overseeing foreign affairs. "We're going to continue to revoke the visas of people who are here as guests and are disrupting our higher education facilities." Print Close URL
Yahoo
26-05-2025
- Politics
- Yahoo
Traveling This Summer? Here's What You Need to Know About Getting Through American Airports.
Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily. It's that time of year: We're gearing up for summer travel. But given the chaos America has experienced thus far in 2025, some travelers are also starting to worry—if they leave the country, can they be certain they'll get back in? Will international visitors face complications coming to the U.S.? Throughout the spring, story after story emerged about various types of travelers running into trouble when entering the U.S. A French scientist en route to a conference was denied entry after Customs and Border Protection found messages critical of Donald Trump on his phone. An Irish woman who has lived legally in the U.S. for years spent 17 days in custody because she had a criminal record for drug possession and misdemeanors from 2007 and 2008. About two weeks ago, popular Twitch streamer (and U.S. citizen) Hasan Piker was detained and questioned by border agents on his return into the country. 'It's definitely a hot topic for understandable reasons,' says Jennifer Behm, a partner with Berardi Immigration Law. 'The media has jumped on all these stories we're hearing.' But it's also just our new reality—and immigration lawyers say they are busier than they've ever been. 'I'm seeing scores of people that I had relationships with a generation ago coming back just to be on the safe side,' says Michael Wildes, an immigration lawyer and managing partner at law firm Wildes and Weinberg. I'm a citizen born in the U.S. who is currently living abroad, and as I watched from afar, I started to wonder about my own upcoming travel back to the States. Is it safe to travel through any airport? Am I going to be questioned for having a meme criticizing the president on my phone? What is the process like if I am? Then I started to consider what green-card holders, visa holders, and regular tourists must be thinking. I spoke to some immigration lawyers about concerns, rights, and what else people should know as they jet off this summer. Who is most at risk? Behm notes that while many of the cases covered in the media are newsworthy, there is often key context that the public lacks about an individual's circumstances. 'We don't always have those specific details when we read these stories in the headlines,' she says. 'I get it's a nerve-wracking time to travel. I'm often telling my clients: You're at low risk doing everything the right way.' To wit, U.S.-born citizens can pretty much travel normally, says Wildes. As a citizen, you cannot be denied entry into the country, but you can be questioned, like Piker was. The streamer—who has been vocally pro-Palestinian and anti-Trump—says he spent two hours being interrogated by CBP at O'Hare airport in Chicago. According to various news sources, he was asked about his views on the Middle East and the president. He was eventually let go without any charges. Behm notes she'd even say naturalized citizens should be fine too, as long as they didn't misrepresent themselves when applying for naturalization. Green-card holders (lawful permanent residents) are the next safest category. For one, only an immigration judge can actually revoke the card. That being said, there are certain factors that could increase one's risk, says Gary Chodorow, an immigration attorney who works with green-card holders. First, any holder who has had a 'brush with the law' could be scrutinized, even if the case was dismissed. Green-card holders who have been spending a lot of time abroad—think more than six months for two years in a row—could also face challenges. 'If you have a green-card holder who's primarily abroad and they didn't file for a reentry permit, which protects their green-card status while they spend extended times abroad, well, yeah, CBP is going to have a lot of questions,' says Behm. Just because you have a green card doesn't give you the complete right to return to the United States, adds Wildes. Visa holders should take more caution, especially if they have past misdemeanors or have not acted consistently with the narrative of the visa they secured. Wildes cites the case of a student who came to the country on a student visa and then posted that they were working at a musical festival, which was not permitted by their visa. 'The authorities saw this and revoked his visa,' Wildes says. 'If you have people that are doing whatever it is that they do for a living on Instagram and they don't have a visa allowing it, the government can easily clip their wings.' And while tourism to the United States is decreasing and some countries are advising against travel to the U.S., some tourists may still find their way here this summer. These individuals with no relation to the U.S. are the ones who are probably at the greatest risk for denied entry. 'Tourists have to be cautious about travel,' Wildes says. 'They should have proof that they have strong ties to their home country and have a brief, innocent, and casual intention of coming to America and departing in a timely fashion.' That is, they should only be coming for leisure or business purposes. 'Their entry is 100 percent discretionary by CBP's inspection,' Behm adds. 'They can be searched, they can be questioned, they can have their visas revoked on the spot.' Should I allow extra time for travel? Again, if you're a U.S. citizen, you're probably safe to continue with your travel plans. If citizens have people in their families who are more vulnerable, they may want to take extra precautions, says Wildes. Anyone who is part of more vulnerable groups—again, those with misdemeanors or lowest residency status—may want to consider avoiding leaving the country for now, and yes, if they choose to travel, should take these possibilities into account as they plan their itineraries. (They also may want to account for potential hiccups that could make the travel take even longer.) 'We're telling individuals to only travel where it's critical and important, and that they have to understand the kind of challenge that can occur and how to conduct themselves,' Wildes says. But it's really a case-by-case basis, Behm says. If I'm at a higher risk and have to travel, what should I know? If you have to visit a relative or attend to business abroad, there are a few things to keep in mind. People who fall into these higher-risk groups should consult with an attorney to make a plan, says Chodorow. He also advises bringing both a valid entry document and documents that explain your situation. 'People with a criminal record should carry with them the police and court documents showing the outcome of their case,' he says. 'People who may be accused by CBP of abandonment of permanent residence, they're going to need to carry proof with them that their stay abroad has been temporary.' Are there certain airports or locations I should stick to? Or ones to avoid? Chodorow says people who are at risk should think about where they enter, but that is mostly in case they have to go through legal proceedings. A person who is referred by CBP for an immigration court hearing will be scheduled in the jurisdiction of that point of instance, if you live in New York, and you enter through Los Angeles, you're going to be scheduled for an immigration hearing in Los Angeles. 'People should think about entering where their U.S. home is,' he says. He also recommends avoiding pre-flight inspection stations, like those in Canada, Ireland, and the Caribbean. These are border control stations that are outside of the U.S. but operated by Homeland Security. If you're questioned and detained there, Chodorow says, you might be stuck in that country. 'If a person is found to be ineligible to enter the U.S., they won't even get on that plane,' he says. Behm also notes that travelers flying into major international airports like those in New York, Miami, and L.A. may face more scrutiny. 'I'm not saying that with, again, any sort of statistics to back up, but when I have a client flying into a major airport, I always tell them: Be prepared to be patient,' she says. But otherwise, there aren't airports that these lawyers advise travelers to avoid on the premise that they are riskier. Can they really search my phone at the airport? Short answer: Yes, though at JFK airport in New York, specifically, they need a warrant thanks to a local court ruling. As Wildes says: 'Everything comes out at an airport.' He maintains that U.S. citizens have a right to free speech and would likely not come into trouble for having a text conversation criticizing the administration. Citizens and green-card holders can also refuse a device search and still enter the country, though they could be questioned further. Visa holders and tourists might want to take more precautions when traveling with phones, whether that's just erasing data temporarily, traveling with a burner, or sending phones ahead of time. Behm also warns her clients—primarily those who are green-card and visa holders—to be cautious with social media. 'CBP officers, they have a lot of individual discretion, and yes, it could be problematic for you in the future,' she says. What if I get pulled aside? What are they going to ask me? Not every CBP inspection is the same, but there are a few things you can expect, says Behm She, even as a U.S. citizen, has been pulled in for questioning in the past when crossing the border from the U.S. and Canada. During that kind of secondary inspection, CBP usually asks about your citizenship and intentions—and they have a right to do so. According to Behm, they'll start by asking about your lawful right to enter the country. The next line of questioning will be about criminality or drug use. They might also ask about where you live, where you're going in the U.S, and whether you're a tourist. They will also make sure that your response aligns with the 'optics.' For example, if you say you're coming in for a casual vacation, but they identify a wedding dress in your luggage … that might raise some eyebrows about what your real plans are. If you're nervous about a potential interaction with CBP because of your risk category or your past, Behm recommends having a prep call with an immigration lawyer. What else should I know? At the end of the day, a very small percentage of travelers will have to deal with CBP questioning and detention. 'An important thing to keep in mind is that CBP—between land, air, and water ports—are inspecting and admitting over a million people into the U.S. every day,' says Behm. 'When you break it down for numbers and statistics, it is a very, very small, minuscule piece of the population of individuals who are requesting entry who aren't being admitted.' Chodorow says you can also further minimize your contact with CBP by getting Global Entry, which is a CBP pre-approval program. Another seemingly simple suggestion? Get a good night's sleep before a long-haul flight. 'Some people are really tired and groggy when they go through inspection, and they don't do a good job explaining their real situation,' he says.
Telegraph
19-04-2025
- Politics
- Telegraph
Trump drives surge in Americans seeking alternative citizenship
The return of Donald Trump to the White House has triggered a surge in the number of Americans seeking alternative citizenship. Lawyers, especially in Canada but also the UK, have also noticed a spike in inquiries from Americans wanting to renounce their US nationality. The phenomenon has been described as the 'Donald Dash' by experts. According to the Immigration News Canada website, the most prominent group seeking citizenship are from the LGBTQ community, fearing challenges to same-sex marriage and transgender health care. The highest profile 'refugees' to the UK were Ellen DeGeneres and Portia de Rossi, her wife, who decamped to the Cotswolds. Berardi Immigration Law, which has offices in the US and Canada, used to get one or two inquiries a month from Americans wanting to become Canadians, but now they get a couple every week. Older Americans with roots over the border are also pursuing Canadian citizenship. In the 1960s and 1970s an estimated 125,000 Americans moved to Canada, rather than be drafted to fight in Vietnam. Despite the amnesty granted to draft dodgers by Gerald Ford, many have remained in Canada. Another lawyer, Douglas Cowgill, told the Canadian broadcaster CBC that renunciation inquiries had doubled in the immediate aftermath of the US election. Alexander Marino, director of US tax law at Moodys Tax Law in Calgary, said the prime motive for renunciation was to avoid the potential liability for US tax, even while living abroad. Nevertheless, he told CBC there had been a bump since Mr Trump won the election. 'Donald Dashers' are also coming to the UK. According to figures released by the Home Office, there was a 40 per cent jump in applications in the final quarter of last year, with around 1,700 requests in the final three months of the year. Over the year 6,100 applications were submitted – a 26 per cent increase and the highest number since the figures were first compiled two decades ago. Immigration experts also noticed a sharp rise in the number of online inquiries about how to secure British nationality. The rules for acquiring British nationality are strict. For those who do not satisfy existing residency requirements, applicants must prove family connections with at least one British parent or grandparent. One survey of 1,000 Americans found 25 per cent were considering moving abroad. As soon as Mr Trump won the election, there was a sharp increase in interest in Americans wanting to live elsewhere. This reflected what happened after Mr Trump's first election victory in 2016. 'It's certainly a trend we have been seeing, as we did eight years ago,' Sophie Barrett-Brown, of immigration lawyers Laura Devine, told The Telegraph.
