Practice limited exclusively to Immigration & Nationality Law

Welcome to DamataLaw.com,<br>the website for the Law Offices of G. Joe D’Amata, LLC, which is owned and directed by Giuseppe (Joe) D’Amata, Esq.

Welcome to DamataLaw.com,
the website for the Law Offices of G. Joe D’Amata, LLC, which is owned and directed by Giuseppe (Joe) D’Amata, Esq.

 

The Law Offices of G. Joe D'Amata, LLC is a full-service immigration and nationality law practice assisting clients in obtaining nonimmigrant work visas, permanent resident status through family and employment based visas, and naturalization.

 

To schedule a consultation, please call 352-672-0153 or send an e-mail to  joe@damatalaw.com

Dear Friends:

The Law Offices of G. Joe D’Amata, LLC remains fully operational and available to continue to service clients and meet their needs. Our technology allows us to work remotely and operate at full capacity on our clients' cases and answer any questions they may have.

While on-site visits are on hold for the time being, we have resources to meet with you virtually – by phone or Skype. Please feel free to call or email us as usual.

As Airlines have cancelled thousands of flights and Countries around the world closed their borders, we can consult for Extensions of Stay and Employment Authorization due to economic hardship for certain individuals.

 

Immigration Update: COVID 19

 

Presidential Proclamation Suspending Entry of Certain Immigrants

 

On April 22, President Trump issues a proclamation effective on Thursday, April 23, 2020 at 11:59 PM (ET), suspending the entry of any individual seeking to enter the U.S. as an immigrant who:

  • Is outside the United States on the effective date of the proclamation;
  • Does not have a valid immigrant visa on the effective date; and
  • Does not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

The following categories are exempted from the proclamation:

  1. Lawful permanent residents (LPR)
  2. Individuals, and their spouses or children, seeking to enter the U.S. on an immigrant visa as a physician, nurse, or other healthcare professional; to perform medical research or other research intended to combat the spread of COVID-19; or to perform work essential to combating, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak, (as determined by the Secretaries of State and Department of Homeland Security (DHS), or their respective designees)
  3. Individuals applying for a visa to enter the U.S. pursuant to the EB-5 immigrant investor visa program
  4. Spouses of U.S. citizens
  5. Children of U.S. citizens under the age of 21 and prospective adoptees seeking to enter on an IR-4 or IH-4 visa.
  6. Individuals who would further important U.S. law enforcement objectives (as determined by the Secretaries of DHS and State based on the recommendation of the Attorney General (AG), or their respective designees)
  7. Members of the U.S. Armed Forces and their spouses and children
  8. Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification)
  9. Individuals whose entry would be in the national interest (as determined by the Secretaries of State and DHS, or their respective designees).

Discretion. It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories outlined above.

Nonimmigrant visa holders are not included in the proclamation. However, the proclamation requires that within 30 days of the effective date, the Secretaries of Labor and DHS, in consultation with the Secretary of State, shall review nonimmigrant programs and recommend to the President other appropriate measures to stimulate the U.S. economy and ensure “the prioritization, hiring and employment” of U.S. workers.

Asylum seekers are not included in the ban. The proclamation states that it does not limit the ability of individuals to apply for asylum, refugee status, withholding of removal or protection under the Convention Against Torture.

Prioritized Removal. Individuals who circumvent the application of this proclamation through fraud, willful misrepresentation or illegal entry will be prioritized for removal.

Expiration. The proclamation expires 60 days from its effective date and may be continued as necessary. Within 50 days from the effective date, the Secretary of DHS shall, in consultation with the Secretaries of State and Labor, recommend whether the President should continue or modify the proclamation.

Severability Clause. If any provision of the proclamation, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of the proclamation shall not be affected.  READ MORE

 

USCIS Temporary Office Closure Extended through June 3

 

On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and Application Support Centers (ASCs) to help slow the spread of Coronavirus Disease 2019 (COVID-19). USCIS offices will reopen on June 4 unless the public closures are extended further. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public.  READ MORE

 

USCIS Temporarily Closes Rome and Nairobi Offices to the Public

 

U.S. Citizenship and Immigration Services today announced it has temporarily closed its offices in Rome, Italy, and Nairobi, Kenya, to the public, due to the Coronavirus Disease 2019 (COVID-19) pandemic. In February, USCIS announced the temporarily suspension of services at its offices in Beijing and Guangzhou, China. READ MORE

 

USCIS Announces Temporary Suspension of Premium Processing for All I-129 and I-140 Petitions Due to the Coronavirus Pandemic

 

U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Coronavirus Disease 2019 (COVID-19).

Effective today, March 20, 2020, USCIS will not accept any new requests for premium processing. USCIS will process any petition with a previously accepted Form I-907, Request for Premium Processing, in accordance with the premium processing service criteria. READ MORE

 

U.S. Department of State – Bureau of Consular Affairs Suspension of Routine Visa Services

 

On March 20, 2020, the U.S. DOS – Bureau of Consular Affairs announced that in response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time. READ MORE

 

USCIS Implements Public Charge Rule

 

On Feb. 24, 2020, USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide, including in Illinois. USCIS will apply the final rule to all applications and petitions postmarked (or, if applicable, submitted electronically) on or after that date. For applications and petitions sent by commercial courier (for example, UPS, FedEx, or DHL), the postmark date is the date reflected on the courier receipt. USCIS will reject any affected application or petition that does not adhere to the final rule, including those submitted by or on behalf of aliens living in Illinois, if postmarked on or after Feb. 24, 2020. READ MORE

 

DOS Implements Public Charge Rule

 

The U.S. DOS has announced that the Public Charge Rule will apply to all immigrant visa and non-immigrant visa applications adjudicated on or after February 24, 2020. You may be asked to complete a Form DS-5540, Public Charge Questionnaire. READ MORE

 

USCIS Announces Biometrics Reuse

 

On March 30, 2020, U.S. Citizenship and Immigration Services announced that it will reuse previously submitted biometrics in order to process valid Form I-765, Application for Employment Authorization, extension requests due to the temporary closure of Application Support Centers (ASC) to the public in response to the Coronavirus (COVID-19) pandemic. READ MORE

 

USCIS Announces H-2A Flexibility

 

On April 17, 2020, The U.S. Department of Homeland Security, with the support of the U.S. Department of Agriculture, has issued a temporary final rule to amend certain H-2A requirements to help U.S. agricultural employers avoid disruptions in lawful agricultural-related employment, protect the nation’s food supply chain, and lessen impacts from the coronavirus (COVID-19) public health emergency. These temporary flexibilities will not weaken or eliminate protections for U.S. workers.  READ MORE

 

USCIS Announces H-2B Flexibility

 

On May 12, 2020, The U.S. Department of Homeland Security announced a temporary final rule to change certain H-2B requirements to help support the U.S. food supply chain, maintain essential infrastructure operations and reduce the impact from the coronavirus (COVID-19) public health emergency.  READ MORE

 

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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the law firm to send you free written information about their qualifications and experience.

 

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