Trump Administration reinterpreting 2008 Vietnam War Agreement.

Client Alert: Trump Administration Reinterpreting 2008 Vietnam War Agreement

On Wednesday, December 12, 2018, the Trump administration unilaterally decided to reinterpret an agreement from 2008 between the United States and Vietnam. This 2008 agreement discussed the proper procedure for how to deport a Vietnamese national from the United States with a final order of removal. However, the agreement specifically stated that these procedures would not apply to any Vietnamese national who entered the United States prior to July 12, 1995. This date was chosen as it was the first time the United States and Vietnam officially re-established diplomatic relations after the end of the Vietnam War. Its purpose was to protect those who had fled as refugees from the Vietnam War, and therefore do not see Vietnam as their home anymore.

Now, the Trump administration is re-interpreting this agreement, without consulting Vietnam, to mean that the U.S. government is not completely unable to remove people to Vietnam, even if they arrived before 1995. While details have not been provided at this time, it looks like the Trump administration is specifically looking to apply its reinterpretation to those with final orders of removal, or those who have certain criminal convictions.

Since we are not entirely sure how the Trump administration plans to implement this reinterpretation, we suggest that individuals who are a part of the following groups exercise caution:

1) Anyone with a final order of removal from an immigration judge should be careful to follow all rules, laws, and regulations in an effort to avoid interaction with law enforcement. Those with final orders AND criminal convictions should be especially cautious.

2) Anyone who has criminal convictions should avoid international travel in an abundance of caution. CBP officers could potentially reinterpret eligibility for removal and initiate removal proceedings, even if the convictions are old.

Should you have further questions regarding this policy, click here or call (949-383-5358) to schedule consultations to discuss your specific case, or provide “Know Your Rights” information regarding ICE Officers ability to enter your home. If anything dramatically changes regarding this policy, we will issue another update.

David Hirson & Partners, LLP Offers L-1A/EB-1C Visa Insights

David Van Vooren, Partner at David Hirson & Partners, LLP, recently authored an insightful article published in the China ImmiMarket Magazine. The article is titled: “How U.S. Franchises Can Support L-1A and EB-1C Visas” and has been published in Chinese in order to educate those individuals from China who are interested in combining franchise opportunities with their U.S. immigration plans.

David Van Vooren published an article in the China ImmiMarket Magazine.

(English version is available upon request.)

David Van Vooren works extensively on the EB-5 immigrant investor program and also has substantial experience advising foreign investors and entrepreneurs on U.S. immigration matters relating to L-1 and E-2 cases that involve startup companies in the U.S. David also speaks and reads Mandarin Chinese with a high level of proficiency, and he previously worked in the Shanghai office of an international law firm.

David and our knowledgeable team of attorneys are available to discuss:

  • how to grow your franchise by using foreign capital or
  • how your U.S. immigration options can be paired with running your own franchise business.

Call (949-383-5358) or complete the Contact Us Form to schedule a consultation.

Congress and President Trump extend Eb-5 regional program for two more weeks.

U.S. Congress and President Trump Extend the EB-5 Regional Center Program for 2 Weeks

Last Friday (December 7, 2018), President Trump signed a 2-week “stopgap” (a.k.a. extension) spending bill that allows the U.S. government to continue operating until December 21, 2018. This extension also includes allowing the EB-5 regional center program to continue until December 21st. Congress and President Trump are still negotiating what to do after December 21st. There are a number of issues that are being debated right now, including funding to build a wall on the U.S. Mexico border.

While we do not expect EB-5 to be discussed or debated in Congress right now, we do expect the EB-5 regional center program to be continued to some point in time next year. We will let our readers know more as soon as we learn more.

We urge you to contact us with any further questions you may have about the EB-5 immigrant investor program or any other U.S. immigration program. Our team of successful corporate immigration attorneys can help you.