USCIS Reaches U Visa Cap for Fiscal Year 2015

Contributed by Kim Tremblay, Associate Attorney

Every fiscal year, the United States Citizenship and Immigration Service (USCIS) has the authority to issue 10,000 U visas to immigrant victims of crime and their family members.  On December 11, 2014, USCIS announced that it had reached the 10,000 visa cap once again this year, for the sixth straight year.

Thus, U visa applicants with pending applications will have to wait at least until October 2016 for the release of 10,000 new visas.  In the meantime, USCIS will continue adjudicating applications and will notify individuals whether they qualify for a U visa and have been added to a waitlist.  Many individuals added to the waitlist qualify for employment authorization and renewal of that authorization while they are waiting for their U visa to be issued.   

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DAPA Guidelines Imminent

Contributed by Koby Polaski, Senior Attorney

On January 5, 2015, we anticipate that the Obama Administration will release additional guidelines regarding the implementation of Deferred Action for Parental Accountability (DAPA).

Pursuant to President Obama’s Executive Action on immigration, we know that DAPA applicants must have lived in the United States since January 1, 2010; have a US citizen or Lawful Permanent Resident child; paid taxes in the United States for the last five years; and the applicant must not be an enforcement priority of Immigration and Customs Enforcement. Although we have general information, the anticipated guidelines should address many unanswered questions and will hopefully provide critical information on the implementation and application procedure for the DAPA program.

Stay tuned to our blog for the latest developments, or call Joseph Law Firm, P.C. at (303) 297-9171 to set up an appointment to discuss your eligibility for DAPA. 

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UPDATE: ICE to Close Detention Center in Artesia, New Mexico; Denver Immigration to Continue Hearing Cases

Contributed by Kim Tremblay, Associate Attorney

Immigration and Customs Enforcement (ICE) announced in November that it would close its detention center in Artesia, New Mexico.  Since June, ICE had been detaining migrant adults found with their children near the border at this facility.  The migrants are detained while the immigration court processes their cases.  ICE will move the detainees to another facility in Dilley, Texas sometime in December.  

Two immigration court judges in Denver had been conducting hearings for the Artesia detainees via video conference since September.  Their regular dockets were cancelled and cases were taken off the calendar on a rolling basis, about three weeks in advance.  Contrary to previous announcements, these two judges will continue to hear these cases on a full-time basis.  Their regular cases will continue to be cancelled and taken off the calendar indefinitely.    

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Department of State Announces In-Country Refugee/Parole Program

Contributed by Melanie Corrin, Partner

On December 4, 2014 the United States Department of State announced the launch of an in country refugee/parole program in El Salvador, Guatemala, and Honduras to provide a safe, legal, and orderly alternative to the extraordinarily dangerous journey that tens of thousands of children are undertaking to escape violence and fear in their home countries.  This program will allow certain parents from one of these three countries who are lawfully present in the United States to request to bring their children to the United States as refugees via the U.S.

Additionally, children who are found ineligible for refugee admission, but are still at risk of harm, may be considered for parole on a case-by-case basis.  The refugee/parole program will not be a pathway for undocumented parents to bring their children to the United States.  Instead, the program will provide certain vulnerable, at risk children with an opportunity to be reunited with parents lawfully present in the United States.

A fact sheet in English and Spanish describing the program can be found on the Department of State website:

http://www.state.gov/j/prm/releases/factsheets/2014/234067.htm

Applications for this program may be initiated by a lawfully present parent in the United States, and while there will not be a fee associated with the form, parents are expected to pay to cover the initial costs of DNA testing to confirm claimed biological parent/child relationships.

Forms will not be available on the Department of State website to the general public and cannot be completed without the assistance of a Department of State funded resettlement agency.  These nearly 350 resettlement agency affiliates are located in more than 180 communities throughout the United States.

http://www.wrapsnet.org/CAMProgram/tabid/420/Default.aspx

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