Is the Weather Affecting your Case??

Contributed by Melanie Corrin, Senior Attorney

It is no secret that the weather across the United States over the 2013-2014 Winter has been extreme, but what is the effect on immigration cases?  Immigration Courts nationwide have closed a total of thirteen times since the beginning of the year and Citizenship & Immigration Services offices nationwide have closed thirty times this year.  With Courts facing a shortage of judges and support staff due to budgetary constraints and adjudication times increasing at the Citizenship & Immigration Service, one cannot help but wonder if these additional closures will further delay the processing of cases. Joseph Law Firm, P.C. closely monitors pending cases and can discuss this, or any other potential issue with you at any time.  Please feel free to contact us.

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USCIS Extends TPS Registration for Haitians

Contributed by Kim Tremblay, Associate Attorney and Zalifata Gambor, Receptionist

On March 3, 2014 DHS announced that it was extending Temporary Protected Status (“TPS”) for Haitians in the United States.  DHS first announced the availability of TPS for Haitians in January 2010.

If you currently have TPS and have maintained your status, you must reregister during the reregistration period.  This period will be between March 3, 2014 and May 2, 2014.   Your status will be extended until January 22, 2016.  The employment authorization document that you have will be automatically extended until January 22, 2015 while you are waiting for your new employment authorization document. 

If you do not currently have TPS or if you did not reregister, you may register if you meet certain conditions. For example, if you could not register because of compelling circumstances, you may be eligible to do so now.  You should consult an immigration attorney to determine whether you meet the conditions for late initial registration or late reregistration.

Le TPS pour les Haïtiens

Ecrit par Kim Tremblay, Avocate Associée et Zalifata Gambor, Réceptionniste

Le 3 mars 2014, DHS a annoncé le prolongement  du Statut de Protection Temporaire (connu sous l’acronyme “TPS”) pour les Haïtiens qui vivent aux États-Unis.  DHS a initialement annoncé la disponibilité du TPS pour les Haïtiens en janvier 2010.

Si vous avez actuellement le TPS et avez maintenu votre statut, vous devez vous enregistrer de nouveau durant la période de renouvellement.  Cette période sera entre le 3 mars et le 2 mai 2014.  Votre statut sera prolongé jusqu’au 22 janvier 2016.  Le document d’autorisation d’emploi que vous possédez sera automatiquement prolongé jusqu’au 22 janvier 2015 pendant que vous attendez d’obtenir votre nouveau document d’autorisation d’emploi. 

Si vous n’avez pas actuellement le TPS ou vous n’avez pas renouvelé votre enregistrement, vous pouvez vous enregistrer si vous répondez aux critères demandés.  Par exemple, si vous ne vous êtes pas enregistrés à cause de circonstances graves, il est possible que vous puissiez vous enregistrer maintenant.  Vous devriez consulter un avocat ou une avocate spécialisé(e) en immigration pour déterminer si vous répondez  aux conditions demandées pour l’enregistrement initial tardif ou le renouvellement tardif.

For more information: 

http://www.uscis.gov/news/temporary-protected-status-extended-haitians

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DACA Renewal Procedure TBD

By Kim Tremblay, Associate Attorney

A year and a half has already passed since USCIS accepted and approved the first applications for Deferred Action for Childhood Arrivals (“DACA”) in August 2012.  As DACA is granted for two years, many early DACA grantees are starting to think about renewing their status in the fall.  USCIS has not yet put into place the procedure to renew DACA. 

However, guidance has been issued for renewal of DACA applications filed with ICE between June 15 and August 15, 2012.  Most DACA applicants are not covered by these guidelines, but those who are should apply for renewal following USCIS’s  instructions 120 days before their DACA status expires.

More relevant to most DACA applicants, in December, USCIS posted drafts of the new I-821D application form and instructions online to solicit comments from the public.  Although it contains a section on renewal, the information is somewhat incomplete.  USCIS states on its website that final guidelines should be released in the next few months.  Hopefully, the agency will post something in April at the latest, to enable those with DACA expiring in August to apply for renewal 120 days before their status expires.     

What can DACA grantees do to prepare in the meantime?  First, they should periodically check the USCIS website for renewal information.  They should put money aside for the $465 filing fee, start gathering the supporting documents needed for renewal of the I-765 Employment Authorization Document, and be prepared to possibly document physical presence since being granted DACA.  They should also obtain paperwork regarding any new educational achievements or arrests, and consult an attorney if they have been arrested since obtaining DACA to confirm continued eligibility.  In addition, DACA applicants should contact their attorneys about six months before their status is set to expire.  This preparatory list is tentative, not exhaustive, and does not represent all the documents needed for renewal, but should provide applicants with a bit of guidance on how to start getting ready. 

Finally, individuals who think they qualify for DACA and have not applied can still do so and should consult and immigration attorney or accredited representative. 

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The Citizenship and Immigration Services Announces Enhanced E-Verify and Form I-9 Customer Support

Contributed by Melanie Corrin, Senior Attorney

On February 24, 2014 the United States Citizenship & Immigration Service announced a new customer service

option for individuals with questions about E-Verify, Form I-9, and Self Check.  Customers calling in will hear a new series of messages when calling the toll-free customer service number.

The new, enhanced options will give callers the option to use their voice or touch tone phone to navigate

to automated answers or a customer service representative.  The service includes “Intelligent call routing”
so that customers can be sent to the next available agent.

Live assistance is available Monday through Friday from 8:00 am EST to 5:00 pm local time, except on federal holidays.  Please contact the Joseph Law Firm, P.C. if you have questions about E-Verify, Employer Compliance, or any other immigration concerns. 

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Report Confirms Employer Fines for Lack of I-9 Compliance Have Skyrocketed

Contributed by Aaron Hall, Senior Attorney

 

Immigration and Customs Enforcement (ICE) enforces compliance with I-9 completion and retention requirements with administrative inspections of employers’ I-9 forms, initiated either from complaints received by the ICE tip line or from internal initiatives.  During the inspections, ICE looks for substantive and technical violations and will issue one of three dispositions:

(1) Compliance: No technical or substantive violations in paperwork and no unauthorized workers are identified, or technical paperwork violations are corrected in a timely manner (adjusted compliance).

(2) Warning: Violations are identified, but there is the expectation of future compliance by the employer.

(3) Fine: The employer has not acted in good faith and has substantive paperwork violations (usually, more than 50 percent of I-9 forms include substantive errors), which warrant a fine.

If ICE decides to impose a fine, it will receive a Notice of Intent to Fine.  The employer can attempt to negotiate a lower fine or may request a fine reduction with an administrative law judge.

According to a recent report from the Office of the Inspector General, between 2009 and 2012, almost a third of all inspections originating from the Denver ICE Office resulted in fines.  Nationally, $31.2 million in fines were issued by ICE between 2009 and 2012.  The $31.2 million total dwarfs the total of $1.5 million for fiscal years 2003 through 2008.  This is due to ICE’s 2009 implementation of a new strategy focusing on employers. 

ICE’s focus on enforcement through heavy employer fines is expected to continue.  If you have received a notice that ICE will be conducting an inspection or a Notice of Intent to Fine, contact our office as early in the process as possible to try to reduce any fines you may receive.  If you have not received any notice of an ICE audit but think that your I-9s may not be properly completed or retained and would like advice on how to minimize liability and ensure future compliance, contact us for a consultation.

Related Links:

Office of Inspector General Report

Joseph Law Firm Page on Compliance and I-9 Audits

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All You Need is Love?

Contributed by Kim Tremblay, Associate Attorney

As Valentine’s Day is approaches, if you are involved in a dual nationality romance, you might be longing for your foreign partners and wishing that he or she was in the United States.  Others with partners already in the United States may be fantasizing about finally getting their partner lawful status.  In popular culture and in the minds of many, marrying a United States citizen is an automatic ticket to United States citizenship.  In both my professional experience as an immigration attorney and personal experience as a Canadian immigrant married to a U.S. citizen, I can assure you that this is untrue.  In reality, when the process goes well, it can feel invasive, requires payment of many filing fees, has several steps, and involves lots of paperwork and waiting.  When the process does not go smoothly, it can lead to heartbreak and the inability for the partners to live together in the United States.  However, the aforementioned hassles will melt into the distant past once you are able to gaze lovingly into your lawful permanent resident spouse’s eyes. 

What must a dual nationality couple do to live happily ever after in the United States?  The answer to that question is quite complex and depends on a host of factors, including, but not limited to, the foreign partner’s immigration history, location, and  health; both partners’ criminal histories; the United States partner’s financial situation and immigration status; and whether the couple is already married or has met.  Depending on these factors, the best route may be a fiancé visa and subsequent adjustment of status in the United States, consular processing of an immigrant visa, or adjustment of status in the United States.

Before choosing any of these options, you must not be missing that crazy little thing called love.  Indeed, to obtain immigration benefits based on a marriage, a couple must show that they intended to establish a life together when they married.  Getting married solely to obtain a green card and without such intent constitutes marriage fraud.  Not only can the foreign applicant be deported and barred permanently from coming to the United States in the future, both parties can be fined up to $250,000 and face up to five years of imprisonment.  They say money can’t buy you love.  It can’t buy you a marriage-based green card either!

 

Given the multitude of factors at play, the risk of costly errors, and the different strategies available, a prenuptial consultation with an immigration attorney is always a good start.  An immigration attorney will be able to recommend the best course of action and expertly guide you through the process.  Happy Valentine’s Day!

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Is Immigration Reform Still Possible?

Contributed by Melanie Corrin, Senior Attorney

2013 was thought by many immigration practitioners to be the year of comprehensive immigration reform.  After months of effort, thousands of pages of writing, a well debated and passed Senate bill, and then…nothing.  Comprehensive immigration reform stalled in the House of Representatives and a New Year began without reform.  Now, as we settle into the second half of the current Congress, last year’s events have many wondering whether the desperately needed reforms will come to fruition.  The answer is, it can, and it needs to.  There has never been a time when it is more clear that our nation’s immigration laws need to change,  need to catch up to the realities of our global economy and global society, need to recognize that businesses, families, schools, enterprise, and the nation all depend on immigrants.  Keep your eye trained towards the Joseph Law Firm blog and website for the most current and up to date information on immigration reform!  Hopefully 2014 will be the year!      

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USCIS Announces: Evidence of a Criminal Record is Not Automatic Grounds for Denial of A Provisional Waiver

Contributed by Amber Blasingame, Associate Attorney

On January 24, 2014, the US Citizenship and Immigration Services posted long-awaited guidance on the application of the “reason to believe” ineligibility standard for provisional waivers of unlawful presence. USCIS has agreed that evidence of a criminal record is not grounds for an automatic rejection or denial of a provisional waiver.

Approval of a provisional waiver only “forgives” an applicant’s unlawful presence in the United States. If the only ground of inadmissibility is unlawful presence, then an applicant may apply for a provisional waiver prior to attending her immigrant visa interview at a US Consulate outside of the United States.  However, an applicant who may be subject to any other grounds of inadmissibility, such as certain criminal convictions, is ineligible for a provisional waiver. Applicants who may be eligible for a waiver of unlawful presence, but may also need additional waivers, must apply for the waivers at the US Consulate at the time of the immigrant visa interview and remain outside of the United States until USCIS adjudicates the waiver applications.

Since the executive order became effective on March 4, 2013, USCIS has applied a hardline approach and rejected or denied many applicants for provisional waivers with any criminal record, minor or otherwise, and even applications with evidence of minor traffic citations. In almost all cases, USCIS denied these applications without so much as a Notice of Intent to Deny which would have provided an applicant the opportunity to prove a prior offense would not subject the applicant “to grounds of inadmissibility other than unlawful presence at the time of the immigrant visa interview.”

The agency’s hardline approach on provisional waivers was almost immediately challenged by immigration legal practitioners and advocates. Eventually, USCIS suspended adjudication of any provisional waiver pending with a criminal record to reconsider its approach.

The field guidance issued by US Citizenship and Immigration Services to examining officers instructs officers to “review all evidence in the record, including any evidence submitted by the applicant or the attorney of record,” to determine if an applicant, with or without a criminal record, may be subject to other grounds of inadmissibility. If the criminal offense “falls within the ‘petty offense’ or ‘youthful offender” exception OR “is not a CIMT [Crime Involving Moral Turpitude] . . . , then USCIS officers should not find a reason to believe that the individual may be subject to inadmissibility . . . solely on account of that criminal offense.”

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Baby, Baby, Baby, Nooooo!!! Petition to White House to Deport The Biebs?

Contributed by Aaron Hall, Senior Attorney

Justin Bieber, a Canadian citizen, is in trouble with the law here in the U.S. for the second time this month.  First, officials in California searched his home in an investigation into $20,000 of damage to a neighbor’s home done with eggs (that is either a lot of eggs or a really fragile home).

Now, in Florida, Bieber was arrested and charged with drunk driving, resisting arrest, and driving without a valid license after police officers found him drag racing on the streets of Miami at 4 a.m.  Bieber also reportedly admitted to drug use that night in statements to police.

Bieber is currently in the United States on a nonimmigrant O-1 visa.  Speculation has started in the media about whether the criminal charges case could lead to his deportation.  In fact, a petition is being circulated for submission to the White House requesting that he be deported for “threatening the safety of our people” and being “a terrible influence on our nation’s youth.”  If the petition receives over 100,000 signatures, the White House will offer an official response.

The government could charge Bieber with being deportable for having committed a crime involving moral turpitude for a conviction for resisting arrest depending on what he is sentenced to and what the maximum sentence is.  If he were convicted of a drug offense, the chances of becoming deportable would be even greater.  Even if he is not put into deportation proceedings, any convictions and his confessions to illegal drug use will be taken into account when immigration officials make decisions on future applications for visas and other immigration benefits.  If Bieber thinks his celebrity status guarantees that immigration officials will him slide, he would do well to read up on the late Amy Winehouse’s experience with U.S. immigration officials.  Winehouse was denied a visa to enter the U.S. to perform at the Grammy awards after being questioned about drug abuse. Bieber could be headed for a similar fate if he continues on the current path.

Related Links:

CNN Story on Bieber Arrest

LA Times: “'They finally caught him!' ex-NFL neighbor says”

 

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Noncitizens with Legal Documents Face Danger at DMV

Contributed by Aaron Hall, Senior Attorney

One of the first things that many noncitizens want to do after getting immigration status is to go to the Department of Motor Vehicles (DMV) and get their driver’s licenses.  Unfortunately, for more and more noncitizens, the simple process of trying to get a driver’s license can end up leading to felony criminal charges and deportation.

The process, which seems to be happening more and more often, generally goes something like this:  A noncitizens who has previously applied for or obtained a license or ID under a fake name gets legitimate immigration status or work authorization from Department of Homeland Security (DHS).  When he takes his legitimate documents to apply for a license, the DMV matches the person to the previous attempt to get a license under a fake name.  The match to the previous application for a license with false information is generally made through fingerprints or through facial recognition software.  Then, DMV will just let the applicant know that there is an issue and “invite” them to come back in for a meeting with an investigator to discuss the matter.  At that meeting, an officer will try to get the noncitizen to confess to fraudulently trying to get an ID in the past.  After the confession, an arrest soon follows.

Noncitizens can be charged with multiple felonies on these cases, including the attempt to influence a public official, forgery, criminal impersonation, and identity theft.  After the arrest, the information is turned over to immigration officials to be used against the noncitizen in deportation proceedings.  Convictions for these charges can have devastating immigration consequences.

The bottom line is that noncitizens applying for their licenses must know that information they give officers at the DMV can be used against them to support serious criminal charges.  Any noncitizen who has ever applied for an ID by giving any false information must be especially careful and should seek qualified immigration and criminal defense counsel before applying for a driver’s license.  If the noncitizen finds himself in a situation where he is being questioned about past applications, he should request the opportunity to consult with a lawyer and invoke his right to remain silent.

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Happy New Year! Don’t Party too Hard.

Contributed by Kim Tremblay, Associate Attorney

This week, many of us are stocking up on goodies to celebrate the beginning of a new year: caviar, champagne, marijuana.  Well, technically Coloradans can start purchasing marijuana for their personal consumption on January 1, 2014 when special retail shops will be permitted to open. This results from Colorado voters approving a ballot measure in November 2012 that decriminalized marijuana possession of one ounce or less for adults over 21 and regulates the cultivation and sale of marijuana. 

However, immigrants should find alternate ways to celebrate.

Although the federal government announced its marijuana related enforcement priorities in August 2013, namely that it would focus on protecting minors from marijuana and preventing criminal involvement in the industry, at the federal level, marijuana is a controlled substance and it is a crime to possess it or to engage in its production or distribution. 

Of specific concern to immigrants is that immigration matters are regulated by federal law, which has not changed with regards to marijuana.   Under immigration law, there are many areas related to controlled substances that could be problematic for marijuana users, producers, and distributers.   Please see my previous blog regarding these issues: http://josephlawfirm.blogspot.com/2012/12/immigrants-should-not-break-out-cheetos.html. 

You may want to just stick to caviar.  Happy New Year!

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CBP Announces Joint Customs Declarations for Same-Sex Couples

Contributed by Bryon Large, Senior Attorney

United States Customs and Border Protection (CBP) today announced revisions to its regulations regarding joint filing declarations upon entering the United States.  CBP has expanded the definition of “members of a family residing in one household” to include long-term same-sex couples and other domestic relationships without dependence on a traditional marriage.  Same-sex spouses are now free to file only one customs declaration when entering or returning to the United States. 

According to CBP’s press release today, also included in domestic relationships are “foster children, stepchildren, half-siblings, legal wards, other dependents, and individuals with an in loco parentis or guardianship relationship.”  Furthermore, long-term permanent partners are included, regardless of whether they are married, in civil unions or in domestic partnerships.  To file a joint declaration, a couple must simply share financial assets and obligations and not be married to, or a partner of, anyone else.

This is another amazing advance to legal recognition of relationships and equal treatment for couples, cutting down barriers and providing dignity and respect to our ever-evolving definition of family.

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USCIS Announces Reaching U Visa Cap

Contributed by Bryon Large, Senior Attorney

On December 11, 2013, USCIS announced that they have reached the statutory maximum of 10,000 visas issued for U-1 non-immigrant status for fiscal year 2014.  While we have yet to reach Christmas for the 2013 calendar year, the U.S. government’s fiscal year 2014 began on October 1, 2013 (remember the budget crisis?).  On October 1, USCIS began approving U visa petitions for people that were approvable after reaching the visa cap in the previous 2013 fiscal year.  Apparently, from those 2013 back-logged visa approvals and those approved during the previous two and a half months, they have already reached 10,000 visa non-immigrant status approvals in the current fiscal year.  By law, USCIS cannot approve any additional visas.

The regulations allow for approvable petitions to be given a conditional approval notice and placed on a waiting list for U visa status.  8 C.F.R. § 214.14(d)(2).  The regulations also allow for parole and/or deferred action, as well as employment authorization, to be granted to those people receiving a conditional approval notice.  Id. 

Given the volume of U visa status applications and the tremendous benefit they give to deserving victims of crimes, as well as the quite difficult state of current immigration law, it is not surprising that the 10,000 visa cap has been reached so early in the fiscal year.

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Attorney letter to Santa

Contributed by Bryon Large, Senior Attorney

 

Dear Santa,

I’m sure some Members of Congress are on your naughty list for failing to pass a comprehensive immigration reform bill.  On the other hand, I’ve been (mostly) a good boy this year, and I have the following wish list for my clients.  You see, if Congress can’t pass immigration reform, these are all things that can be done by the immigration agencies, without changes to existing law.  So please, Santa, could you bring us the following?

·         Parole – Authorizing parole for spouses of US citizens would make them eligible to apply for residency without triggering unlawful presence bars or requiring difficult waivers needed for family unity.

·         Deferred Action – Expanding the deferred action program to undocumented people present in the United States would allow them to seek employment authorization and other needed documents, such as drivers licenses.  It would also make them eligible to seek travel permits to return to their home countries for humanitarian, business, or educational reasons.

·         Longer Employment Authorization – In most cases, employment authorization documents (EAD’s) are issued for one year.  At $380 per renewal plus preparation fees, this is an exceptionally high cost for many people seeking to renew EAD’s each year.  The Department of Homeland could very easily approve EAD’s for a two-year period.  Particularly of interest would be cancellation of removal applicants whose cases were administratively closed.  Those applicants are often low-income people who incur a difficult financial hardship at each renewal.

·         Repapering Policy – With the Department announcing a liberal repapering policy, many people may benefit from having the “clock” reset on their physical presence in the United States.  Some people are now waiting up to five years or more to have their final removal (deportation) hearings held.  Oftentimes, benefits of applying for cancellation of removal are lost in the process as their physical presence to qualify for cancellation stops upon issuance of removal charges in immigration court. 

·         Increased Prosecutorial Discretion – Increasing the 2011 prosecutorial discretion program and broadening its scope would lead to more administrative closures of removal cases, alleviating the threat of deportation and the breakup of families.

All of these programs can implement the appropriate background investigations to screen for public safety and national security concerns.  Those with serious criminal histories can be excluded and those supporting their families can be included.

Please, Santa, if you could bring these gifts to my clients in the coming year I will be very grateful.  Have a talk with your elves at DHS and see if we can help some good people out.

The milk and cookies will be on the mantle, as usual.

Yours truly,

Bryon

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Record High Immigration-Related Criminal Prosecutions in Fiscal Year 2013

Contributed by Aaron Hall, Senior Attorney

The Transactional Records Access Clearinghouse (TRAC) from Syracuse University released a report on November 25, 2013, showing that there were nearly 100,000 criminal immigration prosecutions during the 2013 fiscal year.  TRAC compiled its data through information it obtained through the Freedom of Information Act.

The number of immigration prosecutions is up 22.6% over the past five years.  The vast majority of these prosecutions were for illegal entry under section 1325 of Title 8 of the U.S. Code and for illegal re-entry under section 1326 of Title 8 of the U.S. Code.  Entering or attempting to enter the country without inspection is a federal criminal offense, though in the past many if not most violators caught were released without criminal charges.

The Obama Administration has put an increased focus on criminally charging violators with illegal entry and especially with illegal re-entry after a deportation.  In fiscal year 2013, there were 76% more prosecutions against those charged with illegal re-entry after deportation compared the final year of the George W. Bush Administration.  Many charged with this offense are shocked when the learn that it carries a maximum punishment of 2 years imprisonment with the possibility of sentence enhancers taking it to a 10 or 20 year maximum depending on the individual’s immigration and criminal history.

The bottom line is that trying to enter the U.S. without inspection is a criminal offense with severe consequences including lengthy periods of imprisonment.  Noncitizens already in the United States facing deportation should know that illegal re-entry after the deportation is not a viable option and should consider fighting their case to stay here in removal proceedings.  For those abroad, entry without proper documentation is a criminal offense that could ruin any chances to move to or visit the U.S. in the future.

To speak with an immigration attorney about potential defenses against removal or about immigrant and nonimmigrant visas, call our office at 303-297-9171 and ask to set up a consultation.

Link to summary of the findings by TRAC

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Immigration Relief for Filipinos in the Wake of Typhoon Haiyan

Contributed by Kim Tremblay, Associate Attorney

If you are a citizen of the Philippines impacted by Typhoon Haiyan and currently have status in the United States or are waiting to obtain status, you may benefit from certain relief measures that the U.S. government has put into place.  For example, you may be able to extend your period of stay in the United States, request that your application for status or work authorization be expedited, or get help if you have lost your immigration documents.  Filipino students in the United States may also be able to request work authorization for off-campus jobs. 

The Department of Homeland Security (“DHS”) has yet to enact measures to grant Filipinos Temporary Protected Status (“TPS”).   DHS has the authority to grant temporary status to nationals of countries impacted by natural and human-made disasters.  Its most recent TPS designations include Haiti and Syria.  Thus, Filipinos should beware of claims that they are currently eligible for TPS and should look out for DHS updates on TPS for Filipinos.
If you think you can benefit from the measures described above, you should contact an immigration attorney for assistance.
For more information, see:

http://www.uscis.gov/news/alerts/uscis-reminds-filipino-nationals-impacted-typhoon-haiyan-available-immigration-relief-measures

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United States Citizenship & Immigration Service Addresses Delays in Processing Immediate Relative I-130 Petitions

Contributed by Melanie Corrin, Senior Attorney

Recently, in response to repeated discussions with stakeholders including the American Immigration Lawyers Association regarding serious delays in processing I-130; Immigrant Petitions for Alien Relatives, the United States Citizenship & Immigration Service stated that USCIS is focused on addressing the delays and believes it will again reach a five month average by May of 2014.  To address those petitions that have been filed in the last twelve months, USCIS began transferring a number of petitions to additional service centers to better focus their efforts, and reach the backlog.

If you have received a transfer notice, but have not yet heard from your attorney, please contact us.  Sometimes notices may not have reached us yet and we can ensure proper tracking of your petition. 

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USCIS Extends TPS Registration for Somalis

Contributed by Kim Tremblay, Associate Attorney

On November 6, 2013, DHS announced that it was extending Temporary Protected Status (“TPS”) for Somalis in the United States.  DHS first announced the availability of TPS for Somalis in 1991.

If you currently have TPS and have maintained your status, you must reregister during the reregistration period.  This period will be between November 1, 2013 and December, 31 2013.    Your status will be extended until September 17, 2015 once your application is approved.  The employment authorization document that you have will be NOT be automatically extended while you are waiting for your new employment authorization document.  Thus, it is important to file in a timely manner. 

If you do not currently have TPS or if you did not reregister during earlier reregistration periods, you may register now if you meet certain conditions. For example, if you could not register because of compelling circumstances, you may be eligible to do so now.  You should consult an immigration attorney to determine whether you meet the conditions for late initial registration or late reregistration.

For more information, see:

USCIS Website on TPS for Somalia:

http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/tps-designated-country-somalia/temporary-protected-status-designated-country-somalia

Federal Register:

http://www.gpo.gov/fdsys/pkg/FR-2013-11-01/html/2013-25969.htm

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USCIS Publishes Procedures for Consistent Adjudication of “Parole in Place”

Contributed by Amber Blasingame, Associate Attorney

On November 15, 2013, the US Citizenship and Immigration Services (USCIS) published a memorandum “to ensure consistent adjudication” of parole in place applications for family members of current and former military personnel.  The memo also amends sections of the Adjudicators Field Manual (AFM) concerning the ability of aliens granted parole under INA § 212(d)(5) to adjustment their status in the United States.

“Parole” is a temporary status which does not grant “admission,” but extends to the alien a fictional status allowing the alien access to the interior of the United States without “gain[ing] . . . foothold in the United States.”  Parole in place was “formally recognized” in a memo from the former Immigration and Naturalization Services (INS) in 1998.  Under the Immigration and Nationality Act, the agency may grant “parole” of an alien into the United States for humanitarian or public benefit reasons.  Generally parole is granted at a port of entry, but parole “in place” permits the government to grant the status of parole to an alien already in the United States. 

Prior to the memo, the individual, USCIS field offices determined eligibility and application procedures to apply for Parole in Place based on their separate interpretations of a combination of prior memorandums concerning parole.  The result was a hodge-podge of eligibility requirements that often narrowed the intent of Parole in Place for family members of military personnel.  The application process was equally as confusing even for those who fell under the narrow definition of eligibility.

According to the memo, the purpose of parole in place, among other initiatives in partnership with the Department of Defense (DoD), is to “assist military members, veterans, and their families to navigate our complex immigration system.”  The Department of Homeland Security (DHS) initiated parole in place for families of military personnel to alleviate the “stress and anxiety” stemming from the uncertainty of a family member’s immigration status in the United States.  The memo recognizes that such stress “adversely affect[s]” military preparedness.  By extension, however, the DoD and DHS agree that the same benefits should be extended to veterans to honor “a commitment that begins at enlistment, and continues as [military personnel] become veterans.”  Further, eligible family members include all immediate relatives of active duty and veteran military personnel: Spouse, children, and parents.

The memo prescribes a consistent procedure for adjudication of parole in place, which starts with an Application for Travel Document (Form I-131).  Applicants must also provide evidence of the qualifying relationship with the military personnel, as well as the military personnel’s status in the U.S. Armed Forces, Selected Reserve, or the Ready Reserve.  Further the memo states, “Absent a criminal conviction or other serious adverse factors, parole in place would generally be an appropriate exercise of discretion,” for the qualifying family member of a member of the US Armed Forces.

Also, as a result of the memo, an alien granted parole pursuant to INA § 212(d)(5) – parole in place as described above, as well as advanced parole or deferred inspection – may also qualify to adjust her status to permanent residence.  If the only obstacle to adjusting status for the immediate relative of a United States citizen is presence in the United States without admission, regardless of the time when and place where the alien entered the United States, then the grant of parole under such circumstances overcomes two requirements for adjustment: the alien must be “admissible” and have been “inspected and admitted or paroled.”  The agency’s previous interpretation of the law prohibited paroled aliens who had at anytime in the past entered without inspection, i.e., “illegally,” at any point other than a port-of-entry, from adjusting their status in the United States to permanent residence.  The amendment does not overcome any prior unlawful presence in the United States or any other grounds of inadmissibility.  However, for immediate relatives (spouse, child, or parent of a US Citizen) and in other limited circumstances, unlawful presence may also be forgiven under other sections of the Immigration and Nationality Act.

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Just One More Reason to Support Comprehensive Immigration Reform

Contributed by Kim Tremblay, Associate Attorney

Last month, many of us at the Joseph Law Firm had the chance to go see Just Like Us, the play based on Helen Thorpe’s book about four Latina teenagers, two of them documented, two of them not, and how their friendship and lives have been affected by this status.  The play is also set in the wider context of the struggle for immigrant rights and immigration reform in Colorado and the United States.   Fellow attorney Jennaweh Leyba and I had the added privilege of attending a dinner after the play during which the cast and crew discussed the creative process of the play and their personal experiences with immigration.  The play was fun and entertaining while being thought provoking and accurate about immigration issues and their complexity, a fact very much appreciated by the immigration attorneys in attendance.  

One of the main themes in the play is the struggles of young immigrants who came to the United States as children.  For example, the two main undocumented characters had to surmount many obstacles to attend college.  Despite their exceptional performance in school, they were not able to obtain federal financial aid or school sponsored scholarships because of their status.  Thankfully, the girls were some of the lucky few able to obtain help from private donors to finance their education.  Although this play had a happy ending, there are thousands of students across the country who have potentially bright futures obscured by their status.  Moreover, the characters still faced the struggle of finding work after graduation despite their status.  The Deferred Action for Childhood Arrivals (“DACA”) program is but a temporary solution for them.  I hope that the viewers of the play will not only think about the complexities of immigration, but be inspired to take action and pressure members of Congress to pass comprehensive immigration reform as well.   After the government shutdown was resolved last month, President Obama stated that he was renewing efforts to pass immigration reform; members of the House of Representatives are currently working on a bill regarding immigration, which will have to be reconciled with the Senate version passed earlier this summer.  Now may be the time to speak up!

It is not too late to see the play, it runs until November 4 at the State Theater:

http://www.denvercenter.org/buy-tickets/shows/just-like-us/about.aspx

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