Visa Lawyer Blog

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somalia-1758976_1280In this post, we share with you some great news for Somalian nationals under Temporary Protected Status (TPS) in the United States.

The Biden administration has made the decision to extend Temporary Protected Status for Somalian nationals currently receiving protections under the program for 18 months from September 18, 2024 through March 17, 2026.

A notice has been published in the Federal Register with information about how to register for TPS under Somalia’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

Current TPS beneficiaries who wish to extend their status through March 17, 2026, must re-register during the 60-day re-registration period from July 22, 2024, through September 20, 2024, to ensure they keep their TPS and employment authorization.

Extension of Somalia’s Designation for TPS

On July 19, 2024, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from September 18, 2024, through March 17, 2026 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

The extension of TPS for Somalia will allow approximately 600 current beneficiaries to retain TPS through March 17, 2026, if they re-register and continue to meet TPS eligibility requirements.

The redesignation of Somalia for TPS also allows an estimated 4,300 additional Somali nationals to file initial applications for TPS, if they are otherwise eligible. Such individuals must have established residence in the United States on or before July 12, 2024, and have maintained continuous residence since then.

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state-2731980_1280In this blog post, we share with you an important announcement from the United States Citizenship and Immigration Services (USCIS).

On July 8, 2024, the Department of Homeland Security announced an extension of Temporary Protected Status (TPS) benefits for Yemeni nationals for an 18-month period beginning from September 4, 2024 through March 3, 2026.

The Biden administration has made the decision to extend Temporary Protected Status for Yemeni nationals due to ongoing armed conflict and extraordinary and temporary conditions that prevent Yemeni nationals from safely returning to their home country.

Yemeni nationals (and individuals having no nationality who last habitually resided in Yemen) continuously residing in the United States since July 2, 2024, are eligible for Temporary Protected Status under Yemen’s designation.

Existing beneficiaries of TPS may re-register to maintain their benefits during the 60-day re-registration period that runs from July 10, 2024, through September 9, 2024.

Those who do not currently have TPS but who qualify for TPS benefits can register from July 10, 2024, through March 3, 2026.

It is important for re-registrants to timely re-register during the registration period and not wait until their Employment Authorization Documents (EADs) expire, as delaying reregistration could result in gaps in their employment authorization documentation.

The main benefit of applying for TPS is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

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international-2693195_1280We are pleased to report that the Department of Homeland Security recently issued a notice in the Federal Register extending Haiti’s designation for Temporary Protected Status (TPS) for an 18-month period, from August 4, 2024 to February 3, 2026.

Those who qualify will be eligible to apply for an Employment Authorization Document (EAD) that is valid for the duration of the TPS country designation.

The redesignation was made based on the Secretary of Homeland Security’s assessment that Haiti faces challenges that warrant ongoing humanitarian assistance based on the regional violence and insecurity throughout the country.

Who qualifies?

You may be eligible to apply for TPS under Haiti’s designation if you continuously resided in the United States on or before June 3, 2024, and have remained continuously physically present in the United States since that date.

However, if you arrived in the United States after June 3, 2024, you are not eligible for TPS under Haiti’s designation.

It is estimated that Haiti’s redesignation will allow approximately 309,000 additional Haitian nationals to file an initial TPS application if they are otherwise eligible.

Haitian TPS recipients will also be allowed to retain their TPS benefits upon their re-registration.

First Time Applicants

Under the redesignation of TPS for Haiti, eligible individuals who do not have TPS may submit an initial Form I-821, Application for Temporary Protected Status, during the initial registration period that runs from July 1, 2024 through February 3, 2026.

Applicants can apply for a TPS-related EAD by submitting a completed Form I-765, Application for Employment Authorization, with their Form I-821, or separately later. The I-765 form can be filed online.

Re-registration for current TPS recipients

Current beneficiaries under TPS must re-register during the 60-day re-registration period that runs from July 1, 2024, through August 30, 2024. Qualifying beneficiaries who re-register and continue to meet the TPS eligibility requirements will be able to retain their TPS benefits and employment authorization.

Re-registration is limited to individuals who previously registered for and were granted TPS under Haiti’s initial designation.

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Source: Flickr Creative Commons Attribution Gage Skidmore

A estas alturas ya habrás visto los titulares de las noticias. Ahora analicemos la nueva acción ejecutiva histórica del Presidente Biden sobre inmigración y vayamos al meollo de todo lo que necesitas saber sobre esta orden diseñada para mantener unidas a las familias y brindar más oportunidades a los Dreamers.

Proceso para Promover la Unidad y Estabilidad de las Familias– Legalización de cónyuges Indocumentados de Ciudadanos Estadounidenses

Hoy, 18 de junio de 2024, el Presidente Biden anunció un nuevo proceso que permitirá la protección y legalización de los cónyuges indocumentados de ciudadanos estadounidenses que hayan residido en los Estados Unidos durante al menos diez años a partir del 17 de junio de 2024.

En virtud de la autoridad ejecutiva del Presidente, el Departamento de Seguridad Nacional (DHS), en coordinación con los Servicios de Ciudadanía e Inmigración de los Estados Unidos (USCIS), crearán un nuevo programa discrecional de “permanencia temporal” para que los cónyuges indocumentados de ciudadanos estadounidenses legalicen su estatus mientras permaneciendo en los Estados Unidos.

Aquellos que sean aprobados después de la evaluación caso por caso de su solicitud por parte del DHS tendrán un período de tres años para solicitar la residencia permanente. A los elegibles se les permitirá permanecer con sus familias en los Estados Unidos y ser elegibles para una autorización de trabajo por hasta tres años.

Las personas deben cumplir ciertos requisitos de elegibilidad para convertirse en residentes permanentes legales (titulares de tarjeta verde) bajo este nuevo proceso,

A continuación se encuentran respuestas a preguntas frecuentes sobre esta orden ejecutiva.

Q: ¿Cuáles son los requisitos para que los cónyuges sean elegibles para solicitar el permiso de permanencia temporal y legalizar su estatus en los Estados Unidos?

Para ser considerado caso por caso para una concesión discrecional de permiso de permanencia temporal en virtud de este proceso, una persona debe:

  • Estar presente en Estados Unidos sin admisión ni permiso de permanencia temporal;
  • Haber estado presente continuamente en Estados Unidos durante al menos 10 años a partir del 17 de junio de 2024; y
  • Tener un matrimonio legalmente válido con un ciudadano estadounidense a partir del 17 de junio de 2024
  • No tener antecedentes penales que lo descalifiquen o de otra manera constituir una amenaza a la seguridad nacional o la seguridad pública y
  • Merecer un ejercicio favorable de discreción para recibir permiso de permanencia temporal

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Source: Flickr Creative Commons Attribution Gage Skidmore

By now you’ve seen the headlines in the news. Now let us break down President Biden’s historic executive action on immigration and get to the nitty gritty of everything you need to know about this order designed to keep families together and provide further opportunities for Dreamers.

Process to Promote the Unity and Stability of Families – Legalization of Undocumented Spouses of U.S. Citizens

Today, June 18, 2024, President Biden announced a new process that will allow for the legalization of undocumented spouses of U.S. Citizens who have been residing in the United States for at least ten years as of June 17, 2024.

By virtue of the President’s executive authority, the Department of Homeland Security (DHS) in coordination with the U.S. Citizenship and Immigration Services (USCIS) will create a new discretionary “parole in place” program for undocumented spouses of U.S. Citizens to legalize their status while remaining in the United States.

Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years.

Individuals must meet certain eligibility requirements to become lawful permanent residents (green card holders).

Below are answers to frequently asked questions regarding this executive order. 

Q: What are the requirements for spouses to be eligible to apply for parole and legalize their status in the United States?

To be considered for a discretionary grant of parole in place under this process, spouses of U.S. Citizens must:

  • Be present in the United States without admission or parole;
  • Have been continuously present in the United States for at least 10 years as of June 17, 2024; and
  • Have a legally valid marriage to a U.S. citizen as of June 17, 2024
  • Have no disqualifying criminal history or otherwise constitute a threat to national security or public safety and
  • Merit a favorable exercise of discretion to receive parole

Q: Are Noncitizen Children of Undocumented Spouses eligible for parole?

Yes. In addition to undocumented spouses of U.S. Citizens, their noncitizen children may also be considered for parole on a case-by-case basis under this process along with their parent, if they are:

  • Physically present in the United States without admission or parole and
  • Have a qualifying stepchild relationship with a U.S. citizen parent as defined by the Immigration and Nationality Act as of June 17, 2024

To qualify as a stepchild under the Immigration and Nationality Act, the noncitizen child must be unmarried, under the age of 21, and the marriage of their noncitizen parent and U.S. citizen stepparent must have taken place prior to the child’s 18th birthday.

Q: How is this new parole program different from the current laws in place?

This new “parole in place” program will eliminate the need for spouses of U.S. Citizens to travel outside of the United States to legalize their status through what is known as an extreme hardship “waiver” process.

The “waiver” process is an extremely cumbersome and lengthy process that requires the undocumented spouse to depart the United States and be interviewed and approved for an immigrant visa overseas. Only once the visa is issued can the applicant return to the United States.

This process has unnecessarily torn families apart and created much fear and uncertainty among applicants forced to remain away from their families for prolonged periods of time. Many applicants are the sole providers for their families and take care of children with disabilities, making this process extremely difficult to bear.

This executive action will instead open a pathway to permanent residence by allowing eligible undocumented spouses of U.S. Citizens to adjust their status to permanent residence while in the United States, without requiring them to depart the country.

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joshua-sukoff-SYHi8oX0JC8-unsplash-scaledThis is a developing story

The world of immigration has been shaken up by new reports that the Biden administration intends to release a groundbreaking executive action on immigration. The President’s order could soon allow spouses of U.S. Citizens to legalize their status in the United States.

According to government officials speaking on condition of anonymity, full details of the executive action are expected to be released as early as Tuesday – the twelfth anniversary of the Deferred Action for Childhood Arrivals (DACA) program. If passed, it would be one of the largest immigration relief proposals in recent history.

Essentially, a plan has been in the works to create a program known as “Parole in Place” that would offer work permits and deportation protections to undocumented immigrants married to U.S. Citizens, so long as they have lived in the United States for at least 10 years.

Such a program would eliminate the need for spouses of U.S. Citizens to travel outside of the United States to legalize their status through an extreme hardship “waiver” process, that has posed obstacles for many to become legalized.

Instead, the program would open a pathway to permanent residence for spouses of U.S. Citizens to adjust their status to permanent residence from the United States, without having to depart the country.

If passed, the White House’s measure could benefit more than 1.1 million undocumented spouses of U.S. Citizens, if they can meet the eligibility requirements.

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student-5473769_1280A new California legislative bill known as AB 2586 may soon grant undocumented students the ability to work on college campuses without having a work permit.

The assembly bill introduced by David Alvarez is meant to provide relief to the millions of undocumented students unable to apply for employment authorization under the Deferred Action for Childhood Arrivals (DACA) program.

As our readers may know, U.S. Citizenship and Immigration Services (USCIS) stopped processing new DACA applications in 2017, when former President Donald Trump rescinded the program. Since then, only renewal applications have been accepted by USCIS, putting millions of undocumented students out of work who can no longer apply for and obtain work permits.

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We are pleased to announce that the U.S. Citizenship and Immigration Services (USCIS) will soon publish a new temporary final rule in the federal register aimed at streamlining the processing of renewal applications for Employment Authorization Documents (also known as EADs) and increasing the automatic extension period of EADs.

What does this new rule propose?

The new temporary final rule (TFR) proposes an increase of the automatic extension period of certain employment authorization documents (EADs) from up to 180 days to up to 540 days from the expiration date printed on EADs.

Who will benefit?

This automatic extension will benefit employment-authorized noncitizens to prevent workforce interruption for those that have pending employment authorization renewal applications with USCIS, which were timely and properly filed on or after October 27, 2023.

Additionally, to be eligible for the automatic extension, the EAD renewal application must still be pending with USCIS on the date of the rule’s publication in the Federal Register on April 8, 2024.

It will also benefit any eligible applicant who files a renewal EAD application during the 540-day period beginning on or after April 8, 2024 (the date of the rule’s publication in the Federal Register).

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We are excited to report that the U.S. Citizenship and Immigration Services (USCIS) recently announced that they will begin fast tracking employment authorization documents (EADs) for eligible refugees after being admitted to the United States.

This new process will allow refugees admitted into the United States on or after December 10, 2023, to receive their EADs within just 30 days of entry. Eligible refugees will no longer be required to file Form I-765 Application for Employment Authorization by mail. Instead, USCIS will automate the process by digitally creating a Form I-765 for arriving refugees and begin adjudicating the application as soon as they are admitted into the country.

This will provide enormous benefits for refugees since they will no longer need to wait several months before they can begin working in the United States, making the process much more seamless.

Under the new system, refugees can expect to receive their EADs in the mail in just one to weeks after the approval of Form I-765.

USCIS will also electronically provide the Social Security Administration with the information required to assign a Social Security number and mail Social Security cards to refugees.

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Great news! The U.S. Citizenship and Immigration Services (USCIS) recently announced that eligible beneficiaries of the Uniting for Ukraine program, may apply to renew their parole and employment authorization starting February 27, 2024.

Who is eligible?

Ukrainian citizens and their immediate family members who were paroled into the United States on or after February 11, 2022, can apply for re-parole under the program. Using its discretion, USCIS can grant parole on a case-by-case basis.

To be eligible for re-parole, applicants must demonstrate the following:

  • You are a Ukrainian citizen or immediate family member who was paroled into the United States on or after February 11, 2022;
  • There are continued urgent humanitarian reasons or a significant public benefit for issuance of a new period of parole;
  • You warrant a favorable exercise of discretion;
  • You are physically present in the United States as a parolee;
  • You have complied with the conditions of the initial parole; and
  • You clear biographic and biometric background checks.

What benefits does the program provide?

The Uniting for Ukraine program allows eligible Ukrainians to remain in the United States temporarily and apply for work authorization, due to the extraordinary circumstances caused by Russia’s invasion in 2022. Since these circumstances continue to exist, USCIS will continue to accept requests for re-parole on a case-by-case basis.

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