Articles Posted in Policies

donald-2911302_1280La administración Trump planea revocar la libertad condicional CHNV dejando a miles sin estatus legal


En un sorprendente giro, CBS News ha publicado nueva información sobre planes inminentes de la administración Trump para revocar el estatus legal de aquellos a quienes se les concedió un permiso de permanencia temporal en el país a base de los programas para los cubanos, haitianos, nicaragüensens, y venezolanos (conocidos como CHNV).

Se estima que más de 530,000 cubanos, haitianos, nicaragüenses y venezolanos se encuentran actualmente en los EE. UU. bajo estos programas.

¿Qué es la permanencia temporal CHNV?


El programa de permanencia temporal CHNV fue promulgado por primera vez en 2023 por la administración Biden. Al igual que el programa de permanencia temporal de “Unidos por Ucrania,” los ciudadanos de los países que calificaban (Cuba, Haití, Nicaragua y Venezuela) debían tener un patrocinador en los EE. UU., pasar verificaciónes de seguridad, y cumplir con otros criterios para obtener la admisión a los EE. UU.

A los admitidos se les concedió la entrada a los EE. UU. por un período temporal de hasta dos años, incluyendo la capacidad de solicitar autorización de empleo temporal con el Servicio de Ciudadanía e Inmigración de los EE. UU. (USCIS).

Después de la orden ejecutiva firmada por el Presidente Trump titulada “Asegurando Nuestras Fronteras,” el dia 28 de enero USCIS dejó de aceptar el Formulario I-134A, solicitud para ser patrocinador para estos programas de permanencia temporal a la espera de revisiones adicionales.

Esta fue la primera señal de problemas para el programa CHNV. También vale la pena destacar que la página web de permanencia temporal CHNV ya no está disponible en el sitio web de USCIS.

Aviso del DHS Para Revocar CHNV


Según documentos internos del gobierno revisados ​​por CBS News, el Departamento de Seguridad Nacional pronto publicará un aviso en el Registro Federal poniendo un fin a los programas de permanencia temporal de CHNV y revocando el estado de permanencia temporal de todos a quienes se les concedió la entrada a los Estados Unidos bajo los programas de permanencia temporal de CHNV.

Estas personas serán sometidas a un proceso de deportación si no tienen ningún otro fundamento legal para permanecer en el país.

Qué significa esto:

  • Aquellos cuya clasificación de permanencia temporal sea revocada y que no tengan otro estatus migratorio, serán inmediatamente inelegibles para permanecer en los Estados Unidos y ya no podrán trabajar de manera legal.
  • Deportaciones aceleradas: El Departamento de Seguridad Nacional ha ampliado los procedimientos de deportación acelerada, dirigidos a personas sin estatus legal
  • Vías legales alternativas: aquellos en los EE. UU. bajo permanencia temporal CHNV deben explorar vías legales alternativas para permanecer en los EE. UU. o prepararse para partir.

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donald-2911302_1280Trump Administration Plans Revocation of CHNV Parole Leaving Thousands Without Legal Status


In a shocking turn of events, new information has been released by CBS News about the Trump administration’s imminent plans to revoke the legal status of those who were granted humanitarian parole under the Cuba, Haiti, Nicaragua, and Venezuela (CHNV) humanitarian parole programs.

It is estimated that more than 530,000 Cubans, Haitians, Nicaraguans and Venezuelans are currently in the U.S. under these programs.

What is CHNV Parole?


The CHNV parole program was first enacted in 2023 by the Biden administration. Much like the Uniting for Ukraine parole program, nationals from qualifying countries (Cuba, Haiti, Nicaragua, and Venezuela) were required to have a U.S.-based supporter, pass enhanced security vetting, and meet other criteria to gain admission to the U.S.

Those admitted were granted entry to the U.S. for a temporary period of up to two years, including the ability to apply for temporary employment authorization with the U.S. Citizenship and Immigration Services (USCIS).

Following President Trump’s day one executive order entitled, “Securing Our Borders,” on January 28th USCIS stopped the acceptance of Form I-134A, Online Request to be a Supporter and Declaration of Financial Support, for these parole programs pending further review. This was the first sign of trouble for the CHNV program. The CHNV parole webpage is no longer available on the USCIS website.

DHS Notice to Revoke CHNV


According to internal government documents reviewed by CBS News, the Department of Homeland Security will soon publish a notice in the Federal Register terminating the CHNV parole programs and revoking the parole status of all who were granted entry to the United States under the CHNV humanitarian parole programs.

Such individuals will be placed in removal proceedings if they do not have any other lawful basis to remain in the country.

What this means: 

  • Those whose parole classification is revoked, and who lack another immigration status, will be immediately ineligible to remain in the United States, and can no longer work on a lawful basis.
  • Accelerated Deportations: The Department of Homeland Security has expanded expedited removal procedures, targeting individuals without permanent legal status
  • Alternative Legal Pathways: those in the U.S. under CHNV parole must explore alternative legal avenues to remain in the U.S. or prepare to depart

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venezuela-162459_1280The Department of Homeland Security (DHS) has revoked an extension of Temporary Protected Status (TPS) previously granted to Venezuelans by President Biden, leaving more than 600,000 Venezuelans who are already in the United States in legal limbo. The extension would have provided benefits to Venezuelans through October 2, 2026.

As a result, the 2023 designation for Venezuela TPS and any associated TPS-related protection and documentation for beneficiaries will last through at least April 2, 2025.

Those who are registered under the 2021 Venezuela TPS designation will have TPS protection through at least September 10, 2025.

Venezuelans have long been targeted by the Trump administration due to organized crime from violent Venezuelan gangs such as the Tren de Aragua.

Therefore, it comes as no surprise that President Trump has called to dismantle TPS extensions for Venezuelan nationals.

What this means


According to a notice which is set to be published in the Federal Register on February 3, 2025, Venezuela’s 2021 and 2023 designations for Temporary Protected Status (TPS) will revert to their prior expiration dates as follows:

  • 2023 Venezuela TPS Designation: TPS is valid for current beneficiaries through April 2, 2025. DHS will need to determine whether to extend Venezuela’s 2023 designation by the deadline of Saturday, February 1, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than April 2nd)
  • 2021 Venezuela TPS Designation: TPS will remain valid for current beneficiaries through September 10, 2025. A decision on whether to extend this designation must be made by DHS by July 12, 2025. If DHS terminates Venezuela’s designation, the termination cannot take effect until 60 days after the termination notice is published in the Federal Register (no earlier than September 10th).

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american-flag-2054414_1280This week President Trump unleashed a fresh barrage of executive orders targeting illegal immigration and antisemitism in the United States.

Executive Order Expanding Migration Operations at Guantánamo Bay


Among these orders, on January 29th the President signed, “Expanding Migration Operations Center at Naval Station Guantánamo Bay,” unveiling his administration’s plans to use a migrant holding facility at the U.S. naval base in Guantánamo Bay, Cuba, to house more than 30,000 migrants deported from the United States.

The White House has said the naval station will soon be operating at its full capacity to detain “high priority” criminal aliens unlawfully present in the United States, and to “address attendant immigration enforcement needs,” identified by the Department of Defense and the Department of Homeland Security.

Immigration advocates have questioned the optics of this decision due to Guantánamo Bay’s sordid history. Once a processing center for asylum seekers and HIV-positive refugees, it has been well known for its detainment of notorious terrorists and unlawful enemy combatants such as the 9/11 mastermind Khalid Sheikh Mohammed. This decision has raised alarm due to Guantanamo’s unfit conditions and frequent human rights violations reported to international human rights organizations.

Despite these criticisms, the White House has said that deported migrants held in Guantánamo will not be detained in the same U.S. military prison where foreign terrorists are being held. Instead, migrants will be placed in a separate holding facility previously used to detain migrants intercepted at sea.

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american-flag-3001893_1280We start the week with the unfortunate news that hundreds of visa applicants were turned away at the U.S. Embassy in Bogotá, Colombia, following a political dispute between President Donald Trump and Colombian President Gustavo Petro.

Tensions between the two heads of state came to a head on Sunday after President Trump wrote on his Truth Social account, “I was just informed that two repatriation flights from the United States, with a large number of Illegal Criminals, were not allowed to land in Colombia. This order was given by Colombia’s Socialist President Gustavo Petro…”

He added, “Petro’s denial of these flights has jeopardized the National Security and Public Safety of the United States, so I have directed my Administration to immediately take the following urgent and decisive retaliatory measures….”

Among these measures, President Trump vowed to:

  • Raise tariffs on all Colombian goods entering the United States
  • Enforce an immediate travel ban and visa revocations on all Colombian government officials, aliens, and supporters
  • Order visa sanctions on all party members, family members, and supporters of the Colombian government and
  • Enhance Customs and Border Protection (CBP) inspections of all Colombian nationals and cargo on “national security” grounds

Shortly thereafter, the U.S. Department of State and Customs and Border Protection (CBP) announced through their spokespersons that they would enforce the President’s orders by immediately ordering the suspension of visa issuance at the U.S. Embassy in Bogotá, Colombia.

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family-6719424_1280Are you applying for adjustment of status to lawful permanent residence (a green card)?

If so, you will be pleased to know that on January 22, 2025, the U.S. Citizenship and Immigration Services (USCIS) announced that it is waiving any and all requirements for the COVID-19 vaccination on the Form I-693, Report of Immigration Medical Examination and Vaccination Record.

As a result, adjustment of status (green card) applicants will no longer be required to present evidence that they have received the COVID-19 vaccination.

USCIS will also not deny any adjustment of status application based on an applicant’s failure to present documentation that they received the COVID-19 vaccination.

Due to this new policy, USCIS will no longer issue any Request for Evidence (RFE) or Notice of Intent to Deny (NOID) related to proving a COVID-19 vaccination.

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library-of-congress-jPN_oglAjOU-unsplash-scaledIt has been less than 24 hours since President Donald Trump has taken office, and he has already signed into law a flurry of executive orders directly impacting immigration.

More than a dozen of these executive orders dismantle Biden era immigration policies, and usher in restrictive policies for visa seekers, asylum applicants, and undocumented immigrants.

The swift issuance of these executive orders signals a tough political climate ahead for immigration, and what is sure to be a continuance of the Trump administration’s hardline stance on immigration.

While some of these executive orders may face legal challenges, here is a summary of all the executive orders affecting immigration issued on day one of Trump’s presidency.


Executive Order: President Trump’s America First Priorities


President Trump’s first executive order entitled “President Trump’s America First Priorities,” states the following as top priorities of his administration, which touch upon immigration.

  • President Trump promises to take “bold action” to secure the U.S. border and protect communities by calling on the U.S. Armed Forces and National Guard to assist with border security
  • At the President’s direction, the State Department will have an “America-First” foreign policy
  • Ends Biden’s Catch-and-Release Policies

What it is: Catch-and-release authorized the release of individuals without legal status from detention while awaiting immigration court hearings.

  • Reinstates Remain in Mexico Policy

What it is: Known formerly as the Migrant Protection Protocol, this policy will require certain asylum seekers at the southern border to wait in Mexico for their hearings in U.S. immigration court.

  • Continues the construction of his southern border wall with Mexico
  • Prohibits asylum for individuals who have crossed the border illegally

What it is: Aims to end asylum and close the border to those without legal, to facilitate a more immediate removal process

  • Cracks down on U.S. sanctuary cities
  • Enhanced vetting and screening of noncitizen aliens seeking admission to the U.S.

What it is: The President will direct agencies to report recommendations for the suspension of entry for nationals of any country of particular concerns.

  • Expands deportation operations for aliens with a criminal record
  • Suspends the refugee resettlement program
  • Designates cartels such as the “Tren de Aragua” as foreign terrorist organizations and calls for their removal by using the Alien Enemies Act
  • Calls on the Department of Justice to implement the death penalty for illegal immigrants “who maim and murder” Americans and commit “heinous crimes”

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engineer-4922781_1280On January 15, 2025, the U.S. Citizenship and Immigration Services (USCIS) released updated police guidance for EB-2 National Interest Waiver petitions.

The updated policy guidance is effective immediately and applies to requests pending or filed on or after its publication date of January 15.

This guidance provides insights into how USCIS officials will determine eligibility for NIW petitions for employment-based immigrants, who are seeking a waiver of the job offer requirement, and thus labor certification.

Updated Policy Highlights


  • Clarifies that a petitioner seeking a national interest waiver must first demonstrate qualification for the underlying EB-2 classification, as either a member of the professions holding an advanced degree, or an individual of exceptional ability in the sciences, arts, or business.
  • Explains that USCIS considers on a case-by-case basis whether the occupation in which the person proposes to advance an endeavor is a profession and, if applicable, whether the 5 years of post-baccalaureate experience is in the specialty, noting that it is the petitioner’s burden to establish each element of eligibility.
  • Clarifies that USCIS determines the relationship between exceptional ability and the proposed endeavor on a case-by-case basis, considering any shared skillsets, knowledge, or expertise.
  • Provides additional guidance, with examples, about how USCIS evaluates whether a proposed endeavor has national importance.
  • Explains how USCIS evaluates evidence such as letters of support and business plans, when determining whether a person is well positioned to advance an endeavor.
  • Clarifies, with examples, that not every entrepreneur qualifies for a national interest waiver. While USCIS decides each case on its merits, broad assertions regarding general benefits to the economy and potential to create jobs will not establish an entrepreneur’s qualification for a national interest waiver.
  • Explains that, as with all adjudications, USCIS evaluates all of the evidence in the aggregate, and that the list of suggested evidence for entrepreneurs is not intended to suggest that any one piece, by itself, necessarily establishes eligibility. USCIS reviews all of the person’s education, experience, and skills and the benefit to the national interest when determining eligibility.

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ukraine-7071043_1280We are pleased to report that the Department of Homeland Security recently announced that it will be extending Ukraine’s designation for Temporary Protected Status (TPS), for an 18-month period, from April 20, 2025, through October 19, 2026.

The extension was made based on the Secretary of Homeland Security’s assessment that Ukraine faces challenges that warrant ongoing humanitarian assistance based on the armed conflict and conditions preventing Ukrainian nationals from safely returning to their home country.

DHS estimates that Ukraine’s extension of TPS will allow approximately 103,700 current beneficiaries to re-register for TPS if they continue to meet the eligibility requirements.

TPS for Ukraine Informational Workshop


If you are in the San Diego area, the Law Offices of Jacob J. Sapochnick will be hosting an informational workshop about TPS benefits for Ukrainian nationals. We would be happy if you would join us.

When: Wednesday January 15, 2025 at 4 pm

Where: Mission Valley Library, Community Room

2123 Fenton Parkway San Diego, California

Who qualifies for TPS under Ukraine’s Designation?


You may be eligible to apply for TPS under Ukraine’s designation if you have continuously resided in the United States since at least August 16, 2023, and have remained continuously physically present in the United States since that date.

DHS reminds the public that TPS applications undergo rigorous national security and public safety vetting. If any individual is identified as posing a threat, they may be detained, removed, or referred to other federal agencies for further investigation or prosecution. Individuals are barred from receiving TPS if they have been convicted of any felony or two misdemeanors.

Re-registration for current TPS recipients


Current beneficiaries under TPS must re-register during the 60-day re-registration period which will soon be announced on Ukraine’s TPS webpage. 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 Ukraine’s initial designation. This population includes nationals of Ukraine (and individuals without nationality who last resided in Ukraine) who have been continuously residing in the United States since at least August 16, 2023, with or without lawful immigration status.

DHS recognizes that not all re-registrants may receive a new Employment Authorization Document (EAD) before their current EAD expires and is automatically extending work permits for 12 months, the validity of EADs previously issued under Ukraine’s TPS designation.

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immigration-8579109_1280The United States Citizenship and Immigration Services (USCIS) recently announced some important updates for green card applicants, and those renewing existing employment authorization documents also known as EADs.


I-485 New Green Card Application Form


On December 10, 2024, USCIS published a new edition of Form I-485, Application to Register Permanent Resident or Adjust Status. The new form includes updated questions and important instructions for green card applicants.

Beginning February 10, 2025, USCIS will only accept the 10/24/24 edition of Form I-485. The agency will reject any older editions submitted on or after that date.

The new edition of Form I-485 features the following major changes:

  • Requires applicants who need to submit a Form I-693, Report of Immigration Medical Examination and Vaccination Record, or a partial Form I-693 (such as a vaccination record), to submit the Form I-693 or partial Form I-693 with their Form I-485.  If the applicant does not submit the Form I-693 with Form I-485 when it is required, the Form I-485 may be rejected
  • Enables applicants who are exempt from the Form I-864, Affidavit of Support Under Section 213A of the INA, requirement to request the exemption on Form I-485 rather than submitting a separate Form I-864W, Request for Exemption for Intending Immigrant’s Affidavit of Support. Form I-864W has been discontinued.
  • Contains clarifications for questions about the public charge ground of inadmissibility. The questions will now require an applicant to identify their immigrant category so that USCIS can determine whether or not they are exempt from this ground of inadmissibility and adjudicate the application accordingly
  • Streamlines the collection of information and clarifies instructions and applicant requirements.

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