Articles Posted in Temporary Protected Status

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Today, the Biden administration unveiled a brand-new program, Uniting for Ukraine, which seeks to provide humanitarian parole to an estimated 100,000 Ukrainian nationals who have been displaced by the Russian invasion which began on February 24, 2022 for a period of up to 2 years.


What is Uniting for Ukraine?


Uniting for Ukraine is a new Biden initiative that will allow Ukrainian citizens to apply for humanitarian parole in the United States. Humanitarian Parole is a process that allows foreign nationals to lawfully enter the U.S., provides temporary lawful presence in the U.S., and protects that person from deportation during the parole timeframe that has been granted to the foreign national. Humanitarian parole is a temporary permission to remain lawfully in the United States. It does not provide law permanent residence (a green card) and does not provide a pathway to citizenship.

To be eligible, Ukrainians must have been residents in Ukraine as of February 11, 2022, have a sponsor in the United States, complete vaccinations and other public health requirements, and pass rigorous biometric and biographic screening and vetting security checks.

Ukrainians who are approved via this process will be authorized to travel to the United States and be considered for parole, on a case-by-case basis, for a period of up to two years. Once paroled through this process, Ukrainians will be eligible for work authorization.


Who can be a sponsor?


Effective Monday, April 25, 2022, U.S. based individuals and entities can apply to sponsor displaced Ukrainian citizens through the Uniting for Ukraine process, which will go live on the Department of Homeland Security website that same day.

Any U.S. citizen or individual, including representatives of non-government organizations, can sponsor Ukrainian applicants. Individuals and organizations seeking to sponsor Ukrainian citizens in the United States will be required to declare their financial support and pass security background checks to protect against exploitation and abuse. Eligibility requirements will include required vaccinations and other public health requirements, as well as biographic and biometric screening, vetting, and security checks.

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Happy Monday! We are glad to bring you the latest updates relating to Temporary Protected Status (TPS). Recently, USCIS added Ukraine and Sudan as new countries eligible to participate in Temporary Protected Status (TPS) for a period of 18 months. The agency has now announced that the TPS registration process for Ukrainian and Sudanese nationals will begin tomorrow, Tuesday, April 19, 2022.


Ukraine and Sudan’s TPS Registration Period Begins April 19th 


We bring Ukrainian and Sudanese nationals good news. Beginning April 19, 2022, through October 19, 2023, such individuals can begin the registration process to receive Temporary Protected Status in the United States.


Who can apply?


To be eligible for TPS under the Ukraine designation, individuals must demonstrate continuous residence in the United States since April 11, 2022, and continuous physical presence in the United States since the date listed in the Federal Register notice authorizing the TPS designation. To be eligible under the Sudan designation, individuals must demonstrate continuous residence in the United States since March 1, 2022, and continuous physical presence since the designation date in the Federal Register notice.

As a reminder, TPS applicants must meet all eligibility requirements and undergo security and background checks to gain approval.

USCIS estimates that with this new designation, approximately 59,600 Ukrainians currently residing in the United States will be able to benefit from the new Temporary Protected Status designation. Ukrainians who were outside of the United States after April 11, 2022, are ineligible for TPS benefits and must apply for any visa they are eligible to receive at the appropriate Embassy.

For its part, only about 3,090 are expected to benefit under the TPS designation for Sudan.

Those who are eligible may e-file their applications for TPS under the Ukraine or Sudan designations by using Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from April 19, 2022, through October 19, 2023. Applicants may also request an Employment Authorization Document by e-filing Form I-765, Application for Employment Authorization, with the Form I-821.

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In this blog post, we share with you some recent updates for the Temporary Protected Status (TPS) program. On March 16, 2022, Secretary Alejandro Mayorkas announced the designation of Afghanistan for Temporary Protected Status (TPS) for a period of 18 months.


What is Temporary Protected Status?


Temporary Protected Status (TPS) is a statutorily authorized program established by the United States Congress in 1990. The program allows migrants whose home countries are considered unsafe, the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents (green card holders) or U.S. citizens, they are authorized to live in the United States without fear of deportation under temporary protected status. Applicants may also apply for employment authorization by filing Form I-765 Application for Employment Authorization with USCIS along with their application for TPS.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Afghanistan’s recent designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Afghanistan that prevent Afghan nationals, from returning safely.


Who can apply?


Individuals eligible for TPS under this designation must have continuously resided in the United States since Tuesday, March 15, 2022. Eligible applicants must be a national of Afghanistan or a person without nationality who last habitually resided in Afghanistan.

Any Afghan nationals who attempt to travel to the United States after Tuesday, March 15, 2022, will not be eligible for Temporary Protected Status.

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With the developing situation in Ukraine, we offer the latest information with respect to visa options and immigration alternatives for Ukrainian nationals to consider. For an in-depth discussion and evaluation of the best visa option for you, we encourage you to contact our office for a consultation.

At the outset, we would like to clarify that U.S. immigration law can best be explained as being divided into 3 broad categories: temporary nonimmigrant visa options, permanent immigrant visa options, and special immigrant visa types.

The Department of State recently provided the following guidance to further explain the difference between these visa types. We will be dedicating a future post to the possible visa alternatives that can be explored by Ukrainians. Please review our recent blog post here for information about Temporary Protected Status for Ukrainians that have been continuously present in the United States since Tuesday March 1, 2022.


Nonimmigrant Visas


Nonimmigrant visas are for temporary stays in the United States.  They are not the appropriate tool to begin an immigrant, refugee, or resettlement process.  If you apply for a nonimmigrant visa but are unable to demonstrate intent to leave the United States after a defined period in order to return to a residence abroad, a consular officer will refuse your application.

All B1/B2 visa applicants are assumed to be intending immigrants—and therefore ineligible for a nonimmigrant visa—unless they can establish otherwise.  Nonimmigrant visa applicants may apply at any embassy or consulate where they are physically present and where appointments are available.  A full list of embassies and consulates is available here: https://www.usembassy.gov/.  As a result of the COVID-19 pandemic, applicants may face extended visa interview wait times at some Embassies and Consulates.  Appointment wait times are available at U.S. Visas (state.gov).  Once an interview appointment is made, applicants will have the ability to request an expedited appointment but must describe the unique circumstances that justify such a request.


Immigrant Visas


Immigrant visas are for foreign nationals who intend to live and/or work permanently in the United States.  In most cases, a relative or employer sponsors the individual by filing a petition with U.S. Citizenship and Immigration Services (USCIS).  Further information on immigrant visas can be found here:  https://travel.state.gov/content/travel/en/us-visas/immigrate.html.


At which Consular Post, can I apply for an Immigrant Visa?


Newly Scheduled Immigrant Visa AppointmentsThe U.S. Consulate General Frankfurt, Germany, is the designated processing post for all Ukrainian immigrant visa applications except adoption cases.  All newly scheduled immigrant visa cases will be slated for appointments at the U.S. Consulate General in Frankfurt, Germany.  Adoption cases are being handled at U.S. Embassy Warsaw, Poland.


I have a pending I-130 with USCIS, can I ask for faster processing?


Requesting Expedited Processing of I-130 Petitions:  If you filed a Form I-130 petition with USCIS and it has not yet been approved, you may inquire with USCIS regarding expedition of the application. USCIS has clear criteria outlined on its webpage listing the requirements to apply for an expedite. You may wish to seek the guidance of an experienced attorney to determine if you qualify for an expedite request: https://www.uscis.gov/forms/filing-guidance/how-to-make-an-expedite-request.

There is also a USCIS help line if you are an active U.S. military member: https://www.uscis.gov/military/military-help-line.

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We have some breaking news for Ukrainian nationals. In a swift and unprecedented move, the Department of Homeland Security, today announced the designation of Ukraine to receive Temporary Protected Status (TPS) for an 18-month period.


What is Temporary Protected Status?


Established by the U.S. Congress in 1990, temporary protected status (TPS) is a program that allows migrants whose home countries are considered unsafe, the right to live and work in the United States for a temporary, but extendable, period of time. Though they are not considered lawful permanent residents (green card holders) or U.S. citizens, they are authorized to live in the United States without fear of deportation under temporary protected status. Applicants may also apply for employment authorization by filing Form I-765 Application for Employment Authorization with USCIS along with their application for TPS.

A country may be designated for TPS when conditions in the country fall into one or more of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Ukraine’s designation is based on both ongoing armed conflict and extraordinary and temporary conditions in Ukraine that prevent Ukrainian nationals, and those of no nationality who last habitually resided in Ukraine, from returning to Ukraine safely.


Who can apply?


Individuals eligible for TPS under this designation must have continuously resided in the United States since Tuesday, March 1, 2022. Eligible applicants must be a national of Ukraine or a person without nationality who last habitually resided in Ukraine.

Any Ukrainian nationals who attempt to travel to the United States after Tuesday, March 1, 2022, will not be eligible for Temporary Protected Status.

Ukraine’s 18-month designation will go into effect on the publication date of the forthcoming Federal Register notice. The Federal Register notice will provide instructions for applying for Temporary Protected Status, and an Employment Authorization Document (EAD).

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In this blog post, we share with you some exciting new updates in immigration for Croatia and Syria.

We are very happy to announce that Croatia has now joined the Visa Waiver Program. The Visa Waiver Program allows foreign nationals of participating countries to travel to the United States for purposes of tourism or business without having to obtain a U.S. visa. Such stays are limited to 90 days or less, and all travelers must have a valid and approved Electronic System for Travel Authorization (ESTA) prior to traveling to the United States.

Visa Waiver participants are not eligible to change or extend their status within the United States during those 90 days. Only applicants who enter on a U.S. visa may apply for a change or extension of status with USCIS. It is also important to note, that applicants who have been denied a U.S. visa in the past are ineligible for ESTA.


When can Croatian nationals travel under the Visa Waiver Program?


The Secretary of Homeland Security Alejandro Mayorkas, and Secretary of State Antony Blinken designated Croatia as a new participant in the program, that is set to start no later than December 1, 2021. The agencies announced that the ESTA interface will soon be updated to allow Croatian nationals to apply for ESTA prior to travel to the United States. Applicants should note that ESTA authorizations are generally valid for two years.  Those with valid B1/B2 visas are recommended to continue to use their visas for travel to the United States.

Following the announcement, Secretary Mayorkas said that the designation of Croatia as a new participant in the Visa Waiver Program is an important recognition of U.S./Croatian shared economic and security interests.

With this new announcement, Croatia becomes the 40th member of the Visa Waiver Program found eligible to participate after having met strict requirements.


Who else is eligible to travel using the Visa Waiver Program?


For a complete list of countries currently participating in the Visa Waiver Program please click here.


TPS for Syria EADs Automatically Extended through March 28, 2022


We would also like to announce some important information for Temporary Protected Status beneficiaries from Syria. The U.S. Department of Homeland Security has automatically extended the validity of Employment Authorization Documents (EADs) for beneficiaries with a Category Code of A12 or C19 issued under Temporary Protected Status (TPS) for Syria through March 28, 2022.

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In this blog post we share with you some happy news for first time Temporary Protected Status (TPS) applicants from Venezuela, Syria, and Burma.

The Department of Homeland Security (DHS) has announced that it is extending the initial registration periods for applications under the Temporary Protected Status (TPS) designations for Venezuela, Syria, and Burma (Myanmar), from 180 days to 18 months.

Foreign nationals eligible to file initial (new) applications under the Temporary Protected Status (TPS) designations for Venezuela, Syria and Burma (Myanmar), will now have up to 18 months to submit their requests, up from 180 days, according to a recent Federal Register notice that has been published in the Federal Register by USCIS. The registration periods, which were to expire this fall, are being extended by the Department of Homeland Security (DHS) in an effort to ensure that eligible applicants have an opportunity to obtain TPS and to reduce operational burdens on U.S. Citizenship and Immigration Services (USCIS) by spreading out applications over a period of time.

The new 18-month filing periods align with the TPS designation for each country and are in keeping with the filing periods recently allotted in for Yemen, Haiti, and Somalia TPS designations.


What does the new filing extension allow me to do?


This new filing extension will allow eligible individuals to submit an initial Form I-821, Application for Temporary Protected Status, application for an Employment Authorization Document (Form I-765 work permit), and application for Travel Permission (Form I-131) (if desired) at any time during the 18-month designation or redesignation periods for these three countries.

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Welcome back to Visalawyerblog! We are happy to bring you the latest immigration updates recently announced by the United States Citizenship and Immigration Services (USCIS).


USCIS Guidance Following DACA Permanent Injunction in State of Texas, et al., v. United States of America, et al., 1:18-CV-00068, (S.D. Texas July 16, 2021)


USCIS has announced on its official webpage that consistent with the permanent injunction granted by the U.S. District Court for the Southern District of Texas on July 16, 2021, declaring DACA policy illegal, USCIS is prohibited from granting initial requests for first time DACA applicants, and accompanying requests for employment authorization.

However, USCIS will continue to accept both initial and renewal DACA requests but will not be able to adjudicate requests for first time DACA applicant’s pursuant to the court order.

Renewal filings for those who have received DACA benefits in the past, will continue unaffected by the court order, and USCIS will continue to adjudicate renewal requests, and accompanying renewal requests for employment authorization as before.

What’s next? The Department of Justice will be appealing the District Court’s decision and the Biden administration is urging Congress to pass the American Dream and Promise Act of 2021.

Read Biden’s Statement responding to the Court’s injunction here.


Applicants Filing Change of Status Applications to F-1 No Longer Need to Submit Subsequent Applications to ‘Bridge the Gap’


We are happy to report that USCIS recently ended the “Bridge the Gap” policy. Previously, prospective students with a current nonimmigrant status in the United States, that was set to expire more than 30 days before their F-1 program start date, were required to “Bridge the Gap,” by filing Form I-539 with USCIS to request an extension of their current status, or a change to another status ensuring that they would not have a “gap” in status.

Effective July 20, 2021, USCIS announced that individuals who have applied for a change of status to F-1 student, will no longer need to “Bridge the Gap,” while their initial F-1 change of status application is pending with USCIS.

To prevent a “gap” in status, USCIS has said that it will now grant the change of status to F-1 effective the day the applicant’s Form I-539, Application to Extend/Change Nonimmigrant Status is approved. If USCIS approves an application more than 30 days before the student’s program start date, the student must ensure they do not violate their F-1 status during that time (such as engaging in unauthorized employment, more than 30 days before the program start date as listed on the Form I-20.)

These changes have been introduced to decrease current backlogs and USCIS workloads. A revision of the Form I-539 instructions will soon be published to reflect these new policy changes.

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Welcome back to Visalawyerblog! We hope you had a wonderful fourth of July weekend with your family and loved ones.

In this blog post, we share with you some exciting news for Yemeni nationals receiving benefits under the Temporary Protected Status (TPS) program. The Biden administration has made the decision to extend Temporary Protected Status for Yemeni nationals currently receiving protections under the program until March 3, 2023. In addition, the re-designation means that certain eligible Yemeni nationals will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status 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).


How did this all happen?


Extension of Designation of Yemen for TPS

On January 6, 2021, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Yemen. This extension and re-designation will be in effect from September 4, 2021, through March 3, 2023 (an 18-month period)

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Yemen, lack of access to food, water, and healthcare, the large-scale destruction of Yemen’s infrastructure, population displacement, the ongoing cholera outbreak since 2016, and the worsening COVID-19 situation in the country.

Mayorkas found that these circumstances ultimately prevented Yemeni nationals from safely returning to their home country stating, “Yemen continues to experience worsening humanitarian and economic conditions that prevent individuals from safely returning to their homes. Therefore, I have decided to extend and re-designate Yemen for Temporary Protected Status. We will continue to protect and offer these individuals a place of residency temporarily in the United States.”

Currently, there are an estimated 1,700 beneficiaries receiving TPS benefits under Yemen’s designation. The program’s extension will mean that these beneficiaries can re-register for benefits and retain TPS status through March 3, 2023, so long as they can demonstrate that they continue to meet the TPS eligibility requirements.

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The news we have all been waiting for is finally here. The Democratic controlled House of Representatives has taken a colossal step toward making comprehensive immigration reform a reality. On Thursday evening, members of the House voted along party lines to approve two legislative proposals that would create a pathway to citizenship for an estimated eleven million undocumented immigrants living in the United States, including Dreamers and farmworkers. These proposals are known as (1) the American Dream and Promise Act of 2021 and (2) the Farm Workforce Modernization Act of 2021.


What is the American Dream and Promise Act – H.R. 6?


The American Dream and Promise Act, also known as H.R. 6, creates an earned path to citizenship for more than two million Dreamers who were brought to the United States as children, as well as beneficiaries of certain temporary humanitarian programs including recipients of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS). This proposal consists of


Title I: Dream Act of 2021


Title I of the Act would allow certain long-term residents who entered the United States as children to apply for conditional permanent resident status. Those who would obtain conditional permanent resident status would be considered lawfully admitted for permanent residence under the law.

Requirements

The American Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

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