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Welcome to the start of a brand-new week. In this blog, we cover new reports from the U.S./Mexico border addressing the growing number of asylum seekers entering the United States from Tijuana into San Diego, through a process known as “humanitarian parole.”

According to a recent report published by the National Institute for Migration in Baja California, in April of 2022, just under 400 migrants were granted permission to cross through Ped West, one of two pedestrian crossings at the San Ysidro Port of Entry.

When compared to crossings in August, that number has skyrocketed to 4,075 migrants entering using their humanitarian parole document.

What is humanitarian parole?

  • Humanitarian parole is a process by which a foreign national (who may be inadmissible or otherwise ineligible for admission into the United States) may enter for a temporary period of time for urgent humanitarian reasons or significant public benefit by filing Form I-131 Application for Travel Document and Form I-134 Affidavit of Support including their supporting documentation.

In addition to those entering with humanitarian parole, the Institute reports that more than 2,500 Haitian refugees have been granted permission to cross into the United States, as well as 440 migrants from Honduras fleeing organized crime.

At the same time, the Institute reports that many migrants in Tijuana are being falsely misled to believe that migrant shelters can help them bypass detention upon requesting asylum at the U.S. border.

Sadly, the Biden administration has not done little to address the growing number of asylum seekers. In fact, the Biden administration has been silently asking the Mexican government to allow for the expulsion of thousands of asylum-seeking migrants from Cuba, Nicaragua, and Venezuela through a little-known policy known as “Title 42.” This expulsion policy began under the Trump administration in March 2020 and has continued under President Biden. Since that time, the Mexican government agreed to accept expulsions of its citizens, along with those of El Salvador, Guatemala, and Honduras totaling more than 2 million migrants.

According to the Washington Office on Latin America (WOLA) the expulsion of migrants from Mexico, El Salvador, Guatemala, and Honduras is near the highest-level seen in over 15 years, but has declined from 2021 (154,000 in July 2021, 104,000 in July 2022). It is estimated that the U.S. government has used Title 42 to expel 78 percent of these migrants.

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Welcome back to Visalawyerblog! We hope you had a wonderful weekend.

In this blog post, we share with you some exciting news for Venezuelan nationals receiving benefits under the Temporary Protected Status (TPS) program.

The Biden administration has made the decision to extend Temporary Protected Status for Venezuelan nationals currently receiving protections under the program until March 10, 2024. In addition, the re-designation means that certain eligible Venezuelan 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 Venezuela for TPS

On July 11, 2022, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Venezuela. This extension and re-designation will be in effect from September 10, 2022, through March 10, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing conflict in Venezuela, lack of access to food, water, healthcare, and other conditions.

Mayorkas found that these circumstances ultimately prevented Venezuelan nationals from safely returning to their home country stating, “After careful consideration, and in consultation with the Secretary of State, today I am extending that designation. This action is one of many ways the Biden administration is providing humanitarian support to Venezuelans at home and abroad, together with our regional partners. We will continue to work with our international partners to address the challenges of regional migration while ensuring our borders remain secure.”

Currently, there are an estimated 343,000 individuals potentially eligible for TPS under the existing designation of Venezuela. The program’s extension will mean that these beneficiaries can re-register for benefits and retain TPS status through March 10, 2024, so long as they can demonstrate that they continue to meet the TPS eligibility requirements.

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Are you a national of Cameroon interested in applying for Temporary Protected Status (TPS)?

Then you may be interested to know that the U.S. Citizenship and Immigration Services (USCIS) will be hosting a webinar on Thursday September 8, 2022, from 2 to 3 pm Eastern Time all about the application criteria. As previously reported, beginning April 15, 2022, DHS designated Cameroon for TPS benefits for a period of 18 months. The registration period is set to close on December 7, 2023.

Individuals eligible for TPS under Cameroon’s designation must have continuously resided in the United States since April 14, 2022 and demonstrate continuous physical presence in the United States since June 7, 2022.

Any nationals of Cameroon who attempt to travel to the United States after April 14, 2022, will not be eligible for Temporary Protected Status.

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

What will be discussed during the webinar session?

During the webinar, USCIS will provide an overview of the designation of Cameroon for TPS and then hold a question-and-answer session. USCIS cautions the public that it will not be addressing case-specific questions, questions outside the scope of the engagement, or issues under active litigation.

To Register for the Webinar:

  1. Individuals must visit the registration page.
  2. You will be asked to provide your email address and select “Submit.”
  3. On the next screen, you will see a notification that you successfully subscribed to this event.

Once your registration is complete, you will receive a confirmation email with additional details.

If you have not received a confirmation email within three business days, you may email at public.engagement@uscis.dhs.gov.

For more information about Cameroon’s TPS designation please click here.

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This week in immigration news, we share new developments for Afghan nationals. The Biden administration recently announced its plan to launch a new portal that would facilitate the reunification of Afghans immigrants with their family members.

What is it all about?

The U.S. Department of State run portal would provide a place for Afghans in the United States to search for family members who were separated from them following the U.S. withdrawal from Afghanistan last year.

Previously, Afghans needed the help of nonprofit groups such as the United National Refugee Agency (UNHCR) and U.S. Department of State liaisons to help them locate family members left behind. Individuals were required to complete lengthy questionnaires, provide information, and submit documentation that would be independently verified by state department liaisons.

Now, the state-run portal will provide a central location where users can upload information to help locate their family members. Users will be able to enter their own status on the website, and complete forms to enable their relative to gain entry to the United States.

Additionally, the Biden administration is said to be considering waiving the $535 government filing fee associated the filing of Form I-130 Petition for Alien Relative, which allows a U.S. citizen to petition the entry of their relative to the United States.

According to a Department of State spokesperson, through the resettlement effort known as Operation Allies Welcome, immediate family members of Afghans who relocated to the United States are strongly being considered for parole. Immediate relatives of U.S. Citizens, lawful permanent residents, formerly locally employed staff members of the U.S. Embassy in Kabul, and certain Special Immigrant Visa (SIV) applicants are also being prioritized to receive parole.

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Are you a participant of the Uniting for Ukraine parole program? If so, then you may be interested in learning more about the new COVID-19 vaccination requirements recently implemented by the U.S. Department of Homeland Security (DHS).

The agency has announced that effective immediately, all beneficiaries aged 6 months and older must have an attestation submitted, verifying that they have received COVID-19 vaccinations both before traveling to the United States and after arrival in the United States, unless they are eligible for an exception. Previously, beneficiaries younger than 5 years old qualified for an exception to the COVID-19 vaccination requirement because the vaccine was not approved or licensed for use in that age group.

Before Traveling to the United States

To receive travel authorization under the Uniting for Ukraine program, all beneficiaries aged 6 months and older must have an attestation submitted verifying that they received at least 1 dose of a COVID-19 vaccine approved or authorized by the Food and Drug Administration or a COVID-19 vaccine listed for emergency use by the World Health Organization, unless they are eligible for an exception.

After Arrival in the United States

After being paroled into the United States, all beneficiaries aged 6 months and older must have an attestation submitted attesting that they completed or will complete their COVID-19 vaccination series (in other words, they will be fully vaccinated) within 90 days of their arrival or within 90 days of reaching the eligible age for vaccination according to the current Centers for Disease Control and Prevention guidelines, unless they are eligible for an exception.

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Welcome back to a brand-new week of immigration news. In this blog post, we share some exciting news for nationals of Venezuela.

Today, Monday July 11, 2022, the Secretary of the U.S. Department of Homeland Security, Alejandro Mayorkas, announced the extension of the Temporary Protected Status (TPS) designation for Venezuela for a period of 18 months.

Mayorkas made clear that the circumstances which resulted in Venezuela being designated for Temporary Protected Status continue to exist, and therefore extension of the designation was warranted. It is also a move that has been made to continue to provide humanitarian relief to the people of Venezuela.

According to the announcement, the 18-month extension of TPS for Venezuela will be effective from September 10, 2022, through March 10, 2024.

Who can benefit from the extension?

Only beneficiaries under Venezuela’s existing designation, and who were already residing in the United States as of March 8, 2021, are eligible to re-register for Temporary Protected Status under Venezuela’s extension. Venezuelans who arrived in the United States after March 8, 2021, are not eligible for TPS. Approximately 343,000 individuals are estimated to be eligible for TPS under the existing designation of Venezuela.

Where can I find more information?

Soon, the U.S. Department of Homeland Security will release a final rule in the Federal Register which will provide instructions for re-registering for Temporary Protected Status benefits and applying for the renewal of an Employment Authorization Document (EAD).

Venezuelans who are currently eligible for TPS under the existing designation, but who may not have been able to apply for benefits with U.S. Citizenship and Immigration Services (USCIS) should file their applications prior to the September 9, 2022, application deadline.

This includes Venezuelans covered under the January 2021 grant of Deferred Enforced Departure (DED) which is set to expire July 20, 2022.

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We kick off the start of a brand new week, with exciting news for nationals of Cameroon. As you may recall, on April 15, 2022, Secretary Alejandro Mayorkas first announced the designation of Cameroon for Temporary Protected Status (TPS) for a period of 18 months. Today June 6, 2022, DHS published the Federal Register notice providing further information on how individuals can register for TPS under Cameroon’s designation beginning Tuesday June 7, 2022 until December 7, 2023.

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.

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

Who can apply?

Individuals eligible for TPS under this designation must have continuously resided in the United States since April 14, 2022 and demonstrate continuous physical presence in the United States since June 7, 2022.

Eligible applicants must be nationals of Cameroon or a person without nationality who last habitually resided in Cameroon.

Any nationals of Cameroon who attempt to travel to the United States after April 14, 2022, will not be eligible for Temporary Protected Status.

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Happy Friday! We close the week with an important new update for nationals of Afghanistan. USCIS has announced the registration process for the Temporary Protected Status program for Afghanistan.

Today, May 20, 2022, a notice was published in the Federal Register confirming the Secretary of Homeland Security’s designation of Afghanistan for Temporary Protected Status (TPS) for an 18-month period.

Afghanistan’s TPS Registration Period Begins today, Friday May 20th  

Beginning today Friday, May 20, 2022, through November 20, 2023, eligible Afghan nationals (and individuals having no nationality who last habitually resided in Afghanistan) can begin the registration process to receive Temporary Protected Status in the United States.

Who can apply?

To be eligible for TPS under the Afghan designation, individuals must demonstrate continuous residence in the United States since March 15, 2022, and continuous physical presence in the United States since May 20, 2022.

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 72,500 Afghans currently residing in the United States will be able to benefit from the new Temporary Protected Status designation. Afghans who arrived in the United States after March 15, 2022, are ineligible for TPS benefits. Afghan nationals currently not residing in the United States are also ineligible to receive benefits.

Afghan TPS applicants may e-file their applications for TPS under the Afghanistan designation by using Form I-821, Application for Temporary Protected Status, during the 18-month initial registration period that runs from Friday, May 20, 2022, through November 20, 2023. Applicants may also request an Employment Authorization Document by e-filing Form I-765, Application for Employment Authorization, with the Form I-821.

Who is not eligible for TPS?

You may NOT be eligible for TPS or to maintain your existing TPS if you:

  • Have been convicted of any felony or two or more misdemeanors committed in the United States;
  • Are found inadmissible as an immigrant under applicable grounds in INA section 212(a), including non-waivable criminal and security-related grounds;
  • Are subject to any of the mandatory bars to asylum. These include, but are not limited to, participating in the persecution of another individual or engaging in or inciting terrorist activity;

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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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