Visa Lawyer Blog

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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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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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We begin the start of a new week with more unpleasant COVID-19 related delays. If you planned to attend an immigration hearing before the Executive Office for Immigration Review (EOIR), you may find yourself out of luck.

The EOIR recently announced that beginning January 10, 2022, the agency has postponed non-detained, non-represented case hearings due to the surge in Omicron variant cases nationwide.

Individuals in immigration proceedings should be sure to maintain updated contact information with their immigration court to ensure they receive the latest news regarding the status of their immigration hearings.

Which hearings have been postponed by the court?

According to new information released by the EOIR regarding the latest status of hearings, the following types of cases have been postponed, while others are proceeding as scheduled.

Postponed/Rescheduled

  • Non-detained cases without a lawyer or other representative of record

Proceeding as Scheduled

  • Detained cases, including bond requests and custody redeterminations
  • Non-detained cases with a lawyer or other representative of record
  • Non-detained cases without a lawyer or other representative of record who wish to proceed
  • Cases of individuals outside the U.S. who are enrolled in the Migrant Protection Protocols
  • Non-detained individuals without a lawyer or other representative of record should not appear for any hearing scheduled through January 31, 2022.

Will I receive a notice of postponement from the Court?

The EOIR will mail notices to all parties affected by these postponements, however some parties will not receive the mailed notice of postponement or rescheduling in advance of hearings scheduled before January 15, 2022.

Where can I find more information about postponed hearings?

If you have questions or are uncertain whether your hearing has been postponed, please check the Automated Court Information System online or at 800-898-7180 (TDD: 800-828-1120) or call the immigration court handling your case.

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The fate of nearly 8 million undocumented immigrants now rests in the hands of Senate Parliamentarian, Elizabeth MacDonough.

On Friday, September 10, 2021, Democratic Congressmen, and women, met with the Senate staffer in hopes of convincing her to allow a piece of legislation to be introduced in the Democratic party’s upcoming $3.5 trillion spending bill, which would, for the first time in decades set in motion the implementation of comprehensive immigration reform.

The spending bill includes a provision that would carve out a pathway to citizenship for “Dreamers” participating in the Deferred Action for Childhood Arrivals Program (DACA) that were brought to the United States illegally as children. The bill would also open a door for legalization to recipients of Temporary Protected Status, farmworkers, and certain undocumented workers deemed “essential.” It is estimated that nearly 8 million undocumented immigrants would qualify for permanent residence through this proposal, offering the first big victory for comprehensive immigration reform.

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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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Source: Flickr, Attribution: mollyktadams

We are saddened to report that late Friday, July 16, 2021, Federal Judge Andrew Hanen of the United States District Court for the Southern District of Texas, granted the plaintiffs in the case, State of Texas, et al., vs. United States of America, et.al, a permanent injunction, pending ongoing litigation over the legality of the Deferred Action for Childhood Arrivals (DACA) program.

As a result, new first-time applications for the DACA program will no longer be approved by the United States Citizenship and Immigration Services (USCIS) following Judge Hanen’s ruling.  Friday’s decision in Texas v. United States is sure to be appealed, though there is a reasonable chance it will be upheld, especially by the conservative leaning Supreme Court of the United States.

In his ruling, Federal Judge Hanen declared that the Department of Homeland Security (DHS) violated the Administrative Procedure Act (APA) with the initial creation of the Deferred Action for Childhood Arrivals (DACA) program and its continued operation. Accordingly, he has ordered that the DACA Memorandum and the subsequent creation of the DACA program be vacated and remanded to DHS for further consideration.

This action removes protections from deportation for thousands of undocumented young adults who came to the United States as children, otherwise known as Dreamers, and casts doubt on the future of the program.

Judge Hanen specifically stated that his ruling does not impact the hundreds of thousands of DACA recipients and others who have relied on the DACA program for almost a decade. This means that while new first-time applications for DACA will no longer be adjudicated by USCIS, Hanen’s ruling will not impact current DACA recipients.

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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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Welcome back to the start of a brand-new week! We are excited to announce brand new developments in the world of immigration specifically for U visa victims of crimes.

On June 14, 2021, the United States Citizenship, and Immigration Services (USCIS) issued a new policy alert, informing U visa applicants that the agency will now be exercising its discretion to issue four year Employment Authorization Documents (EADs) (also known as work permits),  as well as four-year “deferred action” status to certain U visa applicants, including those who have filed new U visa petitions, and those whose U visa petitions remain pending with USCIS, based on a new discretionary process called a “bona fide determination.”

This is a groundbreaking new development for U visa applicants because victims of crime will now be eligible to receive an Employment Authorization Document (EAD), as well as “deferred action” status, while their U visa applications remain pending with USCIS. With this new policy change, U visa applicants will no longer need to wait 5+ years for their U visa approval, in order to become eligible for an Employment Authorization Document (EAD), and be protected from deportation.

Previously, only principal U visa applicants whose petitions were approved by USCIS, were authorized to work based on their approved status with immigration. Only those with an approved Petition for U Nonimmigrant Status (Form I-918) would automatically be issued an Employment Authorization Document (EAD). All other applicants with pending petitions were forced to wait in the visa queue for a visa to become available due to the mandatory U visa cap. This process on average has taken up to 5 years.

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On June 4th, 2021, the interim guidance memorandum (“The Memo”) was publicly released. The reason the memo sent many, like me, into a frenzy was because of the million people currently in immigration court limbo who have just had their lives transformed by these thirteen pages.

This memo is proof the Biden Administration has set a new tone towards immigration. The memo beautifully states, “the government wins when justice is done,” reminding OPLA attorneys they should remain mindful that “immigration enforcement obligations do not consist only initiating and conduction prompt proceedings that lead to removals at any cost.” The memo provides internal direction to OPLA attorney’s regarding the following: 1. Removal Priority Cases, 2. Prosecutorial Discretion, 3. Ability to cancel NTAs, 4. Authority to Administrative closure or Continuance of Proceedings, and 5. Authority to Terminate  Proceedings.

(It is important to note this memorandum was released For Official Use Only by the Department of Homeland Security. You should seek the advice and counsel of an attorney to review your case specifically.)

  1. REMOVAL PRIORITY CASES

It is directed that OPLA attorneys prioritize agency resources in the following priority categories:

A. Noncitizens who engaged in or suspect to engage in terrorism or whose apprehension is otherwise necessary to protect the national security of the United States.

B. Noncitizens who were apprehended at the border or port of entry, while attempting to enter unlawfully into the United States after November 1, 2020.

C. Noncitizens convicted of an “aggravated felony” or convicted of an offense related to a criminal street gang and determined to pose a threat to public safety.

The memo also provides a non-exclusive list of civil immigration enforcement and removal decisions where the agency should identify any opportunities of a non-citizens process to ensure just fair and legally appropriate outcomes.

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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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