Visa Lawyer Blog

Articles Posted in Undocumented

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Good news for DACA recipients. The Biden administration recently announced a plan to expand health care coverage to Dreamers through the Affordable Care Act health insurance marketplace.

President Biden has directed the Department of Health and Human Services to propose a rule in the Federal Register that would amend the definition of “lawful presence” to include DACA recipients, so that they may be considered lawfully present to be eligible to enroll in a health care plan through the Affordable Care Act or Medicaid.  The proposed rule is expected to be published as soon as end of the month.

If finalized, the rule would make DACA recipients eligible for Medicaid and the Affordable Care act for the first time ever.

The proposal will allow DACA recipients to apply for coverage through the Health Insurance Marketplace, where they may qualify for financial assistance based on income, and through their state Medicaid agency.  Like all other enrollees, eligibility information will be verified electronically when individuals apply for coverage.

In a video released on the President’s twitter page he stated, “We need to give Dreamers the opportunities and support they deserve. Today, my administration is announcing our plan to expand health coverage for DACA recipients by allowing them to enroll in a plan through the Affordable Care Act or through Medicaid.”

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With the new year comes exciting new changes in immigration. We are happy to report that the government has just announced a brand-new parole process for Cubans, Haitians, and Nicaraguans modeled after the Uniting for Ukraine program and parole program for Venezuelans (introduced in October of 2022), granting eligible individuals two-year parole, including the ability to apply for employment authorization and remain lawfully present in the United States.

Separately, the government has released the CBP One mobile app, a new mechanism for noncitizens (land travelers only) to schedule appointments to present themselves at ports of entry, encouraging safe and orderly arrivals. Once Title 42 is no longer in place, this will be the scheduling mechanism for noncitizens to schedule a time to present themselves at a U.S. port of entry for inspection and processing, rather than arriving unannounced or attempting to cross in-between ports of entry. This includes those who seek to make asylum claims. Those who use the CBP One process will be eligible for employment authorization during their period of authorized stay.

Individuals who use the CBP One app will be able to schedule an appointment to present themselves at the following ports of entry:

  • Arizona: Nogales;
  • Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso (Paso Del Norte); and
  • California: Calexico and San Ysidro (Pedestrian West – El Chaparral).

During their inspection process, noncitizens must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.

Individuals will be able to schedule appointments in CBP One in the coming days. The CBP One application is free to download and available in the Apple and Google App Stores.

Parole Program for Nationals of Cuba, Haiti, Nicaragua, and Venezuela

The United States government has implemented a new parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela to prevent those eligible from making a dangerous trek to the United States.

*Please note Venezuela’s parole program has been in effect since October 18, 2022. 

The parole program will allow up to 30,000 qualifying nationals per month from all four of these countries to reside legally in the United States.

Eligible individuals will be able to seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization.

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DACA recipients can now breathe a sigh of relief. We are happy to report that the Department of Homeland Security recently published a final rule in the Federal Register, taking a major step to safeguard the Deferred Action for Childhood Arrivals (DACA) program, while the fight to uphold DACA is in litigation.

What does this mean?

The final rule officially took effect on October 31, 2022, to codify existing policy, preserve, and fortify DACA.

This means that effective October 31, 2022, pursuant to the final rule, the U.S. Citizenship, and Immigration Services (USCIS) will accept and process renewal DACA requests and accompanying requests for employment authorization (EAD), consistent with court orders and an ongoing partial stay. Currently, valid grants of DACA, related employment authorization, and advance parole will continue to be recognized as valid under the final rule. Those with pending DACA renewal applications, do not need to reapply.

USCIS will also continue to accept and process applications for advance parole for current DACA recipients and will continue to accept but will not process initial (new) DACA requests.

Pursuant to an injunction and partial stay, handed down by the U.S. District Court for the Southern District of Texas, DHS is prohibited from granting initial (new) DACA requests and related employment authorization under the final rule.

While this is a temporary measure to protect existing DACA benefits, Secretary of Homeland Security, Alejandro Mayorkas stated, “Ultimately, we need Congress to urgently pass legislation that provides Dreamers with the permanent protection they need and deserve.”

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In this blog post, we follow up on our previous reporting relating to a brand-new program launched by the Biden administration that will allow for the admission of up to 24,000 Venezuelans, closely following in the footsteps of the Uniting for Ukraine program.

Today, October 18, 2022, the U.S. Citizenship and Immigration Services updated its “Venezuela” webpage including all the details regarding this new program. Applications are currently being accepted by USCIS.

We break down the details for you down below.

What is this program all about?

USCIS has launched a new process that allows Venezuelan nationals and their immediate family members to come to the United States in a safe and orderly manner.

Like the Uniting for Ukraine program, nationals of Venezuela who are outside the United States and who lack U.S. entry documents will be considered for admission to the United States on a case-by-case basis.

Those who are found eligible, will receive advance authorization to travel to the United States and a temporary period of parole for up to 2 years for urgent humanitarian reasons and significant public benefit.

After being paroled into the United States, beneficiaries are eligible to apply for discretionary employment authorization from USCIS. To apply for an Employment Authorization Document (EAD), applicants must submit Form I-765, Application for Employment Authorization, using the (c)(11) category code with the required fee or apply for a fee waiver.

Using the same Form I-765 form, applicants can also apply for a Social Security number (SSN) by following the form instructions.

If you request an SSN in Part 2 (Items 13a-17.b) of your Form I-765, and your application is approved, USCIS will electronically transmit that data to the Social Security Administration (SSA), and SSA will assign you an SSN and issue you a Social Security card. SSA will mail your Social Security card directly to the address you provide on Form I-765.

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The Biden administration is ramping up efforts to secure the Southwest border to curb illegal immigration stemming from the humanitarian and economic crisis in Venezuela.

In a press release issued October 12, 2022, the Biden administration announced that effective immediately, Venezuelans who enter the United States between ports of entry, without authorization, will be returned to Mexico, pursuant to its agreement with the Mexican government.

The U.S. government also announced a new process to efficiently grant admission of up to 24,000 Venezuelans into the country, that mirrors the Uniting for Ukraine program. This effort is designed to encourage lawful and orderly admission to the United States for Venezuelans.

To be eligible for this new program, Venezuelans must:

  • have a supporter in the United States who will provide financial and other support;
  • pass rigorous biometric and biographic national security and public safety screening and vetting; and
  • complete vaccinations and other public health requirements.

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In the latest legal saga concerning the Deferred Action for Childhood Arrivals (DACA) program, a federal appeals court has declared the DACA program illegal, causing uncertainty for the future of the program.

Yesterday, the three-judge panel for the 5th Circuit Court of Appeals handed down a ruling in which it found that the Obama administration did not have the legal authority to create the DACA program in 2012. The Circuit Court ruling affirms a previous ruling handed down by U.S. District Court Judge Andrew Hanen of the Southern District of Texas which halted the Biden administration’s plans to revive the program last year.

While the panel declared the DACA program illegal, it stopped short of ordering the Biden administration to completely invalidate the program for those with existing DACA benefits, or those seeking to renew those benefits. For the time being, DACA policy remains intact for current beneficiaries, allowing U.S. Citizenship and Immigration Services (USCIS) to continue to accept and adjudicate renewal requests. However, USCIS is prohibited from approving initial applications for DACA, and accompanying requests for employment authorization.

What happens next?

The appeals court has sent the lawsuit back to U.S. District Judge Andrew Hanen, the same judge that previously ordered a nationwide injunction preventing the approval of new DACA applications. Judge Hanen will review the legality of the program under the Biden administration’s policy memorandum which includes revisions to the program.

Sadly, it is unlikely that Judge Hanen will rule in favor of the Biden administration which will likely result in a formal appeal sent to the United States Supreme Court, where chances of its survival hinge on a conservative leaning court. Judge Hanen previously found the program illegal because the government failed to follow the notice and comment periods required by the federal Administrative Procedures Act. In 2016, the Supreme Court deadlocked in a 4-4 decision over expanding DACA to parents of DACA recipients, keeping in place a lower court decision preventing its expansion.

The appellate court’s decision will have long-lasting repercussions, as it forces members of Congress to safeguard the future of the program by passing legislation to settle the matter once and for all. While the topic has been argued for the past decade on Capitol Hill, no meaningful steps have been taken to preserve the program and create a path to residency for Dreamers.

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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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It is not every day that one of our very own paralegals is honored for her work in immigration law, helping provide a voice to those who do not speak the English language. It is with great pride that we celebrate Kely Martell, for her recent feature in the American Bar Association’s Commission on Immigration (COI), profiling her work as an interpreter volunteer.

Ms. Kely Martell works as a case manager in the business department of our law office, but what you may not know is that for the past year and a half, she has also been dedicating her time as a volunteer Spanish language interpreter and translator for the Immigration Justice Project (IJP). There, she has been working closely with attorneys on pro bono defensive asylum cases, helping reduce barriers to justice for the most vulnerable members of our society.

Growing up in Lima, Peru, Kely immigrated to the United States at a young age with no knowledge of the English language. These struggles shaped her early interest in immigration law and her desire to make a difference in the lives of others. At the height of the asylum crisis when thousands of migrant caravans made their way to the United States, Kely was inspired to action and decided to volunteer as an interpreter for several immigration organizations. She immediately made a positive impression for going beyond what was expected of her, not only helping clients understand their legal rights, but also helping clients and their families navigate the complex intricacies of the immigrant detention system. She displayed an extraordinary commitment to handling these complexities with ease.

Kely first became involved with the ABA’s Immigration Justice Project after reaching out to Senior Staff Attorney and Pro Bono Coordinator Ambreen Walji and the rest was history. She describes her experience working for the Immigration Justice Project as being truly rewarding because of the opportunity she has helping detained immigrants on a day-to-day basis, which are some of the most underserved individuals that are most in need of translator services. Continue reading

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Former President Donald Trump’s legacy continues to leave a lasting mark on U.S. immigration policy. On July 21, 2022, the conservative leaning Supreme Court blocked the Biden administration from implementing a new immigration policy that would prioritize deportation for those residing in the country illegally who pose the greatest public safety risk. At least for now that means the Biden administration’s measure will be halted.

The Supreme Court justices were almost nearly split in their decision. In a 5-4 vote, the decision stated that Justices Barrett, Sotomayor, Kagan, and Jackson would have allowed the Biden administration to pursue the policy.

The decision sets the stage for arguments in the case United States, et al. v. Texas, et al. to begin in late November.

Why the decision?

The Supreme Court’s decision was made in response to the Biden administration’s emergency request for the court to settle once and for all the legality of enforcing the policy after conflicting decisions were made by federal appellate courts. In September of last year, the Biden administration had implemented a policy calling for a pause to deportation unless individuals had committed acts of terrorism, espionage, or were egregious threats to public safety.

This directive prompted a flurry of lawsuits by Arizona, Ohio, and Montana, and a separate lawsuit by the state of Texas and Louisiana.

Texas and Louisiana argued that the Biden administration had violated federal law by halting the detention of people in the U.S. illegally convicted of serious crimes. The states also argued that they would be burdened by the administration’s decision because they would need to set in to detain such individuals.

For more information about this decision please click here.

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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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