From June 15, 2012, the Obama Administration's Deferred Action for Childhood Arrivals program (“DACA”), instructs the USCIS, ICE and CBP to exercise Prosecutorial Discretion towards certain undocumented aliens, who came to the USA as children. On August 15, 2012, the USCIS made available the application form I-821D for DACA. The application fee is $465 ($380 for the processing and $85 biometrics fee). This Prosecutorial Discretion, if granted, does not confer on the alien any lawful immigration status, and neither does it entitle such alien to apply for a green card or Naturalization in the USA. The main relief offered by DACA is the two year deferral of removal or deportation such aliens will receive.
There are three types of temporary programs:
- Temporary Protected Status (TPS);
- Deferred Action — of which the latest instituted Deferred Action for Childhood Arrivals (DACA) has made headlines over the last year or so, and
- Prosecutorial Discretion (PA).
The first two are administered by USCIS while the third one by USICE's litigation department known as The Office of the Principal Legal Adviser (OPLA). The Secretary of Homeland Security may designate a foreign country for TPS due to conditions in the country that temporarily prevent the country's nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already in the United States. Eligible individuals without nationality who last resided in the designated country may also be granted TPS. On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several key guidelines may request consideration of deferred action for a period of two years, subject to renewal, and would then be eligible for work authorization. Deferred action is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Deferred action does not provide an individual with lawful status.
Every now and then, there may be a situation in which someone needs to enter the United States for a temporary amount of time because of a humanitarian emergency. In order to accommodate these rare situations, U.S. Immigration Law has established Humanitarian Parole (HP), a program, which, while not a panacea or “go around” of the normal visa application process, is designed to accommodate true emergencies of humanitarian nature. The U.S. Government strictly enforces this policy. Hence, applying for HP is one step, which should be first discussed with an experienced immigration attorney to properly consider all the intricacies of the situation and assess reasonable changes of success on the Humanitarian Parole application.
Temporary Protected Status (TPS) is a temporary benefit provided to nationals of a country designated by the Secretary of Homeland Security as unable, due to conditions in the country, to safely handle the return of its nationals. If a national of a country designated for TPS is granted TPS, he or she is not removable from the United States, may be granted an employment authorization document (EAD), and may be granted authorization to travel. However, TPS is a temporary benefit and it does not lead to lawful permanent resident status or any other immigration status. However, TPS beneficiaries may apply to change to a nonimmigrant status, adjustment to permanent resident status, or for an immigration benefit for which they are eligible.
On July 8, 2016, Secretary of Homeland Security Jeh Johnson extended Temporary Protect Status (TPS) for nationals of El Salvador, and those without nationality who last habitually resided in El Salvador, for an additional 18 months. El Salvadorians who are currently on TPS and want to extend their TPS must reregister during the 60-day reregistration period that runs from July 8, 2016, through September 6, 2016. The news release advises El Salvadorians who wish to extend their TPS to reregister as soon as possible.
A person with a valid nonimmigrant status may apply for and be granted temporary protected status (TPS). One of the principal benefits of TPS is that a person on TPS may apply for and be granted an employment authorization document (EAD), which allows for employment in the United States. However, certain nonimmigrant statuses that may be held in conjunction with TPS (e.g., F-1, B-2) limit or outright prohibit the employment that a status-holder may engage in and continue to maintain status. This article will explain USCIS’ guidelines for TPS EADs for persons who hold a nonimmigrant status that either limits or prohibits employment.
An alien may be granted parole in order to enter the United States. A parolee is eligible to apply for and be granted adjustment of status so long as he or she remains in the United States as a parolee (and is not otherwise ineligible to adjust status). However, while a person is considered to be lawfully present so long as he or she is on parole, parole does not constitute “admission” to the United States, and it may be revoked at any time. In this article, we will provide a general overview of parole and some of the different situations in which it may be granted.
In order to qualify for temporary protected status (TPS), an alien must be present in the United States when his or her country of nationality (or country of last habitual residence if he or she does not have a country of nationality) is designated for TPS. The Board of Immigration Appeal’s decision in Matter of Ognibene established that for purpose of changing status to E2 treaty investor status, the operative nationality of an alien is the nationality that he or she claimed upon entering the United States as a nonimmigrant. Although the issues are not entirely the same for dual nationals seeking TPS, the principles of Matter of Ognibene have been broadly applied to dual nationals whose operative nationality is determined to be that of the non-TPS designated country.
On August 1, 2016, the Secretary of Homeland Security, Jeh Johnson, redesignated Syria for Temporary Protected Status (TPS). Syria’s existing TPS designation has been extended from October 1, 2016, to March 31, 2018. Accordingly, eligible nationals of Syria and persons of no nationality who last habitually resided in Syria will be eligible to register or reregister for TPS during periods found in the Federal Register notice.
On May 9, 2016, the United States Citizenship and Immigration Services (USCIS) announced that it would begin implementing the Filipino World War II Veterans Parole (FWVP) policy on June 8, 2016. Notice of the new program was also posted in the Federal Register [81 FR 28097]. The program will allow the family members of U.S. citizen or LPR Filipino WWII veterans who are the beneficiaries of approved family-based immigrant visa petitions to be granted parole on a case-by-case basis. In this article, we will review the USCIS news release and the Federal Register update in order to examine the rules of the FWVP.
Today, USCIS begins accepting applications for the Filipino World War II Veterans Parole Program (FWVP). In conjunction with the rollout, USCIS has a videos that explains how the VWFP works. The video is included in this post.
On December 13, 2016 the United States Citizenship and Immigration Services (USCIS) announced that it would extend its parole program for the immediate relatives of U.S. citizens and certain stateless individuals in the Commonwealth of the Northern Mariana Islands (CNMI). The program, which was originally slated to expire on December 31, 2016, will now be extended until December 31, 2018. In this article, we will examine the rules for seeking an extension of parole in the CNMI under the rules of this program, the background of the program, and what the extension means going forward.
The United States Citizenship and Immigration Services (USCIS) offers certain immigration relief measures to people affected by unforeseen circumstances. The USCIS put out a news release on August 19, 2016, using the recent severe storms and flooding in Louisiana as an example.
When a nonimmigrant, lawful permanent resident (LPR), or naturalized citizen applies for a benefit or license with a federal, state, or local government agency, the government agency must first verify the person’s immigration status to ensure that he or she is eligible for the benefit or license sought. In order to do this, government agencies use the United States Citizenship and Immigration Services’ SAVE Program. The SAVE Program allows government agencies to expeditiously confirm a person’s immigration status. For persons seeking a benefit or license, the USCIS created a tool called “SAVE CaseCheck.” SAVE CaseCheck allows applicants for benefits or licenses with government agencies to view their case status online.
On October 26, 2016, the United States Citizenship and Immigration Services (USCIS) published a Federal Register notice extending the designation of Nepal for Temporary Protected Status (TPS) for eighteen months, effective December 25, 2016, and through June 24, 2018. This article will explain how Nepal TPS beneficiaries may re-register for TPS.
On December 27, 2016, the DHS extended the suspension of certain regulatory requirements for qualifying Nepalese students who were experiencing “severe economic hardship” as a direct result of the earthquake that occurred in Nepal on April 25, 2015. In this article, we will examine who is eligible to apply for benefits under the extension and what the extension means for qualifying F1 students from Nepal.
On January 12, 2017, the Department of Homeland Security (DHS) opted to revoke the “wet-foot/dry-foot” policy for Cuban migrants that has been in effect since 1995. The DHS is also ending the Cuban Medical Professional Parole program. The announcement by the DHS serves to put Cubans who reach the United States without a visa or legal authorization on the same footing as any other individuals who do so. It represents a significant change in how the United States will treat Cuban migrants, and it severely limits the scope of the Cuban Adjustment Act, which does remain in effect despite the new policy. In this article, we will examine what the new policy means and what may happen going forward with the changing administrations.
On January 4, 2017, the Secretary of Homeland Security redesignated Yemen for Temporary Protected Status (TPS) and extended the TPS designation for an additional 18 months, from March 4, 2017, through September 3, 2018. We will examine what this means for nationals of Yemen who are seeking to re-register for TPS and for those seeking to apply for TPS for the first time.
On January 19, 2017, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (“the Memo”) titled “Subject: Revision of Adjudicator’s Field Manual Subchapter 10.22 – Change of Gender Designation on Documents Issued by U.S. Citizenship and Immigration Services.” The Memo revises the Adjudicator’s Field Manual (AFM) to update USCIS’s policies “regarding procedures and requirements to change the gender designation on a USCIS-issued document.” In this article, we will review the new guidance for changing one’s gender designation on a USCIS document.