News


Temporary Protected Status (TPS)

On October 3, 2018, a federal judge in San Francisco, blocked the Trump Administration from ending Temporary Protected Status (TPS). The decision will allow TPS to continue for immigrants from four countries- Sudan, Nicaragua, Haiti and El Salvador- and allow them to continue live and work legally in the United States. The judge stated that the move by the Trump Administration would cause “irreparable harm and great hardship.” Judge Chen granted a request for a...

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U.S. Supreme Court decision on Notices to Appear or NTAs

On June 21, 2018, the U.S. Supreme Court held in an 8-1 decision that Notices to Appear or NTAs (the document that the government servesonindividuals to notify them of their removal proceedings) are facially defective if they do not contain a time and date that the individual must appear at Court. This case of Pereira v. Sessions is “big news” because the overwhelming majority of NTAs that the government has served in the past twenty...

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Litigating Asylum Claims after Matter of AB

In Matter of AB, Attorney General Jeff Sessions reversed matter of ARCG which established the particular social group of Guatemalan women who are unable to leave their husbands. This particular social group paved the way for victims of domestic violence who are trapped in the culture of “machismo” in Latin America to seek and gain asylum in the United States. In the dicta of this case Sessions also questioned the viability of claims related to...

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Special Juvenile Immigrant Status (SIJS)

Special Juvenile Immigrant Status (SIJS) is a program that is designed for people under the age of 21 who have been neglected, abused, abandoned or have a deceased parent, and who cannot return to their home countries because they have no one to care for or protect them.The program requires state family court to find that the child has been abused, neglected or abandoned by his/her parent, and needs a caretaker or guardian. An immigration...

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Preparing For The End Of Tps

The decision by the Trump administration to end Temporary Status (TPS) for Salvadoran citizens has created widespread concern and even some panic. For most of our clients, there are options available to prevent, or at least further delay any forced or unwanted departure from the U.S. In many cases, there are even potential possibilities for permanent residency. Our recommendations for TPS beneficiaries are as follows: Make sure you file the extension application before March 19,...

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DACA’s Temporary Reprieve

The recent decision by the United States Supreme Court to decline to hear the Trump administration's appeal of a federal judge's ruling that continues the DACA program, provided temporary relief for DACA recipients but no long-term solution. The Court action essentially allows the program to continue as it works its way through the federal system, a path that will likely take many months. Ultimately, however, the Administration will likely prevail and DACA will come to...

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TPS Recipients Should file for Extension and Advance Parole

Salvadorian recipients of Temporary Protected Status (TPS) are urged to file immediately for extension of TPS and Advance Parole. Current TPS holders from El Salvador have until March 19, 2018 to file for the extension, which includes forms I-821 (registration) and I-765 (work authorization) along with a filing fee of $495.00. Properly filed applications will extend legal status until March 9, 2019. We also strongly suggest that TPS holders apply for Advance Parole if possible....

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Still More H-1B Scrutiny- Work Site Visits

The administration’s continued scrutiny of H-1B professional workers became even more intense last week when U.S. Department of Homeland Security’s (DHS) released a report that called for increased targeted site improvements for H-1B workers as a means to improve the “Administrative Site Visit and Verification Program.” This comes on the heels of the massive number of Request for Evidence (RFE) letters that challenged employers to document the Level 1 wage requested in many H-1B applications...

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Immigration Alert: FY2019 Diversity Visa Lottery Now Open

The U.S. Department of State will accept applications online for the FY2019 diversity lottery between 12 noon Eastern Daylight Time (EDT) (GMT-4) on Wednesday, October 18, 2017, and 12 noon Eastern Standard Time (EST) (GMT-5) on Wednesday, November 22, 2017.The Diversity Immigrant Visa Program, permits up to 50,000 immigrant visas for nationals form certain designated countries which are determined to be “under subscribed” for the preceding year. In order to enter the diversity visa lottery, an individual...

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DREAMERS HELD HOSTAGE

No one should have been surprised when the Trump administration announced that it would require massive new immigration restrictions in exchange for agreeing to extend benefits for 800,000 Dreamers. Most expected that the price for the Dreamers would be paid for in a wall along the southern border, but many hoped the pay-off would stop there. It has not. Instead, the administration is pushing its entire anti-immigrant agenda, pitting the Dreamers against virtually every other...

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Immigration Alert: USCIS Resumes Premium Processing for All H-1B Petitions

U.S. Citizenship and Immigration Services has resumed Premium Processing today for all H-1B petitions. The Premium Processing was suspended for all H-1B petitions on April 3, 2017. Employers can now request Premium Processing for new and pending H-1B petitions by Filing Form I-907 and submitting the $1,225 filing fee. USCIS must respond within a fifteen (15) calendar day period with either an adjudication or Request for Further Evidence, or will refund the fee.

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TPS Ends for Nicaraguans; Extended 6 months for Hondurans; Salvadoran, Hattians in Doubt

The Trump Administration announced yesterday it was ending Temporary Protected Status (TPS) for 5,300 Nicaraguans who have untilJanuary 5, 2019 to leave the country, obtain alternative legal status or become undocumented. TPS was automatically extended 6 months, through July 5, 2018, for 86,000 Hondurans when Acting Secretary Elaine Duke was unable to make a decisionregarding living conditions in Honduras following the 1999 hurricane. By far the largest number of TPS recipients, 212,000, are from El...

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