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USCIS Announcements

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USCIS Announces Temporary Protected Status for Nepalese Citizens

On June 24, 2015, The Department of Homeland Security (DHS) announced the designation of Nepal for TPS and that eligible Nepalese nationals (and people without nationality who last habitually resided in Nepal) residing in the United States may apply for TPS.

The requirements for TPS for Nepalese citizens can be found here: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/temporary-protected-status-designated-country-nepal

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USCIS extends employment authorization H-4 spouses of H-1B nonimmigrants

USCIS announced today that beginning May 26, 2015, it will issue employment authorization documents to H-4 dependent spouses of H-1B nonimmigrants who are seeking lawful permanent residence.  

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who: 

  • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 
  • Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

USCIS estimates the number of individuals eligible to apply for employment authorization under this rule could be as high as 179,600 in the first year and 55,000 annually in subsequent years

Read the full announcement here on USCIS's website: http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

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USCIS Announces In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala

The Department of State and U.S. Citizenship and Immigration Services (USCIS) are pleased to announce a new in-country refugee and parole program for certain qualified minors in El Salvador, Guatemala and Honduras.  The program allows certain parents who are lawfully present in the U.S. to request access to the U.S. Refugee Admissions Program for their children still residing in one of these three countries. Applicants who gain access to the program, but are found ineligible for refugee status will be considered on a case-by-case basis for parole into the United States.

Read USCIS's full announcement here: http://www.uscis.gov/humanitarian/refugees-asylum/refugees/country-refugeeparole-processing-minors-honduras-el-salvador-and-guatemala-central-american-minors-cam

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USCIS Announces Effective Date of Expanded DACA

USCIS will begin accepting applications under the new and expanded Deferred Action for Childhood Arrivals Program on February 18, 2015.

From the USCIS website:

Deferred Action for Childhood Arrivals (DACA) program

Who

  • Individuals with no lawful immigration status who are seeking initial or renewal DACA.

What

  • Extends the deferred action period and employment authorization to three years from two years, and allows you to be considered for DACA if you:
    • Entered the United States before the age of 16;
    • Have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;
    • Are of any age (removes the requirement to have been born after June 15, 1981); and
    • Meet all the other DACA guidelines.

When

  • February 18, 2015 (USCIS will not accept requests for expanded DACA before that date.)

 

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USCIS Announces TPS Re-Registration for Salvadorans

Yesterday, USCIS announced that TPS benefits for citizens of El Salvador would be extended for an additional 18 months, effective March 10, 2015.  The re-registration period will run from January 7, 2015 to March 9, 2015.

For more information on the extension of TPS benefits for Salvadorans, you can go to USCIS's website: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/tps-designated-country-el-salvador/temporary-protected-status-designated-country-el-salvador

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USCIS Announces TPS Re-Registration for Syrians

USCIS announced re-registration for Syrians who currently hold Temporary Protected Status.  TPS will be extended for Syrians until September 30, 2016.  

For more information on TPS for Syrians, you can view the USCIS website: http://www.uscis.gov/humanitarian/temporary-protected-status-deferred-enforced-departure/tps-designated-country-syria/temporary-protected-status-designated-country-syria

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Executive Action is Here!

Pursuant to the President's speech last night, the Department of Homeland Security (DHS) has released detailed memos regarding administrative relief for millions of immigrants in the United States.  The highlights include:

1) Expanding the DACA program to anyone brought to the United States before the age of 16 (regardless of their current age) who entered the United States on or before January 1, 2010.  The deferred action and work authorization will now be granted for 3 years, instead of 2 years.  The program will not benefit those who are included in the DHS's updated enforcement priorities (see below for more information on these priorities).  Applications under the expanded DACA program will be considered on a case-by-case basis beginning no later than 90 days from the date of the announcement (November 20, 2014).  Applications fees will continue to be $465.

2) Creating the Deferred Action for Parents (DAP) program for the parents of US citizens and lawful permanent residents. DAP eligibility requires that these parents have been continuously residing in the United States since January 1, 2010, be present in the United States on November 20, 2014 and on the date that they request deferred action, and have had no lawful immigration status on November 20, 2014.  DAP participants will receive deferred action and employment authorization for 3 years.  Like the expanded DACA program, DAP will not include individuals who are listed in the DHS's enforcement priorities.  Applications under the new DAP program will be considered on a case-by-case basis beginning no later than 180 days from the date of the announcement (November 20, 2014).  The application fee will be $465. 

3) Expanding the Provisional Waiver program (also called the 601A program) to children (both minor and adult) and spouses of lawful permanent residents and to the adult children of U.S. citizens.  This program allows beneficiaries to apply for a waiver of their unlawful presence before they leave the United States, minimizing the amount of time they are separated from their families when applying for their permanent residence at a consulate.

4) Changes to Employment-Based Immigration: The program proposes changes to the way employment-based green cards are distributed.  It also proposes extending the time that students with science-, math-, engineering-, and technology-related degrees may engage in Optional Practical Training (OPT) after graduation, and potentially expanding the types of degrees that graduates can hold when requesting OPT.  This is an important step in helping non-citizen graduates of American universities contribute their skills to the American economy.  Additionally, the program should improve the ability of talented and educated individuals to obtain immigration status without an employer sponsor.  Some of these reforms are targeted at helping inventors, researchers, and founders of start-up enterprises.  Finally, the reforms include a directive that USCIS should clarify the standards for certain employment-based visas and to clarify when someone who is waiting for an employment-based visa to become available can change employers without endangering their green card process.

5) Finding ways to make the naturalization process more accessible to lawful permanent residents.

6) Ending Secure Communities - a program linking local law enforcement databases and Immigration and Customs Enforcement (ICE) apprehension efforts.   Secure Communities has engendered grave mistrust of local law enforcement within the immigrant community.  The program has become very unpopular with local politicians and police, who suffered from strained relations with the immigrant members of their community.  A new program will be developed, with an emphasis on prioritizing the apprehension of individuals who come within the ambit of the DHS's new enforcement priorities.

7) Increasing the effectiveness of border security efforts.

8) Expanding parole-in-place and deferred action for undocumented parents, children, and spouses of individuals seeking to enlist in the armed forces.

9) Possible pay raises for ICE officers

10) Revised enforcement priorities for ICE, which are now divided into three classifications.  Priority 1 consists of individuals who are suspected of terrorism or espionage, individuals apprehended at ports of entry trying to illegally enter the US, individuals convicted of gang-related offenses, and those convicted of felonies or aggravated felonies.  Priority 2 consists of individuals who have been convicted of 3 or more misdemeanors, individuals convicted of a significant misdemeanor (i.e. domestic violence, DUI, burglary, sexual abuse, drug trafficking, firearms possession) who were sentenced to 90 days or more of jail time, individuals who illegally entered or reentered the US and who have not been continuously present in the US since January 1, 2014, and individuals who have abused the visa and visa waiver programs.  Priority 3 consists of individuals who were issued a final order of removal on or after January 1, 2014.

A summary of the programs with links to more detailed descriptions of many of the President's actions can be found on the USCIS website: http://www.uscis.gov/immigrationaction

Details about the benefits for relatives of those seeking to enlist in the military can be found here: http://www.dhs.gov/sites/default/files/publications/14_1120_memo_parole_in_place.pdf

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USCIS Extends Temporary Protected Status to Sierra Leone, Liberia, and Guinea

In light of the Ebola virus breakout, USCIS is extending TPS to citizens of Sierra Leone, Liberia, and Guinea, who are residing in the United States as of today's date (November 20, 2014).  See the full announcement here: http://www.uscis.gov/news/dhs-announces-temporary-protected-status-designations-liberia-guinea-and-sierra-leone#.VG4JCgRRiTQ.gmail

 

What a great start to what I hope will be a historic day for immigration reform! 

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