The International Business Law Firm PC

Category: IMMIGRATION

  • WAITING ON THE MEXICAN BORDER!

    Since reversing the prior administration’s inhumane border policy barring asylum applicants from refuge in the United States during the pendency of their claims, the US government has been working to eliminate the many problems the sudden influx of asylees on the border. One of the program changes is called the Migrant Protection Protocols which authorizes those who had been waiting in Mexico to enter the United States under supervision. Implementing this program on an expedited basis has meant that many of such migrants do not have the information they need on their responsibilities once they have entered the US. Mostly this will be responsibility to maintain contact with the Immigration Court (EOIR – Executive Office for Immigration Review). The following handout is that guidance:

    A man in suit and tie holding a microphone.
    A man in suit and tie holding a microphone.

  • F-1 students from Venezuela and Syria can now apply to:

    • Gain employment authorization
    • Work increased number of hours while school is in session
    • Maintain F-1 status with reduced student course load

    Eligibility requirements:

    Citizen of Venezuela or Syria, regardless of country of birth.

    Lawfully in F-1 nonimmigrant status on April 22, 2021

    Enrolled in a SEVP-certified academic institution

    Maintaining F-1 status currently

    Experiencing severe economic hardship as a direct result of the current humanitarian crisis in Venezuela.

    Transfer students remains eligible for the relief in this notice.

    This Notice is effective for Syrians from April 22 ,2021 to September 30,2022. For Venezuelans from April 22, 2021 to September 9, 2022.

    For more information read the full Federal Register Notice in the following link: https://www.federalregister.gov/documents/2021/04/22/2021-08368/employment-authorization-for-venezuelan-f-1-nonimmigrant-students-experiencing-severe-economic

  • Legal Permanent Residents should avoid traveling outside the US

    During the COVID-19 pandemic, travel restrictions can change quickly for both lawful permanent residents and others seeking to enter or return to the United States. If at all possible, traveling outside the United States should be avoided except in the most urgent situations.

    If you are a lawful permanent resident (LPR), you should keep the following concepts in mind when considering travel outside the United States:

    A man in suit and tie holding a microphone.
    A man in suit and tie holding a microphone.

  • When Will the US Embassy Act on My Visa?

    US Embassies Prioritize Visa Applications to Remedy Backlog

    The Covid-19 crisis has affected immigrant and nonimmigrant visas processing at U.S. Embassies and has created a backlog. The State Department is working to reduce this backlog by prioritizing visa categories.

    The highest priority is given to immigrant visa applications for U.S. immediate relatives, fiancé applicants and other family-sponsored applicants.

    Priority is given to nonimmigrant applications for travelers with urgent needs like foreign diplomats, mission-critical categories of travelers (such as those coming to assist with the U.S. response to the COVID-19 pandemic, and workers who are essential to the American food supply), followed by students, exchange visitors, and some temporary employment visas. For information about nonimmigrant visa wait times go to https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/wait-times.html.

    Also, U.S. Embassies and Consulates are prioritizing immigrant visa cases previously refused under the rescinded Presidential Proclamations 9645 and 9983. For more info about these Proclamations click on https://iblf.com/2021/03/30/presidential-proclamation-ends-discrimination-of-certain-foreign-nationals/

    An embassy or consulate is open and operating as determined by the local conditions.  Applicants should check the website of the desired embassy or consulate for the current operating status. 

    For more information contact us at [email protected] or 202 296 1111.

    By Rosa Hernandez

  • Since the Temporary Protected Status (TPS) became available to Venezuelans and Burmans, many questions have arisen for the citizens of these countries, who previously filed for political asylum

    One of the most common is: Does the asylum office act differently towards me if I have also applied for TPS or Deferred Deportation (DED)?  The answer is both “no” and “yes”.

    “No”, the asylum office does not process an asylum claim differently if the applicant had been granted DED or holds TPS.  Eligibility for asylum is not adversely influenced where the asylum claimant has applied for, or had been granted, DED or TPS. 

    But the answer is “yes” when the asylum applicant is found ineligible for asylum.  When asylum is not granted, the asylum office will act differently if the applicant holds DED from an applicant who holds TPS.  If the TPS holder is likely ineligible for asylum, the office will issue a NOID (Notice on Intent of Deny) and this notification gives the TPS holder an opportunity to explain why he or she is eligible for asylum.  If, after reviewing the response and deciding the applicant is ineligible for asylum, the office will deny the claim but will not refer the TPS holder to removal proceedings because the applicant remains in status until TPS expires.  TPS is considered a form of status.

    However, if the asylum applicant only has DED and the asylum office determines the person is ineligible for asylum, office will send the individual to removal proceedings because the person will be out of status. DED is not a status. To minimize removal from the United States, our recommendation is to file for TPS, even if the individual is a DED holder and has a pending asylum claim.   

    Also, work authorization based on asylum will terminate when the claim is denied.  In that case, the individual is eligible to apply for work authorization based on DED or TPS.  However, DED expires earlier than TPS and, when DED expires, it may be too late to apply for TPS.  If work authorization is based on your asylum claim and your claim is denied, it is important to know that you may wait 3 to 5 months while a new work authorization application is processing.

    Finally, TPS is an individual’s form of status.  That means that each family member needs to file for TPS because the advantages discussed above attach only to the individual who is granted TPS.

    We encourage all people who qualify for TPS to find the best advice from your attorney. He or she will have a better idea about what to do with individual case. Contact us for more information at [email protected] , schedule a consultation at www.iblf.com/contact or call us at 202 296 1111.  

    By Rosa Hernandez

  • Presidential Proclamation Ends Discrimination of certain Foreign Nationals

    Did you apply before January 2021 for an immigrant Visa? Was it rejected because you are a national of one of the group of countries that were banned during Trump’s administration? If so, you can now reapply with a waiver or ask the embassy to reconsider your prior application.

    On January 20, 2021, President Biden signed a Presidential Proclamation “Ending discriminatory bans on entry to the United States” of nationals from: Burma (Myanmar), Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen. This Proclamation allows certain persons, whose visas were denied, to reapply.

    Nonimmigrant visa applicants, who were likewise denied, will need to submit a new visa application (DS-160) and pay a new visa application processing fee if they wish to reapply for a visa.

    The State Department will pursue processing applicants from those countries, without regard to earlier discriminatory bans, consistent with applicable law and visa processing procedures.

    For more information schedule a consultation with us or call us to 202 296 1111.

    By Rosa Hernandez

  • Burma has been designated for TPS

    Syria extended till September 2022

    Secretary of Homeland Security is designating Burma (Myanmar) for Temporary Protected Status (TPS) for 18 months. This new designation of Burma for TPS enables Burmese nationals (and individuals without nationality who last habitually resided in Burma) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.

    TPS holders are eligible to apply for an employment authorization document (EAD) through the U.S. Citizenship and Immigration Service.   Burmese holding TPS may not be deported even if a visitor’s visa expires, the TPS holder entered without a visa or is charged with another deportable offense.

    Also, The Department of Homeland Security published a Federal Register notice (FRN) extending and re-designating Syria for Temporary Protected Status (TPS) for 18 months, effective March 31, 2021, through Sept. 30, 2022.

    The extension allows approximately 6,700 current beneficiaries to re-register and retain TPS through Sept. 30, 2022, so long as they otherwise continue to meet the TPS eligibility requirements. The re-designation of Syria allows an estimated 1,800 additional individuals who have been continuously residing in the United States since March 19, 2021, and continuously physically present in the United States since March 31, 2021, to file initial applications to obtain TPS, if they are otherwise eligible.

    Current beneficiaries under Syria’s TPS designation will be eligible to re-register for an extension of their status and have employment authorization through Sept. 30, 2022. The 60-day re-registration period runs from March 19, 2021, through May 18, 2021.

    USCIS is automatically extending the validity of employment authorization documents (EADs) previously issued under the TPS designation of Syria for 180 days, through Sept. 27, 2021. USCIS will issue new EADs with a Sept. 30, 2022, expiration date to eligible Syrian TPS beneficiaries who timely re-register and apply for EADs during the 60-day re-registration period.  

    Last week IBLF reported on the designation of Venezuela for TPS, and we have been working with Venezuelans to obtain that status.  This week IBLF is happy to report the designation of Burma and we look forward to working with Burmese nations in obtaining TPS. For more information contact us at [email protected] or call us at 202 296 1111.

    With information of USCIS

  • Temporary Protected Status for Venezuelans

    Temporary Protected Status for Venezuelans

    The Department of Homeland Security announced a Federal Register notice (FRN) designating Venezuela for Temporary Protected Status (TPS) for 18 months, effective March 9, 2021, through Sept. 9, 2022. https://lnkd.in/gacaeis

    The FRN details the eligibility criteria applicants must meet and describes the procedures necessary to submit an initial TPS application and apply for an EAD.

    The FRN also provides information about Deferred Enforced Departure (DED) for eligible Venezuelan nationals and how eligible individuals may apply for DED-related Employment Authorization Documents (EADs) with USCIS. https://lnkd.in/eMa4eMK

    By USCIS

  • Are you a national of Liberia or Venezuela?

    The Deferred Enforced Departure (DED) status allows citizens from Liberia, and soon, Venezuela, to remain in the country for the time established in the Federal Register and with the option to obtain work authorization.

    The DED is a temporary migratory benefit for individuals from designated countries and regions, facing political or civic conflict or natural disaster to stay in the United States.

    On January 20, 2021, President Joe Biden issued a proclamation reinstating DED for Liberians. The proclamation has been posted in the Federal Register and it extended DED and work authorization until June 30, 2022, for Liberians who had DED protections that expired on January 10, 2021.

    On January 19, 2021, President Trump issued a memorandum granting DED and work authorization to Venezuelans residing in the U.S. as of January 20, 2021 for a period of 18 months and directed the Secretary of Homeland Security to take appropriate measures, but procedures for  applying have not been published.

    Citizens of Liberia and Venezuela cannot apply if:

    • Have voluntarily returned to their country of last habitual residence outside the United States.
    • Have not continuously resided in the United States since January 20, 2021.
    • Have been convicted of any felony or 2 or more misdemeanors committed in the United States.
    • Were deported, excluded, or removed, prior to January 20, 2021.
    • Are subject to extradition.
    • Whose presence in the country the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety.
    • Or if the Secretary of State has reasonable grounds to believe that their presence in the country would have potentially serious adverse foreign policy consequences for the United States.

    Currently in the United States, the Congressional Budget Office (CBO) estimated about 200,000 Venezuelans would be eligible for TPS protection, which would likely be the same number protected by DED.

    U.S. Citizenship and Immigration Services (USCIS) estimates about 3,600 Liberians were TPS holders at the time DHS terminated their status in 2007.  Only Liberians who held TPS before its termination are eligible for DED. If you believe that you can qualify or know about a friend or family member from one of these countries, we invite you to contact us to the phone number 202 2961111 or schedule a free consultation through our website www.iblf.com/contact

    By Rosa Hernandez

  • President’s Executive Order Restoring America’s Welcome to Immigrants

    A man in suit and tie holding a microphone.

    The President has issued an Executive Order which changes the policy direction of the Federal agencies which implement the immigration system. This order, issued February 2, 2021, has already had changed policy in substantial ways, including the recent reversion of the plan to modify the Naturalization Civics test in ways that would have meant substantially more denials, based on a rationale that has now been rejected. As stated by the USCIS in a policy email:

    We determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.  

    Applicants who filed their naturalization applications on or after Dec. 1, 2020, but before March 1, 2021, with an initial examination (interview) before April 19, 2021, will have the choice to either take the 2008 civics test or the 2020 civics test. We will notify applicants who are affected by the change. If the initial interview is scheduled on or after April 19, 2021, applicants will take the 2008 civic test.