Articles Posted in Unlawful Presence

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an exciting new procedure for individuals arriving at the United States border to apply for asylum, specifically with respect to those asylum seekers who are subject to expedited removal.

Want to know more? Keep on watching for all the details.

Overview

What is Asylum?

Asylum is a form of protection which allows an individual to remain in the United States instead of being removed to a country of feared persecution. To apply for asylum in the U.S., individuals must file the required application, form I-589, and submit it with the appropriate documentation within one year of arriving to the United States. To be successful, individuals must establish that they have suffered persecution or fear that they will suffer persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

Under current immigration law, individuals applying for defensive asylum at the border (meaning that they do not have a valid visa at the time of entry) are detained by the United States Customs and Border Protection (CBP) and become subject to removal proceedings. Once an immigration hearing is scheduled, the asylum seeker is given the opportunity to make his or her case for asylum before an immigration judge.

Currently, the defensive asylum process is taking over 7 years to complete in the United States, including the required scheduling of a hearing before an immigration judge.

New Interim Final Rule

To streamline the defensive asylum application process at the border, the Biden administration recently published a new interim final rule in the federal register entitled, “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers.”

Under the new interim final rule, released on March 29, 2022, the Biden administration seeks to overhaul the current defensive asylum system to drastically reduce backlogs in the immigration courts and improve filing procedures.

The final rule proposes sweeping changes to current asylum law including allowing asylum claims to be heard and evaluated by United States Citizenship and Immigration Services (USCIS) asylum officers instead of immigration judges.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the latest in immigration reform. Over the past few months, Democrats have been scrambling to pass immigration reform through a series of social spending proposals included in President Biden’s Build Back Better Act, a piece of legislation that would shield Dreamers, TPS holders, farm workers, and essential workers from deportation.

Want to know more? Just keep on watching.

Overview

For a third time the Democrats have tried and failed to introduce comprehensive immigration reform proposals in the reconciliation bill known as H.R. 5376 “the Build Back Better Act.”

What happened?

On December 16, 2021, the Senate Parliamentarian, Elizabeth MacDonough, rejected the most recent proposal by Democrats in Congress to introduce important protections for undocumented immigrants including Dreamers, TPS visa holders, farm workers, and essential workers. H.R. 5376 also included provisions that would extend work permits, provide temporary relief from deportation for undocumented immigrants who came to the United States before January 2011, and other provisions that would exempt certain employment-based and family-based immigrants from the numerical limitations prescribed by the Immigration and Nationality Act.

The Senate Parliamentarian quickly shot down the new proposals, stating that Congressional Democrats could not include a pathway to citizenship for undocumented immigrants in a social spending bill. Further, MacDonough indicated that if passed, the proposal would create a new class of about 6.5 million eligible individuals for permanent residency which was already prohibited in the previous two rejected proposals. She added that the most recent proposal by Democrats was deficient in the same way as the previous proposals stating, “there are substantial policy changes with lasting effects just like those we previously considered and outweigh the budgetary impact.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new court ruling blocking the issuance of initial DACA applications and what this ruling could mean for the future of comprehensive immigration reform. What can we expect to see from Congress regarding the legalization of undocumented young Americans moving forward?

Stay tuned to find out more.

Overview

On Friday, July 16, 2021, a federal judge from the United States District Court for the Southern District of Texas, granted a permanent injunction against the DACA program, which essentially halts the processing of new first-time applications under the program. The permanent injunction however does not prevent the filing of DACA renewals by those who are already receiving benefits under the DACA program. It also does not have any negative impact on DACA benefits already issued under the program such as deferred status, employment authorization, and advance parole.

Why is this ruling significant?

The judge’s recent decision is significant because it may lead to the beginning of a long battle toward achieving comprehensive immigration reform.

As you may recall, the DACA (Deferred Action for Childhood Arrivals) program came about by Executive Order during the Obama administration in 2012. Since then, the DACA program has allowed nearly a million young immigrants to remain in the United States, to live, study, and work as productive members of our society. It has been 9 years since the start of this program, and Congress still has not acted to provide a pathway to citizenship for Dreamers.

The uncertainty surrounding the program and its constant upheaval in courts across the country has led many young immigrants to question whether they can continue to call America, home.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses President Biden’s new plan to make the citizenship application process more accessible and available to more people: what’s happened so far and what plans does the Biden administration have for the future?

Keep on watching for all the details. In addition, please stay tuned for information about big changes coming soon to the United States passport application process, including a new gender option for applicants who are gender non-conforming, and information about a new bill introduced last week called, America’s CHILDREN Act that would open a pathway for permanent residence for certain individuals who came to the United States as children but overstayed their length of authorized stay.

Overview

Biden’s Interagency Strategy for Promoting Naturalization

The Biden administration is launching a nationwide campaign initiative to encourage long time lawful permanent residents (green card holders) to become U.S. Citizens. These efforts stem from President Biden’s February 2nd Executive Order “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.” A hallmark of this executive order is to “welcome strategies that promote integration, inclusion, and citizenship.” As part of these efforts, the Biden administration is now working closely with the United States Citizenship and Immigration Services (USCIS) to unveil a new strategy that will encourage an estimated 9 million green card holders living in the United States to apply for U.S. Citizenship. These unprecedented efforts will target those permanent residents who have the ability to naturalize.

How will this be done?

The Biden administration will be strategizing with USCIS to determine the best ways to reach this massive pool of permanent residents by holding naturalization ceremonies at national parks to raise awareness, partnering with the US Postal Service to display promotional posters at Postal Service facilities about becoming a US citizen, and engaging with the Department of Veterans Affairs and veteran service organizations to find ways to educate service members and veterans on citizenship.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick informs you of an exciting new court decision handed down by a federal judge from the Northern District of California. This new court decision immediately vacates the 2019 Modernization Rules passed under the Trump administration. As our readers will be aware, the 2019 Rules sought to raise the minimum investment amount for EB-5 investors from $500,000 to $900,000, narrowing the pool of applicants able to apply for a green card. The good news is that this new ruling reinstates the original rules governing the EB-5 visa program and reverts the minimum investment amount back to $500,000.

In addition to this exciting news, Jacob discusses further updates regarding immigration reform bills before Congress, pending litigation against the State Department, and more!

Want to know more? Keep on watching for all the details.

Overview

New Court Ruling Reinstates $500,000 Minimum Investment Amount for the EB-5 Immigrant Investor Program

We are happy to announce that thanks to a new landmark court decision, known as matter of Behring Regional Center LLC V. Chad Wolf et al. EB-5 Immigrant Investors will now have the opportunity to invest a minimum amount of $500,000 in an EB-5 project within a geographic area, considered a Targeted Employment Area. On June 22nd Federal Judge Corley announced in a court ruling that the 2019 Modernization Rule passed under the Trump administration would be vacated immediately, considering that the former acting DHS Secretary, Kevin McAleenan was not properly appointed to his position under the Federal Vacancies Reform Act when he implemented the 2019 Modernization Rule. As a result, Mc Aleenan did not have the authority to issue the rule, and it has now been declared invalid under the eyes of the law.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the latest immigration legislation, otherwise known as the U.S. Citizenship Act of 2021.

So, what is this new bill all about and how can it benefit your family?

Keep on watching to learn more.

Overview

We have very exciting news for you today. We are pleased to report that Biden and congressional Democrats have introduced a brand-new piece of legislation known as the U.S. Citizenship Act of 2021. While his new bill has not yet become law, it is creating a lot of buzz because it proposes an earned path to citizenship for millions of undocumented immigrants who were in the United States on or before January 1, 2021.

The new bill would create a “fast track” green card application process for certain types of immigrants including DACA recipients, those who qualify for Temporary Protected Status (TPS), and farm workers who can demonstrate their work history.

The introduction of this bill is significant, because it appears that Congress is finally gearing up to compromise and pass a comprehensive immigration reform package for the first time in decades.

What are the main highlights of the bill?

The bill makes the following proposals:

  • Establishes an 8-year path to citizenship for undocumented immigrants who arrived in the United States by January 1, 2021
  • Provides an expedited path to citizenship for farm workers, those eligible for Temporary Protected Status, and undocumented young people who arrived to the U.S. as children with temporary status under DACA
  • Establishes Lawful Prospective Immigrant Status for 6 years
  • Replaces the word “alien” with “non-citizen” under immigration law
  • Raises the per-country visa caps on family and employment-based legal immigration numbers
  • Repeals the penalty that prohibits undocumented immigrants who leave the country from returning to the U.S. for between 3- and 10-years (repeals the 3 and 10-year bars) to allow for families to stay together without the need to file a waiver of inadmissibility
  • Expands transitional antidrug task forces in Central America
  • Increases funding for technology at the southern border

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick talks about President Biden’s newly signed executive orders on immigration and his administration’s new legislative bill.

Want to know more? Keep on watching for more information.

Overview

On January 20, 2021, in his first day in office, President Biden signed a series of executive orders relating to immigration. In this video, attorney Jacob Sapochnick discusses what these executive orders will mean for you and what we may expect to see from the Biden administration in the months ahead with respect to comprehensive immigration reform.

Fact Sheet on Immigration

The Biden administration unveiled a brand new immigration reform bill entitled, the U.S. Citizenship Act of 2021, which proposes to overhaul the United States immigration system.

The bill includes a number of new reforms designed to streamline the immigration system and create a pathway to citizenship for undocumented immigrants. To become law, the bill must still pass both houses of Congress including the U.S. House of Representatives and the Senate.

These reforms are as follows:

  • Offers an 8-year path to citizenship for millions of people who were living in the United States unlawfully on Jan. 1, 2021. They would be eligible to apply for a green card after 5 years in a temporary status if they pass background checks and pay their taxes and could then apply for citizenship 3 years later.
  • Allows people with Deferred Action for Childhood Arrivals (DACA) protection, a group known as “Dreamers”, who were brought to the United States illegally as children, farmworkers and people with Temporary Protected Status to immediately apply for a green card if they meet specific requirements. They would have a 3-year path to citizenship.
  • Permits certain immigrants who were deported during the Trump administration and had previously lived in the United States for three years to return to reunite with family or for other humanitarian reasons.
  • Raises annual per-country limits on family-based immigration and eliminates them for employment visas.
  • Introduces changes to ease the U.S. citizenship application process.
  • Increases the diversity visa lottery program visa quota from 55,000 to 80,000.
  • Exempts spouses and children of green card holders from employment-based immigration quotas, expanding the number of green cards available to employment-based immigrants.
  • Scraps multi-year bars to re-entry for certain people who lived in the United States illegally and then left.
  • Clears family-based and employment-based visa backlogs.
  • Provides work permits to dependents of H-1B visa holders.
  • Authorizes regional processing centers in Central America to register and process people for refugee resettlement and other legal migration programs.
  • Authorizes funding for legal counsel for vulnerable populations of migrants, such as children.
  • Increases the number of immigration judges working in the court system.
  • Eliminates the 1-year filing deadline for asylum applications.
  • Changes the word “alien” to “noncitizen” in U.S. immigration laws.
  • Immigrants with approved family-sponsored petitions (I-130) can join family members on a temporary basis while they wait for their green cards to become available.
  • New immigration protections for widows and children of second World War veterans.

For more detailed information about the U.S. Citizenship Act of 2021 please click here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new federal court order that reinstates the DACA program (Deferred Action for Childhood Arrivals) and invalidates the Wolf Memorandum which previously posed an obstacle to initial requests for DACA.

Want to know more? Keep on watching for more information.

Overview

On December 4, 2020, U.S. District Judge Nicholas G. Garaufis of the Eastern District of New York made history when he signed a court ruling that will force the government to accept new initial requests for DACA within 3 calendar days.

This legal challenge was brought before the court after the government’s publication of the controversial “Wolf Memorandum” on July 28, 2020, in which the acting Secretary of Homeland Chad Wolf unlawfully directed DHS personnel to (1) reject all pending and future initial requests for DACA (2) reject all pending and future applications for advance parole absent exceptional circumstances, and (3) to shorten DACA renewals to a two-year period.

DACA applicants who had an application for deferred action through DACA pending between June 30, 2020 and July 28, 2020 (the date the Wolf Memorandum was issued) brought sought alleging that the Wolf Memorandum was a violation of the Administrative Procedure Act.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some very exciting news for first time DACA applicants. Pursuant to a recent court order, a federal judge has ruled that the government must restore the DACA program to its pre-September 2017 status, meaning that USCIS must accept new applications from first time DACA applicants and advance parole requests. Stay tuned for more information on this topic.

Overview

On July 17, 2020 a federal judge in the state of Maryland issued a ruling that requires the government to restore the DACA program to its pre-September 2017 status. This means that USCIS must continue the DACA program as it was before it was rescinded by the Trump administration on September 5, 2017, when applications for DACA were being accepted by first time applicants.

Before this decision, on June 18th the Supreme Court of the United States issued a ruling on DACA finding that, although the government’s rescission of DACA violated the Administrative Procedure Act, the government could lawfully rescind DACA so long as the government follows the procedures required by the APA. In effect, the Supreme Court’s decision left open the possibility for DACA to be rescinded by the Trump administration. The Supreme Court emphasized that it would not decide whether DACA or its rescission are “sound policies.”

After its ruling, the Supreme Court sent the case back to the lower courts, where the Maryland judge ultimately decided in favor of reinstating the DACA program.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, we discuss a little-known law called LIFE Act 245(i) which allows certain undocumented immigrants to apply for permanent residence.

Want to learn more? Keep on watching.

Overview:

What is 245(i)?

Section 245(i) is a provision of the Legal Immigration Family Equity Act (LIFE) which allows certain persons, who entered the United States without inspection (unlawfully), or otherwise violated their status, to apply for adjustment of status in the United States, if they pay a $1,000 penalty.

To be eligible, the applicant must have an immigrant visa immediately available. Immigrant visas are immediately available for spouses of U.S. Citizens, unmarried children under 21 years of age of a U.S. Citizen, and parents of U.S. Citizens (if the U.S. Citizen is 21 years of age or older).

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