Visa Lawyer Blog

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border-6971270_1280Today, October 17, 2024, the U.S. government announced new measures providing immigration relief to Lebanese nationals currently residing inside the United States.

18-Month Designation of TPS for Lebanon

Firstly, the Department of Homeland Security (DHS) has announced the designation of Lebanon for Temporary Protected Status (TPS) for a period of 18 months. This decision marks Lebanon’s first designation for TPS.

This designation was made based on ongoing armed conflict and extraordinary and temporary conditions in Lebanon that prevent its nationals from safely returning to their country.

A notice will soon be published in the Federal Register confirming the Secretary of Homeland Security’s designation of Lebanon including more details regarding the designation. Lebanese nationals who are approved for TPS can lawfully remain in the United States while the security situation improves. Those who are eligible can apply for temporary employment authorization by filing Form I-765 Application for Employment Authorization at the same time of filing Form I-821, Application for Temporary Protected Status.

What We Know

To be eligible for TPS under the Lebanon’s designation, Lebanese nationals (and individuals having no nationality who last habitually resided in Lebanon) must demonstrate continuous residence in the United States since October 16, 2024.  Those who attempt to enter the United States after October 16, 2024, are ineligible for TPS. Lebanese nationals currently not residing in the United States are also ineligible to receive benefits.

The program’s effective date has not yet been announced but is expected to be published in the Federal Register in the coming weeks including the application instructions.

As a reminder, TPS applicants must meet all eligibility requirements and undergo security and background checks to gain approval.

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With the new year comes exciting new changes in immigration. We are happy to report that the government has just announced a brand-new parole process for Cubans, Haitians, and Nicaraguans modeled after the Uniting for Ukraine program and parole program for Venezuelans (introduced in October of 2022), granting eligible individuals two-year parole, including the ability to apply for employment authorization and remain lawfully present in the United States.

Separately, the government has released the CBP One mobile app, a new mechanism for noncitizens (land travelers only) to schedule appointments to present themselves at ports of entry, encouraging safe and orderly arrivals. Once Title 42 is no longer in place, this will be the scheduling mechanism for noncitizens to schedule a time to present themselves at a U.S. port of entry for inspection and processing, rather than arriving unannounced or attempting to cross in-between ports of entry. This includes those who seek to make asylum claims. Those who use the CBP One process will be eligible for employment authorization during their period of authorized stay.

Individuals who use the CBP One app will be able to schedule an appointment to present themselves at the following ports of entry:

  • Arizona: Nogales;
  • Texas: Brownsville, Hidalgo, Laredo, Eagle Pass, and El Paso (Paso Del Norte); and
  • California: Calexico and San Ysidro (Pedestrian West – El Chaparral).

During their inspection process, noncitizens must verbally attest to their COVID-19 vaccination status and provide, upon request, proof of vaccination against COVID-19 in accordance with Title 19 vaccination requirements.

Individuals will be able to schedule appointments in CBP One in the coming days. The CBP One application is free to download and available in the Apple and Google App Stores.

Parole Program for Nationals of Cuba, Haiti, Nicaragua, and Venezuela

The United States government has implemented a new parole program for nationals of Cuba, Haiti, Nicaragua, and Venezuela to prevent those eligible from making a dangerous trek to the United States.

*Please note Venezuela’s parole program has been in effect since October 18, 2022. 

The parole program will allow up to 30,000 qualifying nationals per month from all four of these countries to reside legally in the United States.

Eligible individuals will be able to seek advance authorization to travel to the United States and be considered, on a case-by-case basis, for a temporary grant of parole for up to two years, including employment authorization.

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Welcome to the start of a brand-new week. In this blog, we cover new reports from the U.S./Mexico border addressing the growing number of asylum seekers entering the United States from Tijuana into San Diego, through a process known as “humanitarian parole.”

According to a recent report published by the National Institute for Migration in Baja California, in April of 2022, just under 400 migrants were granted permission to cross through Ped West, one of two pedestrian crossings at the San Ysidro Port of Entry.

When compared to crossings in August, that number has skyrocketed to 4,075 migrants entering using their humanitarian parole document.

What is humanitarian parole?

  • Humanitarian parole is a process by which a foreign national (who may be inadmissible or otherwise ineligible for admission into the United States) may enter for a temporary period of time for urgent humanitarian reasons or significant public benefit by filing Form I-131 Application for Travel Document and Form I-134 Affidavit of Support including their supporting documentation.

In addition to those entering with humanitarian parole, the Institute reports that more than 2,500 Haitian refugees have been granted permission to cross into the United States, as well as 440 migrants from Honduras fleeing organized crime.

At the same time, the Institute reports that many migrants in Tijuana are being falsely misled to believe that migrant shelters can help them bypass detention upon requesting asylum at the U.S. border.

Sadly, the Biden administration has not done little to address the growing number of asylum seekers. In fact, the Biden administration has been silently asking the Mexican government to allow for the expulsion of thousands of asylum-seeking migrants from Cuba, Nicaragua, and Venezuela through a little-known policy known as “Title 42.” This expulsion policy began under the Trump administration in March 2020 and has continued under President Biden. Since that time, the Mexican government agreed to accept expulsions of its citizens, along with those of El Salvador, Guatemala, and Honduras totaling more than 2 million migrants.

According to the Washington Office on Latin America (WOLA) the expulsion of migrants from Mexico, El Salvador, Guatemala, and Honduras is near the highest-level seen in over 15 years, but has declined from 2021 (154,000 in July 2021, 104,000 in July 2022). It is estimated that the U.S. government has used Title 42 to expel 78 percent of these migrants.

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The news we have all been waiting for is finally here. The Democratic controlled House of Representatives has taken a colossal step toward making comprehensive immigration reform a reality. On Thursday evening, members of the House voted along party lines to approve two legislative proposals that would create a pathway to citizenship for an estimated eleven million undocumented immigrants living in the United States, including Dreamers and farmworkers. These proposals are known as (1) the American Dream and Promise Act of 2021 and (2) the Farm Workforce Modernization Act of 2021.

What is the American Dream and Promise Act – H.R. 6?

The American Dream and Promise Act, also known as H.R. 6, creates an earned path to citizenship for more than two million Dreamers who were brought to the United States as children, as well as beneficiaries of certain temporary humanitarian programs including recipients of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS). This proposal consists of

Title I: Dream Act of 2021

Title I of the Act would allow certain long-term residents who entered the United States as children to apply for conditional permanent resident status. Those who would obtain conditional permanent resident status would be considered lawfully admitted for permanent residence under the law.

Requirements

The American Dream and Promise Act would grant Dreamers conditional permanent resident status for 10 years, and cancel removal proceedings if they:

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