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somalia-1758976_1280In this post, we share with you some great news for Somalian nationals under Temporary Protected Status (TPS) in the United States.

The Biden administration has made the decision to extend Temporary Protected Status for Somalian nationals currently receiving protections under the program for 18 months from September 18, 2024 through March 17, 2026.

A notice has been published in the Federal Register with information about how to register for TPS under Somalia’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

Current TPS beneficiaries who wish to extend their status through March 17, 2026, must re-register during the 60-day re-registration period from July 22, 2024, through September 20, 2024, to ensure they keep their TPS and employment authorization.

Extension of Somalia’s Designation for TPS

On July 19, 2024, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from September 18, 2024, through March 17, 2026 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

The extension of TPS for Somalia will allow approximately 600 current beneficiaries to retain TPS through March 17, 2026, if they re-register and continue to meet TPS eligibility requirements.

The redesignation of Somalia for TPS also allows an estimated 4,300 additional Somali nationals to file initial applications for TPS, if they are otherwise eligible. Such individuals must have established residence in the United States on or before July 12, 2024, and have maintained continuous residence since then.

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In this post, we share with you some great news for Somalian nationals under Temporary Protected Status (TPS) in the United States.

The Biden administration has made the decision to extend Temporary Protected Status for Somalian nationals currently receiving protections under the program for 18 months from March 18, 2023 through September 17, 2024.

A notice has been published in the Federal Register with information about how to register for TPS under Somalia’s designation.

The main benefit of applying for TPS protections is that those who are approved can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

The registration process for Somalia began on Monday, March 13, 2023 and will end on May 9, 2023.

Extension of Designation of Somalia for TPS

On January 12, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and re-designation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from March 18, 2023, through September 17, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

The extension of TPS for Somalia will allow approximately 430 current beneficiaries to retain TPS through September 17, 2024, if they re-register and continue to meet TPS eligibility requirements.

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We are happy to report that the Biden administration has made the decision to extend Temporary Protected Status for Somalia nationals currently receiving protections under the program from March 18, 2023 through September 17, 2024.

In addition, the re-designation means that certain eligible Somali nationals residing in the United States as of January 11, 2023, will be able to apply for TPS protections for the first time.

The main benefit of applying for this program is that those who are approved for Temporary Protected Status can remain in the country on a lawful basis, will receive protection against deportation (deferred status), and are eligible to apply for employment authorization and travel permission by filing, Form I-765 Application for Employment Authorization, and Form I-131 Application for Travel Document, with the United States Citizenship and Immigration Services (USCIS).

How did this all happen?

Extension of Designation of Somalia for TPS

On January 12, 2023, the Secretary of Homeland Security, Alejandro Mayorkas, announced an 18-month extension and redesignation of Temporary Protected Status (TPS) for the country of Somalia. This extension and re-designation will be in effect from March 18, 2023, through September 17, 2024 (an 18-month period).

Secretary Mayorkas made this decision after consulting with government officials and taking into consideration the ongoing armed conflict in Somalia, along with natural disasters, disease outbreaks, and worsening humanitarian crisis. Somalia continues to be impacted by terrorism, violent crime, civil unrest, and fighting amongst clan militias making it necessary to extend the designation of Somalia for TPS.

Mayorkas found that these circumstances ultimately prevented Somali nationals from safely returning to their home country stating, “Through the extension and redesignation of Somalia for Temporary Protected Status, the United States will be able to offer safety and protection to Somalis who may not be able to return to their country, due to ongoing conflict and the continuing humanitarian crisis… We will continue to offer our support to Somali nationals through this temporary form of humanitarian relief.”

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We are happy to share some great news for Temporary Protected Status (TPS) applicants! On November 29, 2021, the United States Citizenship, and Immigration Services (USCIS) announced that TPS applicants may now file Form I-821 Application for Temporary Protected Status and I-765 Application for Employment Authorization entirely online for certain country designations.

Who is eligible to apply online?

First-time TPS applicants and TPS beneficiaries who are re-registering are eligible to file Form I-821 and Form I-765 online, provided they are a national under one of the following current designations for TPS:

  • Burma (Myanmar)
  • El Salvador
  • Haiti
  • Honduras
  • Nepal
  • Nicaragua
  • Somalia
  • South Sudan
  • Sudan
  • Syria
  • Venezuela
  • Yemen

Applicants can request an Employment Authorization Document (EAD) by submitting a completed Form I-765 with their Form I-821 online, or they may choose to submit their Form I-765 separately later. TPS applicants are recommended to file both forms together to help receive their Employment Authorization Document more quickly.

Where can I file?

To file Form I-821 online, eligible TPS applicants should visit the myUSCIS page to log into or create a USCIS online account. Through their myUSCIS account, applicants will be able to track the status of their application, review requests for more evidence, download a copy of their receipt notice, and have the ability to communicate with USCIS about their application through a secure inbox.

Why the change?

The new online filing capability is part of USCIS’ efforts to streamline the application process and reduce workloads by easily and conveniently retrieving applications and supporting documentation electronically. Previously, TPS online filing was only available to individuals from certain countries. The expansion of the online filing capability will now give USCIS the ability to process applications and EADs on a more timely basis through its secure and convenient platform.

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Welcome back to Visalawyerblog! In this blog post we discuss the Biden administration’s recent decision to keep refugee admissions at an all-time low, a decision that has angered lawmakers and pro-immigrant advocates alike.

On April 16, 2021, President Biden issued a controversial Presidential directive that aims to keep the refugee admissions ceiling at the same rate as that under the Trump administration. The new Presidential directive states that the administration will maintain the refugee admissions ceiling at 15,000 per fiscal year, with the majority of refugee allocations given to Africa and Latin America and the Caribbean, and the remainder split among East Asia, Europe and Central Asia, Near East and South Asia, and other regions.

The Presidential directive however leaves open the possibility of raising the ceiling if the quota is reached before the end of the fiscal year, at which time the administration would consider raising the admissions rate anew.

In defense of the President’s actions, White House Press Secretary Jen Psaki, said in a statement that President Biden is expected to set a final, increased refugee cap for the remainder of the fiscal year before May 15, 2021.

The President’s actions mark a stunning departure from his campaign agenda, which for the first time ever, has fallen short of undoing harmful actions of the previous administration by continuing to narrow the pool of refugees that may be admitted to the United States.

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President Biden has been hard at work during his first days in office, releasing a flurry of Proclamations and Executive Actions on immigration, that reverse many of the controversial policies passed by former President Donald Trump.

Due to the volume of Proclamations being signed, our office will break down each of these actions on immigration during the next few weeks, and provide you with detailed information on what each Proclamation means and how you may benefit.

We encourage our readers to bookmark this page and follow our social media platforms as the Biden administration gears up to release even more executive actions on immigration in the coming days.

What is the Biden Proclamation all about?

On January 20, 2021, President Biden signed a number of orders including, “Proclamation on Ending Discriminatory Bans on Entry to the United States.” This Proclamation immediately revokes the four presidential actions taken by the previous administration, which banned individuals from predominantly Muslim and African countries from entering the United States.

The presidential actions being revoked are as follows:

*A brief overview of each action is discussed further below

(1) Executive Order 13780 “Protecting the Nation From Foreign Terrorist Entry Into the United States” 

(2) Proclamations 9645 “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

(3) Proclamation 9723 “Maintaining Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” and

(4) Proclamation 9983 “Improving Enhanced Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats”

What do you need to know about Biden’s Proclamation?

Biden’s decision to revoke these actions by his predecessor means that all Embassies and Consulates must immediately resume visa processing for nationals affected including Syria, Iran, Libya, Somalia, Sudan, and Yemen, Chad, Venezuela, North Korea, Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania.

Of course Embassies and Consulates are still conducting a phased reopening of routine visa services and are operating on a limited post by post basis. However, this is a step in the right direction because it means that Embassies and Consulates can no longer refuse to issue visas because these Proclamations are no longer in force.

Most importantly, President Biden has directed the Department of State to develop a system by which previous applicants who were being considered for a waiver of the restrictions can expedite their pending visa applications.

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Welcome back to Visalawyerblog! In this post we bring you the latest immigration updates.

Naturalization Ceremonies

Great news for naturalization applicants waiting for an oath ceremony. On July 1, 2020, USCIS issued an announcement notifying the public that it anticipates that it will complete nearly all postponed administrative naturalization ceremonies by the end of July of 2020.

USCIS has been prioritizing the scheduling of oath ceremonies for all naturalization applicants who were approved following their interviews. As we previously reported, USCIS is also exploring options to bypass the formal oath ceremony process in the future, and administer the oath immediately following a successful naturalization applicant’s interview. This will help move cases along quickly during the pandemic and limit further exposure.

USCIS remains committed to being as flexible as possible to welcome new citizens to the United States as fast as possible. We are glad that in the very least, naturalization applicants are being accommodated by the agency during this difficult time.

If you have not yet received your naturalization oath ceremony notice, you should be receiving one very soon. As always, we recommend calling USCIS to expedite the process.

Calls to Extend TPS for Yemen and Somalia due to COVID-19

Dozens of organizations are calling on the government to extend Temporary Protected Status (TPS) for at least 180 days to all current Yemen and Somalia TPS holders due to the COVID-19 pandemic. A letter was issued in early April by interested organizations urging USCIS and DHS to automatically extend work authorization and TPS for all current Yemen and Somalia TPS holders, or at the very least extend the re-registration period for TPS holders from Somalia and Yemen for a total of 180 days.

The letter emphasizes the importance of granting relief for Yemeni and Somalia TPS holders stating, “While states across the country are rightfully taking precautions to prevent the spread of COVID-19, these measures and the subsequent loss of income and freedom of movement establish insurmountable barriers for TPS holders to renew their status before the rapidly approaching re-registration deadline. TPS holders should not have to choose between missing a deadline and violating health directives that keep themselves, their families, and their communities safe.”

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Welcome back to Visalawyerblog! In this post, we bring you the latest immigration news for the week.

USCIS Temporarily Closing Offices to the Public March 18-April 1 to Reduce Spread of COVID 19 

In response to the widespread COVID 19 pandemic, the United States Citizenship and Immigration Services (USCIS) has announced that effective March 18, 2020 the agency will suspend in-person services at its field offices, asylum offices, and Application Support Centers (ASC) nationwide in an effort to help slow the spread of the Coronavirus.

USCIS plans to suspend in-person services until at least April 1st.

What if I have a scheduled appointment or naturalization ceremony?

USCIS has stated that all applicants and petitioners with scheduled appointments and naturalization ceremonies impacted by this closure will receive notices in the mail.

In addition, USCIS asylum offices will send interview cancellation notices and automatically reschedule asylum interviews. When an interview is rescheduled, asylum applicants will receive a new interview notice with the new time, date and location of the interview.

When USCIS resumes normal operations, USCIS will automatically reschedule ASC appointments impacted by the office closure. Impacted applicants and petitioners will receive a new appointment letter in the mail.

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I-751 Change to Filing Location

Today, Monday September 10, 2018, the United States Citizenship and Immigration Services announced a change to the filing location for Form I-751 Removal of Conditions. The agency is now directing petitioners to send Form I-751 to a USCIS Lockbox facility instead of directly to the California and Vermont service centers. California, Nebraska, Vermont, and Texas will distribute the load of removal of conditions applications and adjudicate these petitions accordingly. When filing at a Lockbox facility, the petitioner may pay the filing fee with a credit card using Form G-1450.

TPS Somalia

USCIS has automatically extended the validity of Employment Authorization Documents (EADs) issued under the TPS designation of Somalia with an original expiration date of Sept. 17, 2018, for 180 days, through March 16, 2019.

Somalian nationals whose EADs expired on March 17, 2017, and who have applied for a new EAD during the last re-registration period, but have not yet received their new EAD card, are covered by the automatic extension.

If your EAD is covered by this automatic extension, you may continue to use your existing EAD through March 16, 2019, as evidence that you are authorized to work.

To prove that you are authorized to continue working legally, you may show the following documentation to your employer:

  • Your TPS-related EAD with a Sept. 17, 2018 expiration date; or
  • Your TPS-related EAD with a March 17, 2017 expiration date and your EAD application receipt (Form I-797C, Notice of Action) that notes your application was received on or after January 17, 2017

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TPS Extended for Somalian Nationals

Today, July 19, 2018 the Secretary of Homeland Security, Kirstjen M. Nielsen, announced that the TPS designation for Somalia will be automatically extended for 18 additional months. Somalian nationals with TPS benefits will have the opportunity to re-register for an extension of their TPS benefits for a period of 18 months through March 17, 2020.

This automatic extension has been granted because the Secretary has determined that conditions continue to exist to support Somalia’s TPS designation. It is estimated that approximately 500 Somalian nationals have TPS benefits. This group of individuals may continue to remain in the United States on a lawful basis with work authorization benefits through March 17, 2020, so long as they re-register when the re-registration period opens.

Sanctuary states sue the federal government over withholding of government funding

Several states including New York, Connecticut, New Jersey, Washington, Massachusetts, and Virginia, are suing the federal government, challenging the Trump administration’s decision to withhold government funding for sanctuary cities who refuse to cooperate with federal agents in the detention of undocumented immigrants. According to these states, the federal government is seeking to coerce “sanctuary cities” by forcing local law enforcement officials to act as federal immigration agents.

Last year, the President signed the controversial executive order, “Enhancing Public Safety in the Interior of the United States,” requiring local law enforcement to notify federal agents regarding the release of undocumented immigrants from state detention centers, or risk losing federal government funding.

Section 9 of the Executive Order states:

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