Visa Lawyer Blog

Articles Posted in Temporary Protected Status

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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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Welcome to 2020! It’s a new year and a brand-new decade. In this post, we cover the things you need to watch and groundbreaking events taking place in 2020 that will shape the future of immigration for years to come.

2020 Presidential Election

One of the most momentous events in American history will take place November 3, 2020, as Americans head to the polls to vote for the next President of the United States. The winner of the 2020 presidential election will be inaugurated on January 20, 2021.

Candidates for the Presidency will take part in dozens of debates leading up to the presidential election during the next few months. As it stands, fourteen Democratic nominees remain in the 2020 presidential race vying for an opportunity to oppose President Donald Trump come November.

The top Democratic candidates include Joe Biden, Bernie Sanders, Pete Buttigieg, and Elizabeth Warren. On February 3, 2020 these candidates will participate in the Iowa Democratic caucuses, the first nominating contest in the Democratic Party presidential primaries.

For its part, the Republican National Committee has pledged its support to President Trump in his re-election bid, meaning that Donald Trump will likely be unopposed in the 2020 Republican Party presidential primaries. Only two other Republican candidates have formally announced their intent to take part in the presidential race, including Joe Walsh and Bill Weld.

As previously reported, the outcome of the 2020 Presidential election will have a profound effect on the future of immigration, given the central role that the topic has had in American politics during the Trump administration, and its continued level of importance in the 2020 election.

The Supreme Court will take on the issue of DACA

During the Spring of 2020, several big decisions will be made on immigration by a conservative Supreme Court.

On June 28, 2019, the U.S. Supreme Court agreed to hear lawsuits filed against the Trump administration challenging the President’s decision to abruptly terminate Deferred Action for Childhood Arrivals (DACA). Oral arguments began on November 12, 2019 in Washington D.C., and a final decision is expected to be handed down by the court this spring.

Currently five conservative justices sit on the bench (Chief Justice Roberts, Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh), tipping the scales in favor of conservatives with regard to the future of DACA.

A decision in favor of the President would mean the end of the program and no legislative solution to shield Dreamers from deportation. Perhaps more importantly, the decision would re-energize the President’s base, increasing the President’s chances for re-election.

While a decision against the Trump administration would preserve the DACA program and allow Dreamers to continue to live and work in the United States without fear of deportation. Such a decision would also impact the outcome of the Presidential election, given that it would unify the Democratic party and supports sympathetic to the plight of Dreamers.

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In this post, we discuss the latest developments in U.S. immigration news.

As you may recall, back in September USCIS issued a proposed rule requiring petitioners filing H-1B cap-subject petitions to pay a $10 registration fee for each petition submitted to USCIS for the H-1B cap selection process, beginning with the H-1B fiscal year 2021 cap season.

Today, November 7, 2019 the United States Citizenship and Immigration Services (USCIS) published the final version of this rule which will become effective beginning December 9, 2019, although the $10 fee will not be required until registrations are submitted beginning with the fiscal year 2021 H-1B cap selection process.

The final rule is scheduled to be published in the Federal Register tomorrow November 8th. An unpublished version of the rule is available here.

Extension of Temporary Protected Status

On November 4, 2019, USCIS published a notice in the federal register announcing the automatic extension of TPS-related documentation for beneficiaries under the TPS designations for El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

TPS-related documentation for individuals from these countries will remain valid through January 4, 2021.

This automatic extension will apply to all TPS-related documentation (including Employment Authorization Cards) set to expire on the following dates:

  • Beneficiaries under TPS designations for El Salvador, Haiti, and Sudan—January 2, 2020
  • Beneficiaries under TPS designations for Honduras—January 5, 2020
  • Beneficiaries under TPS designation for Nepal—March 20, 2020

A beneficiary under the TPS designation for any of these countries who has applied for a new EAD but who has not yet received his or her new EAD is covered by this automatic extension, provided that the EAD he or she possesses contains one of the expiration dates indicated above.

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On September 23, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that current beneficiaries of Temporary Protected Status (TPS) under Syria’s designation, who want to maintain their status through March 31, 2021, must re-register between Sept. 23 and Nov. 22, 2019.

All applicants must submit Form I-821, Application for Temporary Protected Status and request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date.

USCIS will issue new EADs with a March 31, 2021 expiration date to eligible beneficiaries under Syria’s TPS designation who timely re-register and apply for EADs.

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On Wednesday, the Trump administration announced a proposal that will change the settlement agreement reached in Flores v. Reno, an agreement that limited the amount of time and conditions under which the U.S. government could detain immigrant children.

Reno v. Flores prevented the government from holding immigrant children in detention for over 20 days. The Trump administration is now seeking to do away with that prohibition and hold undocumented families traveling with children for an indefinite period of time.

In a press conference on Wednesday, Acting DHS Secretary Kevin McAleenan, announced the administration’s plans to publish a final rule in the Federal Register to do away with the Flores rule. The rule would become effective 60 days after publication. The proposal however will likely be met with great opposition and result in years long litigation.

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On August 1, 2019, the United States Citizenship and Immigration Services (USCIS) announced that Syrian nationals currently receiving benefits under Temporary Protected Status (TPS) may re-register through March 31, 2021, to maintain their status under the program.

Re-registration instructions and information on how to renew employment authorization will soon be published on the USCIS website and the federal register.

Applicants must re-register by submitting Form I-821 Application for Temporary Protected Status to maintain TPS benefits, and may submit a properly completed Form I-765 Application for Employment Authorization to renew employment authorization documents (EAD) at the same time. Alternatively, TPS applicants may file Form I-765 at a later date.

Those who are eligible to apply will receive new employment authorization documents with a new expiration date.

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TPS Designations for Nepal and Honduras Will Continue

Today, May 10, 2019, the Department of Homeland Security provided a notice in the Federal Register about their decision not to terminate the Temporary Protected Status designation of Honduras and Nepal.

Beneficiaries under the TPS designations for Nepal and Honduras will retain their TPS status, pending the resolution of the case Ramos v. Nielsen and any appeals that follow.

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Today, April 5, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that the Secretary of Homeland Security is extending the designation of South Sudan for Temporary Protected Status (TPS) for 18 months, from May 3, 2019, through November 2, 2020. The extension allows currently eligible TPS beneficiaries to retain TPS through November 2, 2020, so long as they otherwise continue to meet the eligibility requirements for TPS.

Current beneficiaries of Temporary Protected Status (TPS) under South Sudan’s designation who want to maintain their status through the 18-month extension period ending on Nov. 2, 2020, must re-register between April 5, 2019 and June 4, 2019.

All applicants must submit Form I-821, Application for Temporary Protected Status and request an EAD by submitting Form I-765, Application for Employment Authorization, when they file Form I-821 or separately at a later date.

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USCIS Issues Notice Extending TPS Designation for Beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador

In compliance with a court ordered preliminary injunction issued in the case Ramos v. Nielsen, USCIS has issued a notice formally announcing the automatic extension of TPS documentation for beneficiaries from Sudan, Nicaragua, Haiti, and El Salvador until January 2, 2020.

Beneficiaries under the Temporary Protected Status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains in effect, provided that an individual’s TPS is not withdrawn under Immigration and Nationality Act (INA) section 244(c)(3) or 8 CFR 244.14 because of ineligibility.

DHS has further announced that it is automatically extending through January 2, 2020, the validity of TPS related Employment Authorization Documents (EADs), Forms I–797, Notice of Action (Approval Notice), and Forms I–94 (Arrival/Departure Record) (‘‘TPS-Related Documentation’’), for beneficiaries under the TPS designations for Sudan, Nicaragua, Haiti, and El Salvador, provided that the affected TPS beneficiaries remain otherwise eligible for TPS.

TPS for these countries will not be terminated unless and until any superseding, final, nonappealable judicial order permits such terminations.

Venezuelan Immigrant Visa Processing

The Department of State recently announced that the U.S. Embassy in Bogota, Colombia is now the designated primary site to process immigrant visas for residents of Venezuela. Beginning April 2019, the National Visa Center will begin scheduling Venezuelan immigrant visa interviews at the U.S. Embassy in Bogota. Appointment notices for all future immigrant visa interviews will take place at the U.S. Embassy in Bogota.

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Facing mounting pressure from the American public, the President delivered his last-ditch effort offering what he termed a “compromise” to gain support for his controversial wall and put an end to what has been a long-drawn-out government shutdown.

In Saturday’s White House address, President Trump announced a plan that would extend the temporary protected status of TPS recipients for a three-year period and provide legislative relief to DACA recipients also for a three-year period.

In exchange, the President is asking Congress to grant him $800 million dollars in aid for humanitarian purposes, $800 million dollars to invest in drug detection technology to enhance border security, and $5.7 billion dollars for strategic deployment of physical steel barriers along the U.S./Mexico border.

Additionally, the President will use some of this money to hire 2,750 border agents and law enforcement professionals, 75 new immigration judges to reduce backlogs, and to implement a program that will protect migrant children from exploitation and abuse.

House Speaker Nancy Pelosi and Senate Minority Leader Chuck Schumer rejected the President’s proposal almost immediately.

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