Immigration News

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Acting Secretary Elaine Duke Announcement on Temporary Protected Status for Nicaragua And Honduras

WASHINGTON— Today, Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Nicaragua with a delayed effective date of 12 months to allow for an orderly transition before the designation terminates on January 5, 2019. She also determined that additional information is necessary regarding the TPS designation for Honduras, and therefore has made no determination regarding Honduras at this time. As a result of the inability to make a determination, the TPS designation for Honduras will be automatically extended for six months from the current January 5, 2018 date of expiration to the new expiration date of July 5, 2018.

The decision to terminate TPS for Nicaragua was made after a review of the conditions upon which the country’s original 1999 designation were based and whether those substantial but temporary conditions prevented Nicaragua from adequately handling the return of their nationals, as required by statute. There was also no request made by the Nicaraguan government to extend the current TPS status. Based on all available information, including recommendations received as part of an inter-agency consultation process, Acting Secretary Duke determined that those substantial but temporary conditions caused in Nicaragua by Hurricane Mitch no longer exist, and thus, under the applicable statute, the current TPS designation must be terminated.

To allow for an orderly transition, the effective date of the termination of TPS for Nicaragua will be delayed 12 months.  This will provide time for individuals with TPS to seek an alternative lawful immigration status in the United States, if eligible, or, if necessary, arrange for their departure. It will also provide time for Nicaragua to prepare for the return and reintegration of their citizens. TPS for Nicaragua will […]

Deferred Action for Childhood Arrivals 2017 Announcement

Deferred Action for Childhood Arrivals 2017 Announcement
Versión en español

On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Read the memorandum from Acting DHS Secretary Elaine Duke for details.
Next Steps for Phasing Out DACA
All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.

USCIS will adjudicate, on an individual, case by case basis:

Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.

Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5.

Join our team! NELSON|SMITH, LLP is hiring!

NELSON|SMITH, LLP is looking for a legal assistant!

Job Title: Bilingual Immigration Legal Assistant

Job Information:

Hours per week:
40
Position is:
Full Time

Duration:
Six months or more
Shifts Available:
1st (Day)

Wage:
36,000.00 to 44,000.00 $ per Year, Depending on Qualifications

 

Job Title: Bilingual Immigration Legal Assistant

Job Description:Work with small team of attorneys and professional staff to help non-citizens, refugees, asylum seekers and their family members navigate the US immigration process. Spanish fluency, strong communication and writing skills are required. This is a salaried position – vacation, health insurance and employer paid IRA contribution.

Language skill requirement or preference: At least 50% of our clients are native Spanish speakers and many do not speak English.

Please contact Philip Smith at philip@visaoregon.com with cover letter, C.V. and references.

Join our team!

NELSON|SMITH, LLP is looking for a legal assistant!

Job Title: Bilingual Immigration Legal Assistant

Job Information:

Hours per week:
40
Position is:
Full Time

Duration:
Six months or more
Shifts Available:
1st (Day)

Wage:
36,000.00 to 44,000.00 $ per Year, Depending on Qualifications

 

Job Title: Bilingual Immigration Legal Assistant

Job Description:

Work with small team of attorneys and professional staff to help non-citizens, refugees, asylum seekers and their family members navigate the US immigration process. Spanish fluency, strong communication and writing skills are required. This is a salaried position – vacation, health insurance and employer paid IRA contribution.

Language skill requirement or preference: At least 50% of our clients are native Spanish speakers and many do not speak English.

Please contact Philip Smith at philip@visaoregon.com with cover letter, C.V. and references.

 

Visa Bulletin For July 2017

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during July for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by June 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further […]

Visa Bulletin For June 2017

A. STATUTORY NUMBERS

This bulletin summarizes the availability of immigrant numbers during June for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests […]

Court Says TPS Recipients Are Eligible to Adjust to LPR Status

Affirming the district court’s summary judgment in favor of the appellee, the Ninth Circuit held that under INA §244(f)(4), a Temporary Protected Status (TPS) recipient is deemed to be in lawful status as a nonimmigrant—and has thereby satisfied the requirements for becoming a nonimmigrant, including inspection and admission—for purposes of adjustment of status under INA §245(a). The court thus found that the plaintiff-appellee, a TPS beneficiary, was eligible to obtain lawful permanent residence. In February 2015, the American Immigration Council and AILA submitted an amicus brief with the Ninth Circuit in support of the appellee.

New Executive Order – Still a Muslim Ban – Iraq Exempted

Washington (CNN)US President Donald Trump signed a new executive order Monday that bans immigration from six Muslim-majority countries, dropping Iraq from January’s previous order, and reinstates a temporary blanket ban on all refugees.

The new travel ban comes six weeks after Trump’s original executive order caused chaos at airports nationwide before it was blocked by federal courts. It removes out language in the original order that indefinitely banned Syrian refugees and called for prioritizing the admission of refugees who are religious minorities in their home countries. That provision drew criticism of a religious test for entry and would have prioritized Christians over Muslims fleeing war-torn countries in the Middle East.

The new ban, which takes effect March 16, also explicitly exempts citizens of the six banned countries who are legal US permanent residents or have valid visas to enter the US — including those whose visas were revoked during the original implementation of the ban, senior administration officials said.

“We cannot compromise our nation’s security by allowing visitors entry when their own governments are unable or unwilling to provide the information we need to vet them responsibly, or when those governments actively support terrorism,” Attorney General Jeff Sessions said Monday.
The new measures will block citizens of Syria, Iran, Libya, Somalia, Sudan and Yemen from obtaining visas for at least 90 days. The order also suspends admission of refugees into the US for 120 days, directing US officials to improve vetting measures for a program that is already widely regarded as extremely stringent.

Trump signed the executive order earlier Monday in the Oval Office outside the view of reporters and news cameras, after more than three weeks of repeated delays, the latest of which came after White House officials decided […]

Can Customs and Border Protection Agents Demand to See Your ID on a Domestic Trip?

American citizens had their introduction to the Trump-era immigration machine Wednesday, when Customs and Border Protection agents met an airliner that had just landed at New York’s JFK airport after a flight from San Francisco. According to passenger accounts, a flight attendant announced that all passengers would have to show their “documents” as they deplaned, and they did. The reason for the search, Homeland Security officials said, was to assist Immigration and Customs Enforcement in a search for a specific immigrant who had received a deportation order after multiple criminal convictions. The target was not on the flight.

After days of research, I can find no legal authority for ICE or CBP to requirepassengers to show identification  on an entirely domestic fight. The ICE authorizing statute, 8 U.S.C. § 1357, provides that agents can conduct warrantless searches of “any person seeking admission to the United States”—if, that is, the officer has “reasonable cause to suspect” that the individual searched may be deportable. CBP’s statute, 19 U.S.C. § 1467, grants search authority “whenever a vessel from a foreign port or place or from a port or place in any Territory or possession of the United States arrives at a port or place in the United States.” CBP regulations, set out at 19 C.F.R. § 162.6, allow agents to search “persons, baggage, and merchandise arriving in the Customs territory of the United States from places outside thereof.”

I asked two experts whether I had missed some general exception to the Fourth Amendment for passengers on a domestic flight. After all, passengers on flights entering the U.S. from other countries can expect to be asked for ID, and even searched. Barry Friedman, the Jacob D. Fuchsberg professor of law and […]

U.S. Court of Appeals for the Ninth Circuit – Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss

From the New York Time — A three-judge federal appeals panel on Thursday unanimously refused to reinstate President Trump’s targeted travel ban, delivering the latest and most stinging judicial rebuke to his effort to make good on a campaign promise and tighten the standards for entry into the United States.
The ruling was the first from an appeals court on the travel ban, and it was focused on the narrow question of whether it should be blocked while courts consider its lawfulness. The decision is likely to be quickly appealed to the United States Supreme Court.
That court remains short-handed and could deadlock. A 4-to-4 tie in the Supreme Court would leave the appeals court’s ruling in place.
Trial judges around the country have blocked aspects of Mr. Trump’s executive order, which suspended travel from seven predominantly Muslim countries and limited the nation’s refugee program, but no other case has yet reached an appeals court.
The decision, from a three-judge panel of the United States Court of Appeals for the Ninth Circuit, in San Francisco, reviewed a ruling issued last Friday by Judge James L. Robart, a federal judge in Seattle. Judge Robart blocked the key parts of Mr. Trump’s executive order, allowing immigrants and travelers who had been barred entry to come into the United States.
Judge Robart’s ruling inspired a harsh attack from Mr. Trump, who accused the judge of endangering national security. After the appeals court heard arguments on Tuesday, Mr. Trump issued a pre-emptive critique on Twitter.
“If the U.S. does not win this case as it so obviously should, we can never have the security and safety to which we are entitled,” he wrote. “Politics!”
The judges on the Ninth Circuit panel were Judge Michelle T. Friedland, appointed […]