MEMO RE: ADJUSTMENT OF STATUS FOR APPLICANTS WITH TPS AND ADVANCED PAROLE
|
|
- Eleanore Johns
- 6 years ago
- Views:
Transcription
1 MEMO RE: ADJUSTMENT OF STATUS FOR APPLICANTS WITH TPS AND ADVANCED PAROLE To: DePaul University CBO Partners From: DePaul University Asylum & Immigration Law Clinic Date: September 2010 Re: Adjustment of Status for Applicants with TPS and Advanced Parole Dear CBO Partners, Recently, we have received a number of technical assistance requests dealing with adjustment of status for applicants with Temporary Protected Status ( TPS ) and advanced parole. Since the US CIS Chicago office is leery of these cases, we thought it might be useful to explain the position that they have taken on this issue. Please find a detailed analysis below. As always, if you have any questions, please don t hesitate to contact us directly. Issue: Can an individual with Temporary Protected Status, who has left and re-entered the country with advanced parole, qualify for adjustment of status under INA 245(a)? Analysis: As you all know, under INA 245(a), in order to qualify for adjustment of status here in the United States, an individual must have been inspected by an immigration officer and either admitted or paroled into the United States. It further requires that an individual be admissible to the United States. In many of the cases we have seen, the client originally entered the United States without inspection but has maintained temporary protected status since the inception of the program. (TPS for El Salvador began in February 2001; TPS for Honduras began in May 2000.) After obtaining TPS, the clients have left the United States under a granted application for advanced parole (USCIS Form I-131). After re-entering through parole, the client wishes to adjust status through a family-based I-130. Several questions remain unanswered in this scenario. Does TPS stop the clock for purposes of calculating unlawful presence? If the client has triggered the 3 or 10 year bar by leaving the US under advanced parole, can the client then serve the 3 or 10 year bar inside the United States? Does the client qualify under 245(a) after having been paroled back into the United States notwithstanding their initial entry without inspection into the United States? Each question will be looked at in turn.
2 Does Temporary Protected Status Stop the Clock for Unlawful Presence? As you know, the Immigrant Responsibility and Illegal Immigration Reform Act ( IRAIIRA ) created new grounds of inadmissibility preventing admission to the United States. IRAIIRA created what we call unlawful presence bars to admission. Under INA Sec. 212(a)(9)(B)(i), any alien who (I) was unlawfully present in the United States for a period of more than 180 days, but less than one year, voluntarily departed the United States and again seeks admission within 3 years of the date of such alien s departure [is inadmissible] (II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien s departure or removal is inadmissible. Unlawful presence is a legal term of art defined at INA Sec. 212(a)(9)(B)(ii) to include [an individual s presence] in the United States after the expiration of the period of stay authorized by the Attorney General or [the time in which an individual] is present in the United States without being admitted or paroled. The effective date of the IRAIIRA unlawful presence provisions is April 1, Thus, any period prior to April 1, 1997 should not be considered for purposes of calculating an individual s period of unlawful presence. The question of whether or not unlawful presence continues to accrue once someone has obtained temporary protected status is fairly straight forward. The USCIS website indicates that it does not: Q. May I apply for another immigration benefit while registered for TPS? A. Yes. Registration for TPS does not prevent you from applying for non-immigrant status, filing for adjustment of status based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible. INA 244(a)(5), 8 U.S.C. 1254a(a)(5). For the purposes of change of status, and adjustment of status, an alien is considered to be in, and maintaining, lawful status as a nonimmigrant during the period in which the alien is granted TPS. See INA 244(f)(4), 8 U.S.C. 1254a(f)(4). However, if an alien has periods of time when he or she had no lawful immigration status before, or after, the alien s time in TPS, those period(s) of unlawful presence may negatively affect the alien s ability to adjust to permanent resident status or attain other immigration benefits, depending on the circumstances of the specific case. See e.g., INA 212(a)(9), 8 U.S.C 1182(a)(9), (unlawful presence ground of inadmissibility that is triggered by a departure from the United States). In some cases, the alien may be eligible for a waiver of the unlawful presence ground of inadmissibility, or certain other grounds, when applying to adjust to permanent resident status or for another immigration status a4e49c110vgnvcm arcrd&vgnextchannel=17dcb6f2cae63110vgnvcm aRCRD We believe that this provision makes it clear that unlawful presence does not continue to accrue where an individual has acquired temporary protected status ( TPS ). Rather, TPS is considered a period of authorized stay by the attorney general. Thus, any period of time when the client is in TPS should not be considered for purposes of calculating the period of unlawful presence. However, if the noncitizen was in unlawful presence before or after the time in TPS status, that time would count for purposes of the 3/10 year bars.
3 Can the Client Wait Out the Three and Ten Year Bar in the United States After a Lawful Reentry with Advanced Parole? If a client accrued the 180 days or 1 year of unlawful presence before leaving and reentering with advance parole, the client is now subject to the 3 or 10 year bar. Now the client would like to apply for AOS. Will the client be able to wait out the 3 or 10 years in the US? USCIS has spoken directly to the issue of whether departures under advanced parole trigger unlawful presence bars. In a 1997 Memo from the Office of Programs, the Service indicates that departure (even under advanced parole) will trigger the bars. And, more importantly, that reentry under parole is not comparable to admission. Specifically, that one does not have to make the same showings under an application for parole such that the government could not have already decided the issue of an individual s admissibility for purposes of the 3 or 10 year bar. See Memo, Office of Programs, Advanced Parole for Aliens Unlawfully Present in the United States for More than 180 Days, HQIRT 50/5.12, Nov. 26, 1997, attached for your review. Thus, a departure under advanced parole will trigger the unlawful presence bars, and those bars will not be cured upon reentry under parole. The grant of advanced parole creates a somewhat unusual situation. Namely, that a person can legally re-enter the United States notwithstanding their inadmissibility issues. Former INS, in the 1997 Memo, was directed NOT to allow individuals to leave under advanced parole where it was clear that they could not obtain a waiver of their unlawful presence. See Id. However, the Memo was silent as to whether or not an individual could serve the unlawful presence bar while waiting inside the United States. There are statutory arguments and other policy statements that would lead us to believe that these bars can be served while within the United States. USCIS Chicago District, notwithstanding these authorities, does not agree. As a review of those authorities, the statutory language at INA 212(a)(9)(B)(i)(I)&(II) specifically states An alien who was unlawfully present in the United States for a period of [more than 6 months] and seeks admission within 3 years of the date of such alien s departure is inadmissible... has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien s departure or removal from the United States, is inadmissible. The event that triggers the 3/10 year waiting period is the departure. The statute is silent with regard to where the person must wait before seeking admission. At this time, the only case on point is an unpublished AAO decision granting an individual adjustment of status and waiving the waiver requirement. See, AAO Decision from Phoenix dated June 2, 2004, attached for your review. In this case, the applicant had waited out the three years in the United States prior to filing for adjustment. Please note that this AAO decision is unpublished and not binding on the USICS Chicago local office. More recently, Lynden Melmed, Chief Counsel (2009) stated in a letter, now made public, indicating that the 10 year bar can be served while in the United States. See Melmed Letter to Daniel C. Horne, January 26,
4 2009, attached for your review; See also, letter from Robert Divine, Chief Counsel, USCIS, to Attorneys David B. Perry and Ronald Y. Wada (July 14, 2006). Notwithstanding this policy position, the USCIS local office recently stated in a meeting with AILA: In earlier liaison meeting with the Chicago Chapter of AILA, the Chicago Field Office promised to review its policy whether the three-year bar under 212(a)(9) of the Immigration and Nationality Act can be satisfied while the applicant is physically present in the U.S. Despite the existence of advisory letters written by two former Chief Counsels of USCIS addressing this issue, the Chicago Field Office is in the process of seeking more formal clarification on the issue through its own internal chain of authority. Until they have further clarification, the Chicago Field Office will hold such cases in abeyance. As a result, it does not appear that an applicant for TPS, who left under advanced parole and triggered either the three or ten year bar, will be allowed to wait out the bar in the US under the current Chicago local office policy. However, the larger issue, at this point, is that the Chicago Field Office will not even consider these applications for adjustment under INA 245(a). Does Temporary Protected Status create an admission for purposes of qualifying for INA Sec. 245(a)? INA 244(f)(4) governs Temporary Protected Status. This provision states that for purposes of adjustment of status under [INA 245] of this title the alien shall be considered as being in, and maintaining, lawful status as a nonimmigrant. What is unclear is whether or not in and maintaining lawful nonimmigrant status will be treated as having made an admission for purposes of adjustment under 245(a). Unfortunately the Code of Federal Regulations is silent on this issue. A legal opinion from the Office of the General Counsel for INS dated March 4, 1991, indicates that an alien who entered the United States without inspection is ineligible for adjustment of status. A grant of temporary protected status would not make the alien eligible. Note: As always, in situations where the person has failed to maintain status or worked without authorization, but entered with admission or parole, only IRs are eligible to adjust status under 245(a). If a person in TPS subsequently leaves and reenters with advance parole, does this constitute parole for purposes of 245(a)? A US CIS Memo from 1991 states departure and return under advance parole would relieve an alien of ineligibility for adjustment only if the alien is classified as an immediate relative. See Legal Opinion, Virtue, Acting G.C. (Mar. 4, 1991), reprinted in 68 No. 15 Interpreter Releases 461, (April 22, 1991), attached for your review. HOWEVER, Notwithstanding this guidance, the USCIS Chicago Field Office has explicitly stated that they don t want people obtaining advanced parole simply to get around 245(a), even if they are immediate relatives. They assert that, in doing so, these clients are manipulating the immigration system. Therefore, if your TPS applicant for adjustment originally entered the US without inspection, and subsequently left and reentered on advance parole, the US CIS
5 Chicago office is likely to take the position that they do not qualify under 245(a). Their cases should be analyzed under 245(i) as well or referred to private counsel for representation. As usual, we are happy to answer case specific or general questions on this issue. Please don t hesitate to contact us. Sincerely, The DePaul University Asylum & Immigration Law Clinic
Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief. By AILA s Vermont Service Center Liaison Committee 1
Screening TPS Beneficiaries for Other Potential Forms of Immigration Relief Background Information By AILA s Vermont Service Center Liaison Committee 1 When assisting a client with renewing their Temporary
More informationQuestions and Answers January 14, 2010
Office of Public Engagement Questions and Answers January 14, 2010 Temporary Protected Status for Haiti The Department of Homeland Security (DHS) Secretary, Janet Napolitano, has determined that an 18-month
More informationInteroffice Memorandum
U.S. Department of Homeland Security 20 Massachusetts Ave. NW Washington. DC 20529 U.S. Citizenship and Immigration Services Interoffice Memorandum To: Field Leadership From: Donald Neufeld Is! Acting
More informationTermination of the Central American Minors Parole Program
This document is scheduled to be published in the Federal Register on 08/16/2017 and available online at https://federalregister.gov/d/2017-16828, and on FDsys.gov DEPARTMENT OF HOMELAND SECURITY [CIS
More informationU.S. Department of Homeland Security 20 Massachusetts Ave. NW Washington, DC HQDOMO 70/23.1-P AD06-07
U.S. Department of Homeland Security 20 Massachusetts Ave. NW Washington, DC 20529 Memorandum AD06-07 TO: FROM: Field Leadership Donald Neufeld /s/ Acting Associate Director, Domestic Operations DATE:
More informationIMMIGRATION UPDATES. Presented by Rose Mary Valencia Executive Director Office of International Affairs
IMMIGRATION UPDATES Presented by Rose Mary Valencia Executive Director Office of International Affairs Visa Sponsorship Options Visa Sponsorship Options remain possible as long as all involved: Departments
More informationCopyright American Immigration Council, Reprinted with permission
Copyright American Immigration Council, Reprinted with permission PRACTICE ADVISORY 1 August 28, 2013 ADVANCE PAROLE FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA) RECIPIENTS By the Legal Action Center
More informationAPPLYING FOR ADJUSTMENT OF STATUS AFTER REENTERING THE UNITED STATES WITHOUT BEING ADMITTED: I-212s, 245(i) and VAWA 2005
The American Immigration Law Foundation 515 28th Street Des Moines, IA 50312 www.asistaonline.org PRACTICE ADVISORY APPLYING FOR ADJUSTMENT OF STATUS AFTER REENTERING THE UNITED STATES WITHOUT BEING ADMITTED:
More informationMarch 27, 2003 MEMORANDUM FOR THOMAS E. COOK ACTING ASSISTANT COMMISSIONER, OFFICE OF ADJUDICATIONS
U.S. Department of Justice Immigration and Naturalization Service HQCOU 90/15 Office of the General Counsel 425 I Street NW Washington, DC 20536 March 27, 2003 MEMORANDUM FOR THOMAS E. COOK ACTING ASSISTANT
More informationImmigration Update: Temporary Protected Status
Immigration Update: Temporary Protected Status January 25, 2018 Agenda Temporary Protected Status - Background Temporary Protected Status Current Status Temporary Protected Status Looking Ahead 2 Temporary
More informationAFTER TPS: OPTIONS AND NEXT STEPS
Practice Advisory June 2018 AFTER TPS: OPTIONS AND NEXT STEPS By ILRC Attorneys Temporary Protected Status, or TPS, will end for hundreds of thousands of individuals in late 2018 and 2019. 1 As TPS recipients
More informationAsylum in the Context of Expedited Removal
Asylum in the Context of Expedited Removal Asylum Chat Outline 5/21/2014 AGENDA 12:00pm 12:45pm Interactive Presentation 12:45 1:30pm...Open Chat Disclaimer: Go ahead and roll your eyes. All material below
More informationImmigration Law's Catch-22: The Case for Removing the Three and Ten-Year Bars
Penn State Law From the SelectedWorks of Shoba Sivaprasad Wadhia 2014 Immigration Law's Catch-22: The Case for Removing the Three and Ten-Year Bars Shoba Sivaprasad Wadhia Available at: https://works.bepress.com/shoba_wadhia/31/
More informationPolicy Memorandum. U.S. Citizenship and Immigration Services. May 10,2018 PM Accrual of Unlawful Presence and F, J, and M Nonimmigrants
FOR PUBUC COMMENT Posted: 05-11-2018 Cornmentperiodends: 06-11-2018 U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Ofice of the Director (MS 2000) Washington, DC 20529-2000
More informationA GUIDE TO TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS
A GUIDE TO TEMPORARY PROTECTED STATUS FOR SYRIAN NATIONALS I. Brief Overview On March 29, 2012, the Secretary of Homeland Security designated the Syrian Arab Republic ( Syria ) for Temporary Protected
More informationCHAPTER ONE INTRODUCTION. 1.1 What Is Parole?
CHAPTER ONE INTRODUCTION Parole in Immigration Law Chapter 1 This chapter includes: 1.1 What Is Parole?... 1-1 1.2 The Parole Power: One Little Statutory Provision, Lots of Parole... 1-2 1.3 Parole and
More informationProcedures for Calculating Maximum Period of Stay Regarding the Limitations on Admission for H-1B and L-1 Nonimmigrants (AFM Update AD 05-21)
20 Massachusetts Ave Washington, DC 20529 HQPRD 70/6.2.8 HQPRD 70/6.2.12 AD 05-21 To: REGIONAL DIRECTORS SERVICE CENTER DIRECTORS DISTRICT DIRECTORS OFFICERS-IN-CHARGE INTERNATIONAL AFFAIRS OFFICE DIRECTOR
More informationME DOCI O COLLEGE CALIFORNIA COMMUNITY COLLEGE RESIDENCY DETERMINATION GUIDE FOR TUITION PURPOSES. Short Guide for on-citizen Applicants
ME DOCI O COLLEGE CALIFORNIA COMMUNITY COLLEGE RESIDENCY DETERMINATION GUIDE FOR TUITION PURPOSES Short Guide for on-citizen Applicants Prepared by Kristie Anderson Director, Admissions and Records INTRODUCTION
More informationUnauthorized Aliens: Policy Options for Providing Targeted Immigration Relief
Unauthorized Aliens: Policy Options for Providing Targeted Immigration Relief Andorra Bruno Specialist in Immigration Policy February 13, 2013 CRS Report for Congress Prepared for Members and Committees
More informationRules and Regulations
46697 Rules and Regulations Federal Register Vol. 66, No. 174 Friday, September 7, 2001 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect,
More informationAdjustment of Status for T Nonimmigrants By Sarah Bronstein
Adjustment of Status for T Nonimmigrants By Sarah Bronstein The Victims of Trafficking and Violence Protection Act of 2000 created two new immigration benefits, T and U nonimmigrant status, in an effort
More informationIntroduction to the J-1 Home Residency Requirement
Introduction to the J-1 Home Residency Requirement The most consequential aspect of entering the US on a J-1 visa for graduate medical training is the home residency requirement. The J-1 visa is an exchange
More informationLooking Beyond DACA/DAPA Part 1: Advance Parole June 28, 2016
Looking Beyond DACA/DAPA Part 1: Advance Parole June 28, 2016 Presented By Peter Schey Executive Director Center for Human Rights and Constitutional Law TABLE OF CONTENTS Executive Summary... 1 I. Political
More informationCHEP Conference /19/2014. Manner of Entry. Cuban/Haitian Entrants typically arrive to the US by one of three modes:
CHEP Conference 2012 Que Volá Sak Pasé Manner of Entry Cuban/Haitian Entrants typically arrive to the US by one of three modes: Traditional Rafters/Irregular Maritime Arrivals Land Border crossing By plane
More informationN F A P P O L I C Y B R I E F» J A N U A R Y
N F A P P O L I C Y B R I E F» J A N U A R Y 2 0 1 4 A P A T H T O A N A G R E E M E N T? : A N A L Y Z I N G H O U S E A N D S E N A T E P L A N S F O R L E G A L I Z I N G T H E U N A U T H O R I Z E
More informationFrequently Asked Questions In Filing a U Visa Case
Frequently Asked Questions In Filing a U Visa Case FORMS Where can I find the government forms? o www.uscis.gov What version of the forms should I use? o Please check www.uscis.gov for the most recent
More information617 POLICY Immigration Status and Secondary Confirmation Documentation
617 POLICY Immigration Status and Secondary Confirmation Documentation 617.1 Statement of Policy Per federal regulations, Redlands Community College has a policy for requesting proof and securing confirmation
More informationFinal Guidance on Extreme Hardship
The following article is a supplement to the Extreme Hardship section in Chapter 7 of AILA s Immigration Law and the Family, 4th Ed., edited by Charles Wheeler: Final Guidance on Extreme Hardship On October
More informationMarch 10, Submitted via
March 10, 2016 Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director 20 Massachusetts Avenue, NW Washington, DC 20529-2140 Submitted via e-mail: ope.feedback@uscis.dhs.gov
More informationThere are 11 new questions and explanations in the FAQ. This article will look closely at each of them, in the order they appear in the FAQ.
DACA Update: New FAQs from USCIS By Jennie Guilfoyle and Susan Schreiber On January 18, 2013, USCIS amended the Frequently Asked Questions (FAQ) that create the eligibility and filing requirements for
More informationDepartment of Homeland Security Delegation Number: Issue Date: 06/05/2003 DELEGATION TO THE BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES
Department of Homeland Security Delegation Number: 0150.1 Issue Date: 06/05/2003 DELEGATION TO THE BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES I. Purpose This delegation vests in the Bureau of Citizenship
More informationU.S. Citizenship and Immigration Services
U.S. Department of Homeland Secu rity U.S. Citizenship and Immigration Services Administrative Appeals Office 20 Massachusetts Ave.. N.W.. MS 2090 Washi ngton. DC 20529-2090 U.S. Citizenship and Immigration
More informationLast Name First Name Middle Name. At: (City/Providence/State/Country) 4. Signature: Date:
Department of Homeland Security U.S. Citizenship and Immigration Services OMB No. 1615-0025 I-508, Waiver of Rights, Privileges, Exemptions and Immunities (Under Section 247(b) of the INA) Type or print
More informationDecember 31, Office of Management and Budget USCIS Desk Officer
Office of Management and Budget USCIS Desk Officer oira_submission@omb.eop.gov Re: Agency Information Collection Activities: Application for Travel Document, Form I 131; Revision of a Currently Approved
More informationImmigration Relief for Immigrant Survivors of Abuse [July 2017]
Immigration Relief for Immigrant Survivors of Abuse [July 2017] What kind of crime or abuse counts? Battery or extreme Sex or labor trafficking cruelty perpetrated by a USC or LPR spouse or parent or an
More informationHARVARD IMMIGRATION & REFUGEE CLINIC of HARVARD LAW SCHOOL 6 Everett Street Wasserstein Hall 3106 Cambridge, Massachusetts 02138
Frequently Asked Questions Updated as of January 24, 2018 12 p.m. These Frequently Asked Questions (FAQs) were prepared by the Harvard Immigration and Refugee Clinical Program (HIRC). HIRC provides *free*
More informationCHAPTER 1 INTRODUCTION. 1.1 Introduction to Citizenship
Naturalization & US Citizenship CHAPTER 1 INTRODUCTION This chapter includes: 1.1 Introduction to Citizenship... 1-1 1.2 Overview of the Basic Requirements for Naturalization... 1-3 1.3 How to Use This
More informationHAUSWIESNER KING LLP
The New Immigration Fee Schedule USCIS fees changed on July 30, 2007. This fee schedule applies if you file on or after that date. The fees listed below include both the filing fee and any required biometric
More informationCathy Demchak & Lynn Javor. Carnegie Mellon University PASFAA Conference, October 2017
Cathy Demchak & Lynn Javor Carnegie Mellon University PASFAA Conference, October 2017 Agenda What is a comment code? How does it happen? Which codes relate to citizenship status? What do I need to resolve
More informationNATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS
Naturalization & US Citizenship NATURALIZATION & US CITIZENSHIP: THE ESSENTIAL LEGAL GUIDE 15 TH EDITION TABLE OF CONTENTS Chapter 1 Introduction and Overview 1.1 Introduction to Citizenship... 1 1.2 Overview
More informationAuthority INA 212(a)(6)(A)(i), 212(d)(5)(A), 235(a), and 245(a), (c); 8 U.S.C. 1182(a)(6)(A)(i), 1182(d)(5)(A), 1225(a), and 1255(a), (c)
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Office of the Director (MS 2000) Washington, DC 20529-2000 U.S. Citizenship and Immigration Services November 15,2013 PM-602-0091
More informationScreening Far and Wide
Screening Far and Wide November 30, 2017 Panelists Dan Berger, Partner, Curran & Berger LLP Carmen Maquilon, Director, Catholic Charities Immigrant Services, Diocese of Rockville Centre Erin Quinn, Senior
More informationVSC Stakeholder Notes 1 VAWA Teleconference
VSC Stakeholder Notes 1 VAWA Teleconference 9.28.12 NOTE: We have organized the questions and answers into categories and added practice pointers and clarifying information where relevant. The stakeholder
More informationChapter 1 CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL. This chapter includes:
CHAPTER 1 INTRODUCTION TO HARDSHIP AND THE MANUAL Hardship in Immigration Law Chapter 1 This chapter includes: 1.1 Introduction... 1-1 1.2 How Does Hardship Come into Play?... 1-1 1.3 Hardship Is a Discretionary
More informationBack To School: Immigration Issues for Students and Universities,
Back To School: Immigration Issues for Students and Universities, Steve Springer s Outline/Notes III. Maintenance of status and reinstatement A. Maintenance of status and reinstatement 1. F-1s a. Maintenance
More informationRef: A) 96 State (IIRAIRA Update No. 10) B) 97 State (Update No. 20) C) 97 State (Update No. 34) D) 98 State (Update No.
April 4, 1998 R 040134Z APR 98 FM SECSTATE WASHDC TO ALL DIPLOMATIC AND CONSULAR POSTS SPECIAL EMBASSY PROGRAM GUANGZHOU POUCH BUJUMBURA POUCH PORT MORESBY POUCH INFO HQ USINS WASHDC DEA WASHDC 0000 USIA
More informationAMERICAN IMMIGRATION LAW FOUNDATION
AMERICAN IMMIGRATION LAW FOUNDATION BACKGROUND PRACTICE ADVISORY 1 by: Linda Rose and Mary Kenney CIRCUMVENTING NATURALIZATION DELAYS: HOW TO GET JUDICIAL RELIEF UNDER 8 USC 1447(B) FOR A STALLED NATURALIZATION
More informationAPPLICATION OF THE CHILD STATUS PROTECTION ACT TO ASYLEES AND REFUGEES
APPLICATION OF THE CHILD STATUS PROTECTION ACT TO ASYLEES AND REFUGEES The Child Status Protection Act (CSPA), 1 enacted on August 6, 2002, is a complex law that applies in different ways to certain types
More informationIN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT. No Non-Argument Calendar. D.C. Docket No. 1:13-cv DLG.
Case: 14-11084 Date Filed: 12/19/2014 Page: 1 of 16 [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT No. 14-11084 Non-Argument Calendar D.C. Docket No. 1:13-cv-22737-DLG AARON CAMACHO
More informationImmigration Law Overview
Immigration Law Overview December 13, 2017 Dalia Castillo-Granados, Director ABA s Children s Immigration Law Academy (CILA) History Immigration Laws Past & Present Sources for Current Laws Types of Immigration
More informationAMERICAN IMMIGRATION LAW FOUNDATION DHS ANNOUNCES UNPRECEDENTED EXPANSION OF EXPEDITED REMOVAL TO THE INTERIOR
AMERICAN IMMIGRATION LAW FOUNDATION PRACTICE ADVISORY 1 August 13, 2004 DHS ANNOUNCES UNPRECEDENTED EXPANSION OF EXPEDITED REMOVAL TO THE INTERIOR By Mary Kenney The Department of Homeland Security (DHS)
More informationExpecting a T-Visa Approval, Preparing for an Appeal. Careful Preparations of T Visa Petitions
Expecting a T-Visa Approval, Preparing for an Appeal Careful Preparations of T Visa Petitions Meet Your Presenters Carolyn Kim, TTA Senior Attorney, CAST Erika Gonzalez, TTA Senior Attorney, CAST Lynette
More informationWhat Documentation Must You Include If You Are Submitting This Form With Form I-485?
U.S. Department of Justice Immigration and Naturalization Service OMB No. 1115-0053 (Expires 05-31-05) Supplement A to Form I-485 Adjustment of Status Under Section 245(i) Only use this form if you are
More informationAVOIDING AND EXTENDING TIME LIMITS ON H-1B AND L-1 STATUS * by H. Ronald Klasko and Tammy Fox-Isicoff
AVOIDING AND EXTENDING TIME LIMITS ON H-1B AND L-1 STATUS * by H. Ronald Klasko and Tammy Fox-Isicoff Most nonimmigrant categories that allow employment in the United States do not limit the number of
More informationUNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE
1 1 MOTION FOR SUMMARY JUDGMENT 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ) GABRIEL RUIZ-DIAZ, et al., ) ) No. C0-1RSL Plaintiffs, ) v. ) ) MOTION FOR SUMMARY JUDGMENT UNITED
More informationSPECIAL IMMIGRANT JUVENILE STATUS
SPECIAL IMMIGRANT JUVENILE STATUS Professor Sarah Rogerson, Director of the Immigration Law Clinic Margaret Burt, Esq., Child Welfare Attorney January 24, 2018 Child Migrant Crisis at the Southern Border
More informationGAO ILLEGAL ALIENS. INS' Processes for Denying Aliens Entry Into the United States
GAO United States General Accounting Office Testimony Before the Permanent Subcommittee on Investigations, Committee on Governmental Affairs, U.S. Senate For Release on Delivery Expected at 9:30 a.m.,
More informationHQADN 70/23.1. March 8, 2002
U.S. Department of Justice Immigration and Naturalization Service HQADN 70/23.1 Office of the Executive Associate Commissioner 425 I Street NW Washington, DC 20536 March 8, 2002 MEMORANDUM FOR REGIONAL
More informationTABLE OF CONTENTS. Representing Clients in Immigration Court, 5th Ed. Acknowledgments... ix Table of Decisions Index
TABLE OF CONTENTS Representing Clients in Immigration Court, 5th Ed. Acknowledgments... ix Table of Decisions... 741 Index... 779 Chapter 1: Removal Proceedings... 1 Basic Concepts... 1 Congressional Power
More informationQuestion & Answer May 27, 2008
Question & Answer May 27, 2008 USCIS NATIONAL STAKEHOLDER MEETING Answers to National Stakeholder Questions Note: The next stakeholder meeting will be held on June 24, 2008 at 2:00 pm. 1. Question: Have
More informationGUIDE FOR DETAINED IMMIGRANTS
GUIDE FOR DETAINED IMMIGRANTS 1119 Pacific Avenue, Suite 1400 Tacoma, WA 98402 253-383-0519 877-814-6444 253-383-0111 (fax) The Northwest Immigrant Rights Project (NWIRP) is a non-profit organization.
More informationTABLE OF CONTENTS. Foreword...v Acknowledgments...ix Table of Decisions Index...367
Foreword...v Acknowledgments...ix Table of Decisions...355 Index...367 Chapter 1: Removal Proceedings...1 Introduction to Basic Concepts...1 Congressional Power to Deport...2 Changes in the Law Impacting
More informationALL THOSE RULES ABOUT CRIMES INVOLVING MORAL TURPITUDE
Practice Advisory December 2017 ALL THOSE RULES ABOUT CRIMES INVOLVING MORAL TURPITUDE By Kathy Brady, ILRC Different Rules Govern Consequences of Crimes Involving Moral Turpitude A conviction of a crime
More informationUnlawful Presence Waivers
13.1 Overview of Unlawful Presence Unlawful Presence Waivers The grounds of inadmissibility that cover unlawful presence are found in INA 212(a)(9)(B). That section covers noncitizens who were unlawfully
More informationStatus Eligibility Definition SAVE Code Documentation Card Documentation
Lawfully Residing Noncitizen Children Lawful Permanent Resident Refugee Status Definition SAVE Code Documentation Card Documentation 5-Year Wait Eliminated Also known as Qualified Immigrants. LPRs have
More informationSummary Regarding Executive Branch Authority to Grant DREAMers Temporary Relief
Summary Regarding Executive Branch Authority to Grant DREAMers Temporary Relief To: Interested Parties From: Cheryl Little, Esq, Executive Director Americans for Immigrant Justice Date: May 18, 2012 Background
More informationDEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. [CIS No ; DHS Docket No. USCIS ] RIN 1615-ZB56
This document is scheduled to be published in the Federal Register on 09/26/2016 and available online at https://federalregister.gov/d/2016-23250, and on FDsys.gov 9111-97 DEPARTMENT OF HOMELAND SECURITY
More informationFebruary 12, Dear USCIS Desk Officer,
Laura Dawkins Chief, Regulatory Coordination Division, Office of Policy and Strategy U.S. Citizenship and Immigration Services, Department of Homeland Security uscisfrcomment@uscis.dhs.gov Re: Agency Information
More informationInteroffice Memorandum
U.S. Department of Homeland Security 20 Massachusetts Ave., NW Washington. DC 20529 U. S. Citizenship and Immigration Services HQ 70/21.1 AD07-18 Interoffice Memorandum To: Field Leadership From: Lori
More information9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS
9 FAM 40.6 EXHIBIT I GROUNDS OF INADMISSIBILITY AVAILABLE WAIVERS (CT:VISA-1613; 01-04-2010) (Office of Origin: CA/VO/L/R) HEALTH RELATED GROUNDS Class of Inadmissibility NIV Waivers IV Waivers Communicable
More informationWAIVERS OF INADMISSIBILITY
CHAPTER 7 WAIVERS OF INADMISSIBILITY Overview The purpose of this chapter is to explain the eligibility requirements for waivers of certain inadmissibility grounds, set forth the legal standards used for
More informationDEPARTMENT OF HOMELAND SECURITY. U.S. Citizenship and Immigration Services. [CIS No ; DHS Docket No. USCIS ] RIN 1615-ZB55
This document is scheduled to be published in the Federal Register on 09/26/2016 and available online at https://federalregister.gov/d/2016-23244, and on FDsys.gov 9111-97 DEPARTMENT OF HOMELAND SECURITY
More informationDACA LEGAL SERVICES TOOLKIT Practice Advisory 6 of 7
DACA LEGAL SERVICES TOOLKIT Practice Advisory 6 of 7 DEFENSES FOR DACA RECIPIENTS FACING ENFORCEMENT OR REMOVAL (DEPORTATION) PROCEEDINGS Center for Human Rights and Constitutional Law 256 S. Occidental
More information9 FAM ALIENS WITH EXTRAORDINARY ABILITY
9 FAM 41.55 ALIENS WITH EXTRAORDINARY ABILITY (a) Requirements for O classification. (TL:VISA-153; 9-10-96) if: An alien shall be classifiable under the provisions of INA 101(a)(15)(O) (1) The consular
More informationIf 2nd Level review Required: List of additional documentation that may be required
EAD Category If 2nd Level review Required: List of additional documentation that may be required Conforming Eligible FHA Eligible VA (co-borrower) A1 Lawful Permanent Resident Permanent Resident Card Passport
More informationExecutive Discretion as to Immigration: Legal Overview
Executive Discretion as to Immigration: Legal Overview Kate M. Manuel Legislative Attorney Michael John Garcia Legislative Attorney April 1, 2015 Congressional Research Service 7-5700 www.crs.gov R43782
More informationDraft Not for Reproduction 02/14/2018
Schedule Department of Homeland Security U.S. Citizenship and Immigration Services Form G-1055 Form AR-11 Alien s Change of Address Card EOIR-29 Notice of Appeal to the Board of Immigration Appeals from
More informationCRS Report for Congress Received through the CRS Web
CRS Report for Congress Received through the CRS Web 97-946 A Updated February 4, 998 Immigration: Adjustment to Permanent Residence Status under Section 245(i) Summary Larry M. Eig Legislative Attorney
More informationLawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP
Lawfully Residing Children and Pregnant Women Eligible for Medicaid and CHIP Last revised JULY 2016 O n July 1, 2010, the Centers for Medicare and Medicaid Services issued guidance on the definition of
More informationThe Child Status Protection Act Children of Asylees and Refugees
20 Massachusetts Avenue Washington, DC 20529 HQOPRD 70/6.1 To: Regional Directors Service Center Directors District Directors From: William R. Yates /s/ Associate Director for Operations U.S. Citizenship
More informationHumanitarian Immigration Law, Part II
Humanitarian Immigration Law, Part II VAWA, U Visas, T Visas, and More Festival of Legal Learning 2019 Kaci Bishop, Clinical Associate Professor of Law VAWA VAWA Allows certain immigrants who are survivors
More informationPUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT
PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT CONCEPCION PADILLA-CALDERA, v. Petitioner, ALBERTO R. GONZALES,* United States Attorney General, Respondent. No. 04-9573 PETITION FOR REVIEW OF AN ORDER
More informationAn Introduction to Federal Immigration Law for North Carolina Government Officials
immigration Law bulletin number 1 november 2008 An Introduction to Federal Immigration Law for North Carolina Government Officials Sejal Zota Immigration affects state and local governments across many
More informationVoluntary Departure: When the Consequences of Failing to Depart Should and Should Not Apply
PRACTICE ADVISORY 1 Updated December 21, 2017 Voluntary Departure: When the Consequences of Failing to Depart Should and Should Not Apply There is a common perception that a grant of voluntary departure
More informationU.S. Department of State Foreign Affairs Manual Volume 9 - Visas 9 FAM NOTES. (CT:VISA-1374; ) (Office of Origin: CA/VO/L/R)
9 FAM 41.85 NOTES (Office of Origin: CA/VO/L/R) 9 FAM 41.85 N1 U NONIMMIGRANT VISA a. The U nonimmigrant classification was created to strengthen the ability of law enforcement agencies to investigate
More informationCompendium of U.S. Laws and Regulations Related to Refugee Resettlement Harvard Immigration and Refugee Clinical Program
Compendium of U.S. Laws and Regulations Related to Refugee Resettlement Harvard Immigration and Refugee Clinical Program Funded by the Howard and Abby Milstein Foundation HARVARD LAW SCHOOL Harvard Immigration
More informationUNCLASSIFIED (U) U.S. Department of State Foreign Affairs Manual Volume 9 Visas 9 FAM NOTES
9 FAM 40.301 NOTES (CT:VISA-1939; 11-01-2012) (Office of Origin: CA/VO/L/R) 9 FAM 40.301 N1 DEPARTMENT'S INA 212(D)(3)(A) WAIVER AUTHORITY The Congress, in enacting INA 212(d)(3)(A), conferred upon the
More informationNW AILA CLE Seattle, WA. Identifying Relief for Clients in Removal Proceedings
NW AILA CLE 3.16.2018 Seattle, WA Identifying Relief for Clients in Removal Proceedings This panel is about weighing the options for clients in removal proceedings, and in particular choosing between consular
More informationPRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION
PRESIDENT TRUMP S EXECUTIVE ORDERS ON IMMIGRATION Disclaimer: This advisory has been created by The Legal Aid Society, Immigration Law Unit. This advisory is not legal advice, and does not substitute for
More informationDACA: What happens next? By Joseph R. Fuschetto, Bunger & Robertson & Frank Martinez, Indiana University, Associate General Counsel
DACA: What happens next? By Joseph R. Fuschetto, Bunger & Robertson & Frank Martinez, Indiana University, Associate General Counsel DACA: Overview Deferred Action for Childhood Arrivals Purpose: Protect
More informationCitizenship and Naturalization
Citizenship and Naturalization Generally any permanent resident may apply for citizenship after residing and being physically present in the United States for certain periods of time. Applicants who gained
More informationDepartment of Homeland Security 111 Massachusetts Avenue, NW, 3rd Floor Washington, DC DHS Docket No. USCIS
November 16, 2007 Department of Homeland Security 111 Massachusetts Avenue, NW, 3rd Floor Washington, DC 20529 By email: rfs.regs@dhs.gov RE: DHS Docket No. USCIS-2006-0069 Dear Sir/Madam: The American
More informationAsylum and Refugee Provisions
FEDERATION FOR AMERICAN IMMIGRATION REFORM Summary of S. 744 The Border Security, Economic Opportunity, and Immigration Modernization Act Asylum and Refugee Provisions On April 17, 2013, Senators Chuck
More informationDEPARTMENT OF HOMELAND SECURITY. 8 CFR Part 212 RIN 1651-AA97. [USCBP ; CBP Decision No ]
This document is scheduled to be published in the Federal Register on 09/05/2017 and available online at https://federalregister.gov/d/2017-18749, and on FDsys.gov 9111-14 DEPARTMENT OF HOMELAND SECURITY
More informationUnited States Court of Appeals
In the United States Court of Appeals For the Seventh Circuit No. 06-2550 LOLITA WOOD a/k/a LOLITA BENDIKIENE, v. Petitioner, MICHAEL B. MUKASEY, Attorney General of the United States, Petition for Review
More informationOVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS
1 OVERVIEW OF IMMIGRATION CONSEQUENCES ANALYSIS May 2015 2 Padilla v. Kentucky: Defense counsel is constitutionally obligated to provide affirmative, correct advice about immigration consequences to noncitizen
More informationREPRESENTING NATURALIZATION CLIENTS IN THE WAKE OF USCIS S NEW NTA MEMO
Practice Advisory December 2018 REPRESENTING NATURALIZATION CLIENTS IN THE WAKE OF USCIS S NEW NTA MEMO By Alison Kamhi, Nora Privitera, and Kathy Brady I. Introduction The United States Citizenship and
More informationWhat Legal Authority Does President Obama Have to Act on Immigration?
What Legal Authority Does President Obama Have to Act on Immigration? Contributed by David W. Leopold, President, American Immigration Lawyers Association (AILA) Since the November mid term elections,
More informationA. SECTION 411 OF IIRAIRA: THE GOOD FAITH COMPLIANCE PROVISION
MEMORANDUM HQIRT 50/5.12 Subject: Interim Guidelines: Section 274A(b)(6) of the Immigration & Nationality Act Added by Section 411 of the Illegal Immigration Reform & Immigrant Responsibility Act of 1996.
More information5 year bar unless pregnant or child<21. pregnant or child<21. pregnant or child< 21
Health Coverage Crosswalk: Eligibility by Immigration Status Copyright March 2013 Benefit Related Immigration Classifications Lawfully Present5 Qualified Aliens Immigration Status Lawful Permanent Resident
More information