Immigration News Update
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Immigration News Update

IMMIGRATION ATTORNEY IN NEW YORK CITY, NEW YORK

by Norka Schell, Attorney on 09/11/17

ORDER OF SUPERVISION

If you have been placed on an order of supervision, then an attorney from our firm can provide you with substantial information regarding your situation. An order of supervision is issued when an individual has been released from physical custody of the Immigration and Customs Enforcement (ICE). The order marks a waiting period that precedes the obtainment of a final order of removal. This order is usually issued if it is unlikely that the alien can be removed in the near future.

WHAT MUST BE DONE DURING AN ORDER OF SUPERVISION?

If you are under an order of supervision, then there are specific actions that must be taken. This order requires you to periodically report to an immigration officer. It also may require you to obtain permission if you plan to travel out of state. If an order of removal is given, then you may have to obtain necessary travel documents. You will also have to keep the immigration officer informed of any personal information changes made, such as a change of address. There are also rare cases that require a GPS bracelet to be worn at all times. Being subject to an order of supervision is a time of limited freedom for those who are not yet required to be removed from the country.

EXPERIENCED ATTORNEYS IN NEW YORK CITY

If you have been released from the supervision of ICE, then it is important to obtain experienced legal representation for your order of supervision meetings. Our attorneys from will also help you challenge any conditions of your release if you believe such conditions disregard your rights. Our firm has more than 30 years of combined experience that can be used to your case's advantage. If you fail to report to the immigration officer, then you could face severe penalties and your order of supervision can be revoked. For questions or assistance with these situation, contact our office at (212) 258-0713 today!

RESCISSION OF DEFERRED ACTION FOR CHILDHOOD ARRIVALS (DACA)

by Norka Schell, Attorney on 09/05/17

Press Release                                                            Date: September 5, 2017


1. WHY IS DHS PHASING OUT THE DACA PROGRAM? 
- Taking into consideration the federal court rulings in ongoing litigation, and the September 4, 2017 letter from the Attorney General, it is clear that program should be terminated. As such, the Acting Secretary of Homeland Security rescinded the June 15, 2012 memorandum establishing the DACA program. 

2. WHAT IS GOING TO HAPPEN TO CURRENT DACA HOLDERS?
- Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.

3. WHAT HAPPENS TO INDIVIDUALS WHO CURRENTLY HAVE AN INITIAL DACA REQUEST PENDING?
- Due to the anticipated costs and administrative burdens associated with rejecting all pending initial requests, USCIS will adjudicate - on an individual, case-by-case basis -all properly filed DACA initial requests and associated applications for EADs that have been accepted as of September 5, 2017.

4. WHAT HAPPENS TO INDIVIDUALS WHO CURRENTLY HAVE A REQUEST FOR RENEWAL OF DACA PENDING?

- Due to the anticipated costs and administrative burdens associated with rejecting all pending renewal requests, USCIS adjudicate - on an individual, case-by-case basis- properly filed pending DACA renewal requests and associated applications for Employment Authorization Documents from current beneficiaries that have been accepted as of September 5, 2017, and from current beneficiaries whose benefits will expire between September 5, 2017 and March 5, 2018 that have been accepted as of October 5, 2017. USCIS will reject all new requests to renew DACA and associated applications for EAD filed after October 5, 2017.

5- IS THERE STILL TIME FOR CURRENT DACA RECIPIENTS TO FILE A REQUEST TO RENEW THEIR DACA? 

- USCIS will only accept renewal requests and associated applications for EADs for the class of individuals described above in the the time period described above. 

6. WHAT HAPPENS WHEN AN INDIVIDUAL'S DACA BENEFITS EXPIRE OVER THE COURSE OF THE NEXT TWO YEARS? WILL INDIVIDUALS WITH EXPIRED DACA BE CONSIDERED ILLEGALLY PRESENT IN THE COUNTRY? 

- Current law does not grant any legal status for the class of individuals who are current recipients of DACA. Recipients of DACA are currently unlawfully present in the United States with their removal deferred. When their period of deferred action expires or terminated, their removal will no longer be deferred and they will no longer be eligible for lawful employment. 

Only US Congress has the authority to amend the existing immigration laws.

7.  ONCE AN INDIVIDUAL'S DACA EXPIRES, WILL THEIR CASE BE REFERRED TO ICE FOR ENFORCEMENT PURPOSE?

- Information provided to USCIS in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requester meets the criteria of the issuance of a Notice To Appear or a referral to ICE under the criteria set forth in USCIS's Notice to Appear guidance. This policy, which may be modified, suspended, or rescinded at any time with out notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable by law by any party in any administrative, civil, or criminal matter. 

To be continued 

USCIS ALERTS THOSE AFFECTED BY HURRICANE HARVEY

by Norka Schell, Attorney on 08/31/17

USCIS offers immigration services that may help people affected by unforeseen circumstances, including disasters such as Hurricane Harvey.

The following measures may be available on a case-by-case basis upon request:

  • Changing a nonimmigrant status or extending a nonimmigrant stay for an individual currently in the United States. Failure to apply for the extension or change before expiration of your authorized period of admission may be excused if the delay was due to extraordinary circumstances beyond your control;
  • Re-parole of individuals previously granted parole by USCIS;
  • Expedited processing of advance parole requests;
  • Expedited adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications, where appropriate;
  • Consideration of fee waivers due to an inability to pay;
  • Assistance for those who received a Request for Evidence or a Notice of Intent to Deny but were unable to submit evidence or otherwise respond in a timely manner;
  • Assistance if you were unable to appear for a scheduled interview with USCIS;
  • Expedited replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
  • Rescheduling a biometrics appointment.

Note: When making a request, please explain how the impact of Hurricane Harvey created a need for the requested relief. Call the National Customer Service Center at 800-375-5283.

Returning To The United States Following Removal

by Norka Schell, Attorney on 06/26/17

Hundreds of thousands of people are deported from the United States every year. Most are unable to return to the United States on an immigrant visa, due to a variety of factors. Some lack a way to obtain a new immigrant visa, and others face grounds of inadmissibility for which they are unable to obtain a waiver.

In some cases, however, a non-immigrant visa may provide a way for a person to return to the United States following removal. If the applicant is able to meet the general requirements for such a visa, a waiver of inadmissibility may be sought under  the Immigration and Nationality Act (INA). Non-immigrant waiver are available for a broad range of inadmissibility grounds. Under certain circumstances, even an applicant with a "lifetime bar" (for example, a former lawful permanent resident deported due to an aggravated felony conviction) may obtain such a waiver.

 

 

Rescission of Memorandum Providing for Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”)

by Norka Schell, Attorney on 06/16/17

Release Date: 
June 15, 2017

On June 15, Department of Homeland Security Secretary John F. Kelly, after consulting with the Attorney General, signed a memorandum rescinding the November 20, 2014 memorandum that created the program known as Deferred Action for Parents of Americans and Lawful Permanent Residents (“DAPA”) because there is no credible path forward to litigate the currently enjoined policy. 

The rescinded memo purported to provide a path for illegal aliens with a U.S. citizen or lawful permanent resident child to be considered for deferred action.  To be considered for deferred action, an alien was required to satisfy six criteria:

(1) as of November 20, 2014, be the parent of a U.S. citizen or lawful permanent resident;

(2) have continuously resided here since before January 1, 2010;

(3) have been physically present here on November 20, 2014, and when applying for relief;

(4) have no lawful immigration status on that date;

(5) not fall within the Secretary’s enforcement priorities; and

(6) “present no other factors that, in the exercise of discretion, make [ ] the grant of deferred action inappropriate.”

Prior to implementation of DAPA, twenty-six states challenged the policies established in the DAPA memorandum in the U.S. District Court for the Southern District of Texas. The district court enjoined implementation of the DAPA memorandum, the United States Court of Appeals for the Fifth Circuit affirmed the district court’s decision, and the Supreme Court allowed the district court’s injunction to remain in place.

The rescinded policy also provided expanded work authorization for recipients under the DACA program for three years versus two years.  This policy was also enjoined nationwide and has now been rescinded. 

The June 15, 2012 memorandum that created the Deferred Action for Childhood Arrivals (DACA) program will remain in effect. 

For more information, see our frequently asked questions.