TPS Extended Until October 2021!!

TPS EXTENDED UNTIL OCTOBER 2021!!

On December 7, 2020, the Department of Homeland Security announced the extension of Temporary Protective Status (TPS) for beneficiaries from El Salvador, Haiti, Nicaragua, Sudan, Honduras, and Nepal. Originally set to end in January 2021, TPS will now be extended to October 4, 2021 allowing TPS holders to continue legally living and working in the U.S. without fear of being deported.

TPS was put in place to help those whose home countries are experiencing a temporary extraordinary event, such as natural disaster or armed civil wars. With Hurricanes Eta and Iota recently devastating Central American countries, including Honduras and El Salvador, the extension put in place is a great relief to TPS beneficiaries.

It is hoped the Biden administration will help pass a law to enable TPS beneficiaries to become legal permanent residents, and eventually, US citizens. We will continue to provide updates and information relating to any important changes to our immigration law.

Judge Orders DACA Program Opened to New Enrollees!

JUDGE ORDERS DACA PROGRAM OPENED TO NEW ENROLLEES!
DO YOU KNOW SOMEONE WHO MAY QUALIFY FOR DACA?
                       By: George A. Terezakis, Esq.
If you are receiving this, it is because you or a family member, have been a client of our firm. We want to share this important news with you!
The Deferred Action for Childhood Arrivals (DACA) program was enacted by the Obama administration in 2012. It provides protection from deportation to non-citizens brought to this country as children; who have grown up here, yet lack legal status; and who enroll in this program. It provides legal status to participants, and so protects them from deportation-removal. It also allows them to receive employment authorization cards. DACA beneficiaries may also one day qualify to become lawful permanent residents, and eventually, U.S. citizens – something the incoming Biden administration has voiced support for.
In June of 2020, the U.S. Supreme Court ruled the Trump administration’s efforts to terminate the DACA program were not in conformity with the law, and so continued to extend the protections of this program to registered beneficiaries.
Yesterday, Federal District Court Judge Nicholas Garufis, of the E.D.N.Y., ruled the Trump administration must accept new applications from DACCA enrollees who satisfy the requirements of the original program. To qualify, the applicant must have been born on or after June 16th, 1981; have come to the U.S. before their 16th birthday; have continuously resided in the U.S. since June 15th, 2007; and not have a disqualifying criminal conviction. There are a few other requirements, but these are the central ones.
It is important that people who may qualify for the protections of this program, but who failed to register previously, take this opportunity to do so now. While the Trump administration will likely challenge this ruling, it is even more likely the Biden administration would abandon any such opposition. Those who did not know about this program, or who were too afraid to register initially, now have a second chance! The DACA program is relatively inexpensive to enroll in, and may one day offer a pathway to become a U.S. citizen.
If a family member, or someone you know, may qualify to register for DACA, please urge them to avoid the use of unethical “notarios” or “Multiservice” agencies who frequently victimize the unwary by fraudulently enrolling them in programs for which they do not qualify, or by absconding with their money. We have successfully helped many individuals enroll in, or renew their participation in, the DACA program.  Our bilingual, Spanish speaking, staff is here to help anyone who may have questions about their eligibility for DACA. We can also review an undocumented person’s immigration history to determine if they may be eligible to apply to become a lawful permanent resident.  Please, feel free to call us; we look forward to helping you!

The Terezakis Law Firm Wishes You a Happy Thanksgiving!

America took a beating on many fronts this year, but there are good reasons to believe 2021 will be better! Tomorrow we gather with our loved ones. We will mourn those we have lost; remember those who have sacrificed for us; and give thanks for the blessings we have received. Here’s to hoping next year we will celebrate, not simply with turkey and fine wine but gathered with our friends and family.

Federal Judge Calls Appointment of DHS Acting Secretary Unlawful, Challenging the Decision to Limit DACA

by Victoria Spagnolo

On Saturday, U.S District Judge Nicholas G. Garaufis ruled that the appointment of Acting Homeland Security Secretary Chad Wolf was unlawful, challenging his authority to limit the DACA program which prevents the deportation of undocumented immigrants who came to the U.S. as children.

About a month after the Supreme Court held that the U.S. Department of Homeland Security (DHS) had improperly terminated DACA, Wolf issued a memorandum in July that drastically scaled back the DACA program. It cut short the validity of DACA permits from two (2) years to one (1) year and ordered DHS to stop accepting new DACA applications.

Judge Garaufis held that “DHS failed to follow the order of succession as it was lawfully designated” and that Wolf’s appointment is an attempt by the Trump Administration to circumvent the courts and punish “dreamers” and bypass legal hurdles by seating its desired officials in top positions.

The decision follows a report by the Government Accountability Office, a bipartisan congressional watchdog, asserting that Wolf was improperly serving and ineligible under the Federal Vacancies Reform Act (FVRA). A federal judge in Maryland has also ruled that Wolf’s appointment was unlawful.

DHS continues to maintain that Wolf’s appointment was legal even without Senate confirmation. With inauguration day in less than two (2) months, there is a renewed push to get Wolf confirmed as Homeland Security Secretary.

#DACA #Dreamers #Immigration #DHS #Law #Supremecourt

A Milestone in Our Client’s Life!

A Milestone in Our Client’s Life!
Yesterday, following an interview, and after passing his citizenship test, our client’s application to become a U.S. citizen was approved. When I first met him at the detention center, he was a scared 16 year old facing deportation. We gained his freedom – release under bond. We defended him in his deportation proceedings, and helped him become a lawful permanent resident. Today he is steadily employed as an electrician; he has a wonderful wife and they recently purchased their own home in an upscale neighborhood on the North Shore. They are happy and building their lives together. His story is the story of many of the immigrants who help our nation flourish. Thanks to my office staff – everyday they make a difference in our clients’ lives. #Naturalization #Teamwork #KeepingFamiliesTogether #NassauDefender #ImmigrationMakesUsStronger

ANOTHER GREEN CARD WIN AFTER TRIAL!

Keeping families together is the best part of the work we do! Today our client received his green card! He is now a legal permanent resident! We won non-permanent resident cancellation of removal for him following a trial.  These cases are very difficult to win, because you must demonstrate the person would suffer:  “exceptional and extremely unusual hardship” in order to win.  It is all about documenting the hardship, humanizing the  client and his family, and presenting a compelling case. Thanks Lorena & Fabiola for all of your help!  It’s all about teamwork!

DACA SAVED (FOR NOW) BY SUPREME COURT!!!!

GREAT NEWS FOR DACA RECIPIENTS!!!!
Today, in a decision written by Conservative Chief Justice Roberts, the Supreme Court ruled that the Trump administration could not arbitrarily end the DACA program!! Our Dreamers will continue to be protected, at least for now! Urge your family and friends who are U.S. citizens to register to vote; be ready on Election Day!

DACA SAVED (FOR NOW) BY SUPREME COURT RULING!!!

GREAT NEWS FOR DACA RECIPIENTS!!!!
Today, in a decision written by Conservative Chief Justice Roberts, the Supreme Court ruled that the Trump administration could not arbitrarily end the DACA program!! Our Dreamers will continue to be protected, at least for now! Urge your family and friends who are U.S. citizens to register to vote; be ready on Election Day!

Asylum Granted for Salvadoran National

After a trial before an Immigration Judge this week, our client, a Salvadoran national, was granted political asylum! Despite the Trump Administration’s efforts to gut the protections afforded to asylum seekers, there are still courageous Immigration Judges who follow the law. Not only will he never again be persecuted, but in a year, he will be able to apply to become a lawful permanent resident.

Court Allows Appeal to BIA Where Filing Deadline Missed!

The 2nd Circuit Federal Court of Appeals has ruled that immigrants who missed the 30 day deadline for filing their notice of appeal from an Immigration Judge’s order of deportation, may be able to have that deadline equitably tolled, and to have their appeal heard on the merits, rather than have it dismissed.   This decision offers hope to immigrants who have been ordered deported; who have otherwise meritorious appeals; and who missed the filing deadline despite their best efforts under the circumstances.

The Court’s decision in Attipoe v. Barr, involved an immigrant whose efforts to appeal his deportation order were frustrated by the Judge’s failure to provide him proper notice of  his right to appeal; by the fact his detention by ICE limited his efforts to retain an attorney; and by his attorney’s failure to file his notice of  appeal on time.  The Court  reversed  the Board of Immigration Appeals’ determination  that missing the 30 day filing deadline by even one day meant the appeal must be dismissed – even if the non-citizen had a winning legal argument, and even if the late filing was not the immigrant’s fault.

In Attipoe, the Court rejected the BIA’s use of such a strict deadline to dismiss an otherwise meritorious appeal.  The Court directed the Board to formulate standards to determine when a late filed appeal should be subject to “equitable tolling”.   The Court’s decision in Attipoe offers new hope for immigrants who diligently tried to appeal of their deportation order, but whose appeals were dismissed due to a missed deadline, and through no fault of their own.

If you, a family member, or a friend have been deprived of the chance to appeal a deportation order due to a missed filing deadline; and if the order was entered by a Judge sitting in an Immigration Court located in New York or Connecticut; then the Second Circuit’s decision in Attipoe may provide a way for that appeal to be heard,  even if the filing deadline was missed, provided you can show the non-citizen act diligently in pursuing his rights during the 30 day period for filing the appeal, and in the period after the deadline and until actually filing a motion to accept a late filed notice of appeal.  If you or someone you know has had their appeal dismissed through no fault of their own, contact our office to schedule a consultation so we may determine whether the protections of the Attipoe decision apply to you.

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