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!

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

USCIS: Increased Filing Fees May Be Coming 2020

In November of 2019 DHS announced a proposed rule that would change the USCIS filing fees for immigration applications. On December 9, 2019, DHS posted a notice in the Federal Register indicating the overall fee increases. Comments to this proposed increase were due by December 30th, 2019. If the rule goes into effect many people will be paying substantially more for their applications.

If you are thinking of applying for immigration benefits such as citizenship, petitioning a relative (either adjustment of status or consular processing) or DACA renewal– it may be best to do so now before they increase the fees. Contact us for a consultation to review your case – we are here to help. Below is a sample of some of the proposed filing fee increases:

Benefit Sought Current Fees Proposed Fees Net Difference % Change
Naturalization $640 $1,170 $530 83%
Adjustment of Status $1,225 $2,195 $970 79%
Asylum N/A $50 $50 N/A
DACA $495 $765 $270 55%

 

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