This month the United States Department of Homeland Security announced that it has designated the nation of Ethiopia for Temporary Protected Status (“TPS”). A country can be designated for TPS if the conditions in that country include armed conflict, environmental disaster or extraordinary conditions that otherwise make life dangerous in that country. What this means in practical terms is that persons from Ethiopia currently residing in the United States as of October 20, 2022 can remain here for 18-months without fear of overstaying a visa or being deported. That 18-month period can be extended if the TPS gets extended. The rationale behind TPS is that persons from nations that have been designated for TPS status cannot return home without being placed in danger and therefore they must be allowed to remain in the United States for a temporary period of time for their protection.

Currently, Ethiopia’s Tigray region has witnessed an ongoing civil war since 2020 that has brought tremendous suffering and danger to the region. In addition to this civil war, the

country is also experiencing food shortages, dangerous environmental conditions and other hardships that make life dangerous. In recognition of this, the Secretary of DHS, Alejandro Mayorkas, recently commented that “Ethiopian nationals currently residing in the U.S. who cannot safely return will be able to remain and work in the United States until conditions in their home country improve.” This news has been met with relief in the Ethiopian community and especially among those facing the prospect of overstaying a visa versus returning home to dangerous conditions.

This is the first time Ethiopia has been designated for TPS. In recent years, other countries such as Venezuela and Ukraine have received TPS designation. To be eligible to benefit from this program, Ethiopians must have continuously resided in the United States since October 20, 2022. Individuals who attempt to travel to the United States after that time period will not be eligible to qualify for TPS protection. In other words, TPS only helps those persons already in the United States at the time the designation is given. As noted earlier, the protection will only extend for 18-months.

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The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At BestImmigrationLawyer.com is a premier immigration law firm with over 50 years of combined legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories, with specific offices in Las Vegas, Phoenix and Los Angeles.

The law known as Deferred Action for Childhood Arrivals, commonly referred to as “DACA,” was passed 10-years ago this month (June 15, 2012) during President Barack Obama’s Administration. DACA protects individuals who arrived in the United States as children and affords them legal protection from deportation, along with giving them the right to work. While the law was a significant step in the direction of providing protection to a large class of people living in the United States, immigration advocates have fought hard since the passage of DACA to provide recipients with a pathway toward permanent legal residence or citizenship. The proposal to allow DACA recipients a pathway toward citizenship is known as the “Dream Act” and DACA eligible recipients are often referred to as “Dreamers.”

On the 10^th anniversary since the passage of DACA, there is now renewed calls for passage of the Dream Act. Commenting on the need for passage of the law, United States Senator Alex Padilla of California stated “Dreamers put their health, that of their families, on the line for the rest of the nation during the pandemic. They deserve better than to live in uncertainty, or fear in change of status or possible deportation.” California is home to more immigrants and “Dreamers” than any other state.

During the administration of President Donald Trump there were challenges to DACA. However, the United States Supreme Court left the law intact and rejected those challenges. Many now fear that the Supreme Court, in light of the recent ruling striking down the Roe v. Wade decision, could change its position. For that reason, immigration advocates have renewed calls for passage of the Dream Act. Summarizing the view of many, Congressman Dan Newhouse of Washington commented “Congress can no longer continue to kick this can down the road, we have to have a permanent solution signed into law.”

More than 500 college presidents and leaders of major corporations have joined the chorus of advocates calling for passage of the Dream Act. Although the law has been introduced 11 times in Congress, with bi-partisan support from both Democrats and Republicans, it has yet to become law.

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The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you with any immigration issue, including DACA. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories. We can help you wherever you are.

If you’re facing deportation, more formally referred to as “removal proceedings,” you may be afraid of being forced to return to the country you left and be forced from the United States which you now consider your home. It’s important to understand why you may have to leave the US and what rights you have to try and remain here.

In recent times, immigration enforcement has become a government priority. There is not a day that goes by without some aspect of immigration being discussed in the news. Having competent legal representation to protect your rights is very important. This blog is intended to help you understand some of the various aspects of deportation law.

1. Who Can Be Deported?

Any person who is in the US and is not a citizen can be removed. Persons can be deported who:

• Were inadmissible when they entered the US
• Violated the terms of their visa or other immigration laws
• Violated criminal laws
• Are a threat to public safety
• Need to rely on public assistance

2. How Are Deportation Proceedings Started?

Deportation proceedings often begin in one of two ways – either by arrest or upon receipt of a Notice to Appear (NTA) in federal Immigration Court. Immigration laws are enforced by Immigration Customs Enforcement (ICE) – the enforcement agency within the Department of Homeland Security (DHS).

ICE has the authority to detain and question individuals about their immigration status. ICE may also receive information from local law enforcement that leads to the arrest and detention of those suspected of immigration law violations.

When a person applies for some type of legal immigration status with US Customs and Immigration Services (USCIS) and has their application denied, USCIS may notify ICE that the applicant does not have lawful immigration status.

Another agency, US Customs and Border Protection (CBP) – also under DHS – may determine that a person attempting entry at a US border is not eligible for entry and should be deported.

3. What Happens During Deportation Proceedings?

Once an agency within DHS identifies a noncitizen that is to be deported it must select which deportation proceedings to use and the level of priority to give the deportation. DHS has the discretion not to deport someone even if the person is deportable.

Deferred action is the status of a noncitizen who DHS has decided not to put through deportation proceedings – yet. During the temporary period that a deferred action is effective, a noncitizen is considered lawfully present in the US. A grant of deferred action can be renewed or it can be terminated at any time.

If DHS decides a noncitizen is a priority to deport there are two types of deportation proceedings that may be used. Most often persons already in the US will receive a notice to appear in an immigration court and a chance to present a defense to their removal. Persons who are detained by CBP are typically put through expedited deportation proceedings that do not include appearing before a judge.

1. Immigration court removal proceedings – In these proceedings an immigration law judge hears arguments from DHS to prove a noncitizen’s illegal immigration status. Then the noncitizen may provide reasons why legal immigration status should be granted. A noncitizen is allowed to have an attorney – though is not provided with one.

1. Expedited removal – Under current law and process, a noncitizen anywhere in the US that does not have proper documentation can be put through expedited removal. The process is conducted by an immigration officer and typically the noncitizen appears without an attorney and can be deported within a few hours.

There are two ways that a noncitizen can avoid expedited removal.

• Show proof of having lived in the US at least 2 years prior to apprehension
• Claim to be a refugee seeking asylum in the US

4. What Are The Defenses To Deportation?

Depending upon the reason that a noncitizen is facing deportation, there are several defenses that may apply and allow a noncitizen to avoid removal and gain legal immigration status.

• Prove you are a US citizen
• Waiver and cancellation of removal – usually applies to those being deported for criminal activity
• Claim asylum or relief from torture
• Adjustment of status – a noncitizen can become a permanent resident based on US family connections
• Voluntary departure – avoids order of deportation and restrictions on returning

Each defense has specific qualifications that must be met. The appropriate defense will depend on the circumstances of each particular case. Having competent legal representation is often the difference between those who successfully defend removal and those who end up being forced to leave the US.

5. What Happens If You Get A Final Deportation Order?

A noncitizen who is denied the right to remain in the US will be issued a removal order. The removal order can be appealed to the Board of Immigration Appeals (BIA), then to a Federal Circuit Court, and finally to the US Supreme Court. The process could take weeks, months or even years. The removal order will be suspended while the appeal is being considered.

If all appeals are exhausted and a noncitizen is issued a final order of removal, DHS will make arrangements to return the noncitizen to his or her country of citizenship. During this period of time a noncitizen may be detained for a specified period or may be released under an order of supervision and allowed to work in the US.

A noncitizen has one last possibility to stop the deportation. An application can be made to ICE for a stay of deportation or removal. The authority to grant or deny the stay is completely up to DHS and is typically granted for humanitarian reasons. Again, having a really good lawyer helping can make the difference between success or failure.

6. When Can A Noncitizen Return To The US After Being Deported?

How long a noncitizen must wait before attempting to enter the US again depends on how and why the noncitizen was removed.

• 5-year wait – if removal was initiated from an entry attempt at a US port of entry
• 10-year wait – if the removal order was issued by an immigration court
• 20-year wait – if the removal was for conviction of an aggravated felony or there has been a previous order of removal

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The immigration laws are complex. One wrong move or bad decision can have life altering consequences. Call us today or get in touch with us through this website and let us help you. At the BestImmigrationLawyer.com, we have over 50 combined years of legal experience ready to help you deal with any immigration issue. BestImmigrationLawyer.com practices immigration law throughout the United States and its territories.

In a case entitled Borden v. United States, the United States Supreme Court (SCOTUS) recently clarified the level of mental awareness that persons must have in order to be convicted under the Armed Career Criminal Act (ACCA). In that case, the Court was interpreting the meaning of the language used to describe the commission of a “violent felony” under the ACCA (a federal statute).

While SCOTUS was not ruling on an immigration law specifically, the language that was being interpreted was very similar to language used in immigration laws to describe criminal behavior that can result in deportation. Therefore, the Court’s ruling may have applicability in immigration deportation proceedings where a noncitizen is being deported for committing a crime of violence.

Noncitizen Deportation for Criminal Activity

The Immigration and Nationality Act (INA) sets out the circumstances and behaviors that may result in deportation. Criminal conduct by a noncitizen often results in removal from the United States. One of the criminal activities that will result in deportation is for a noncitizen to commit an aggravated felony.

Aggravated felonies are a category of criminal behaviors identified under immigration laws – some of which do not involve aggravating circumstances or are not felonies under criminal law. However, an aggravated felony conviction means that most defenses to deportation will not be available. Those deported for committing an aggravated felony cannot legally return to the US for at least 20 years.

A crime of violence is an aggravated felony under immigration laws.

Deportation Based On Commission of a Crime of Violence

A noncitizen convicted of a “crime of violence” has committed an offense punishable by imprisonment of at least 1 year that:

• has as an element the use, attempted use, or threatened use of physical force against the person or property of another, or
• any felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense

Similarly, ACCA defines a “violent felony” as a crime punishable by imprisonment for more than 1 year that

• has as an element the use, attempted use, or threatened use of physical force against the person of another, or
• is burglary, arson, or extortion, involves use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another

What the Supreme Court Decision Means for Immigration Law

In the Borden case, the defendant [Borden] was convicted of illegally possessing a firearm and the government tried to impose the mandatory 15-year sentence under ACCA for persons who illegally possess a firearm and have 3 or more previous convictions involving a violent felony.

One of Borden’s previous convictions was for “reckless aggravated assault” under state law and Borden argued that the mental state of recklessness did not rise to the level of purposeful or knowing, which is the standard contemplated in a charge for the use of force against the person of another.

The Supreme Court did not consider Borden’s previous conviction under the second definition of violent felony because it had previously ruled in Johnson vs. United States that the provision violated the Constitution. The provision proscribing “conduct that presents a serious potential risk of physical injury to another”‘ was determined to be too vague and therefore a violation of the right to due process.

The Court agreed with Borden and ruled that the definition of violent felony was directed at persons who either intended the violent conduct toward a particular person or who knew that the conduct would likely occur toward a person. A violent felony did not include conduct where a person acts without regard for the consequences of their conduct and without the knowledge that any particular person will be harmed.

What this decision potentially means for those facing deportation for a crime of violence is that conviction of a crime that merely requires a mental state of recklessness will not be severe enough to be a crime of violence under immigration laws.

But Keep a Couple of Things in Mind

While there are similarities between a violent felony under ACCA and a crime of violence under INA, there are also some important differences that make being convicted of a crime of violence more likely than being convicted of a violent felony.

• Crime of violence includes the property of another – So taking a sledgehammer to someone’s car and totaling it is not a violent felony but it is arguably a crime of violence.
• Immigrants don’t always get constitutional protections – Anyone within US borders is theoretically protected by the US Constitution – including those here illegally. However, there are many instances where immigrants are not being given the same constitutional rights as citizens.

The Supreme Court may have found the residual clause in Johnson – a case against a US citizen – violated constitutional rights, but that doesn’t guarantee the same result for a similar clause under immigration laws. The residual clause defining a crime of violence provides a second means to convict an immigrant of an aggravated felony – the most deportable of offenses.

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If you need a good immigration lawyer, contact the Oxford Immigration Lawyers (OIL) today at 702-707-2000. The immigration laws are complex and having the right lawyer by your side is crucial. Make an appointment with OIL today and let us help you navigate the immigration system.

Starting approximately March 2020, the United States and Canada agreed to restrict border crossings for all nonessential travel in an effort to curb the spread of Covid-19 between the two countries. Canada’s ban included travel by air, land, and sea. Interestingly, the US never banned Canadians from flying to the US. But the question still lays, is the US border still closed to Canadians?

On August 9 Canada reopened the border to US residents who have been fully vaccinated and provide results of a Covid-19 test taken within 72 hours of arrival. The US, however, did not respond in kind. In fact, the Department of Homeland Security (DHS) extended the restrictions until October 21, 2021. The US ban applies to land ports of entry, passenger rail, ferry terminals, and pleasure boats. The ban does not apply to air, freight rail or sea travel.

Why Can Canadians Fly to the US But Can’t Drive Across the Border?

Why air travel into the United States from Canada was never restricted is unclear and, to date, no one has made a real effort to explain the reason for it. The only requirement for Canadian airline passengers is that all persons over the age of 2 must produce a negative Covid-19 test taken within 72 hours of departure.

Continued Border Closure Frustrating to Canadians and Americans

Imagine being used to driving routinely back and forth across the border and suddenly having that freedom taken away. For those living close to the border on both sides, frequent, if not daily, “nonessential” trips across the border are a way of life.

Sure, Canadians can get across the border in a plane. But when you’re being required to take a day and a half of travel and hundreds of extra dollars to go to the same place it would otherwise take you 45 minutes to drive to, there should be a pretty compelling reason behind it.

US businesses that rely on border traffic must continue to struggle when logic suggests that any perceived risk that might be introduced to the US at the border could be properly managed with a requirement of full vaccination and a negative Covid test.

So why isn’t the US willing to reciprocate the courtesy given by our northern neighbors?

Reasons Why the US Is Slow to Open the Land Border

The official reason given for the ongoing border restrictions toward Canada is that the risk of continuing the transmission and spread of Covid-19 between the two countries poses a “specific threat to human life or national interests.” Okay, but consider this: the geographic size of Canada is slightly bigger than the US. Yet the population of the US is close to 9 times greater. Although both countries are close to 50% vaccinated, having only 50% of Canadians unvaccinated is a lot fewer people than 50% of Americans. Thus, if anything, it makes more sense for Canadians to keep Americans out than the other way around.

Another reason that has been suggested for the hold-up with reopening the northern border is that the US also has a southern border to think about. The situations in the countries beyond each border are very different and the US may be waiting to try and establish a coordinated policy that could be used at both borders.

Whatever the actual reason for continuing to delay opening the land border to Canadians, the Biden administration is being pressured to provide some answers from both sides of the northern border.

In July of this year, the governors of 9 border-states wrote a joint letter to Homeland Security Secretary Mayorkas and Secretary of State Blinken stressing the magnitude of the economic impact caused by the continuation of border restrictions and asking that a plan for reopening be implemented. Another letter was sent to President Biden and Prime Minister Trudeau by several border-state governors and the premiers of two Canadian border provinces asking that the leaders work together to get the border reopened.

The US re-evaluates the continuation of the border closure every 30 days. Many people feel that even if the southern border continues to remain closed, it will be hard to justify the hardship imposed on Americans by restricting all Canadians from entering the US at the northern border when secure protocols exist to effectively manage the risk of further transmission and spread of Covid-19.

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If you need a good immigration lawyer, contact us today at 702-707-2000. The immigration laws are complex and having the right lawyer by your side is crucial. Make an appointment with our lawyers today and let us help you navigate the immigration system.

As the United States withdraws from Afghanistan, thousands of refugees are also desperately trying to leave the country. Since 2009 the US has admitted qualifying Afghan allies and their families under the Special Immigrant Visa (SIV) program. The program offers resettlement in the US to Afghans who assisted US military operations and are in danger of retribution from Taliban forces. Thus the United States expands Afghan refugee admissions at critical time of crisis putting more stress on personal working on SIV applications.

However, the processing of SIV applications has been slow and wait times long. It’s estimated that 300,000 Afghans provided assistance to the US yet only about 20,000 SIVs have been issued since the inception of the program. And many who worked with the US and are in need of assistance do not qualify for SIV.

In response to the extreme danger many Afghans are facing as the Taliban has rapidly regained control of the country, the Biden administration has taken steps to streamline the processing of SIV applications and has opened a new avenue of entry for Afghan refugees through the US Refugee Admissions Program (USRAP). Eligible Afghans who don’t qualify for SIV can now apply for a Priority 2 (P2) designation under the USRAP.

How to Obtain an Afghan Refugee Special Immigration Visa (SIV)

Over the last 2 decades, hundreds of thousands of Afghans aided US troops, many as translators and interpreters. The Special Immigrant Visa program was created to provide protection for Afghans and their families who feared retaliation for supporting the US.

Eligibility for SIV:

• employed by or on behalf of the US government or the International Security Assistance Force (ISAF)
• employed for at least 1 year (recently changed from a 2-year requirement)
• must be Afghan national
• employment must have occurred between October 7, 2001 and December 31, 2023
• must have documentation that ‘faithful and valuable service’ was provided
• must have experienced serious threat because of the employment

A person who meets the requirements for SIV can also obtain SIVs for a spouse and unmarried children under age 21.

An additional 8,000 SIVs were recently authorized bringing the total number of visas that can be granted under the program to 34,500. The program will end when all of the visas have been issued. The visa count applies to the employee only and does not include the visas issued to a spouse and children.

How to Obtain a Priority 2 (P2) Visa for Afghan Nationals

Although the SIV qualifications have been relaxed so that more Afghans are now able to qualify, there are many who are still unable to meet SIV requirements.

The US Refugee Assistance Program has three priorities of persons who may access the program. Those categorized Priority 2 have unique circumstances that qualify them for protection under USRAP. The State Department designates a particular group P2 based on “special concern” that the group is in need of resettlement. As of July, Afghans who qualify can now apply for P2 visas.

Eligibility for P2:

• worked for less than 1 year
• worked for US military or military support
• worked for US government-funded project/program
• worked for US-based media company or non-government organization
• must be referred by a US government agency or the senior-most US citizen employee of a non-government organization

Afghans and their spouses and children of any age, married or not, may be referred to the USRAP program.

If the qualifications for the P2 visa cannot be met, it’s possible an applicant might qualify for Priority 1 status based on a referral. P1 referrals may be made by designated agencies (such as an embassy) on a case-by-case basis based on the need for resettlement. Certain Afghans who may have worked as sub-contract personnel may not qualify for P2 status but may be able to obtain a P1 visa.

Visa Application Processing Efficiency

Processing Afghan visa applications is currently a US priority. Due to Trump administration policies that significantly slowed down the review process, a backlog of over 17,000 SIV applications had built up since March of 2020 and the State Department only began processing the applications again in February.

The Biden administration has evacuated thousands of Afghans and their families. Efforts are being made to get more Afghans out of Afghanistan and into other countries where they can safely await the processing of their visa applications.

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In March of 2020, as COVID-19 was declared a pandemic by the World Health Organization (WHO) and President Trump declared a national emergency in the United States, the Centers for Disease Control and Prevention (CDC) used its authority in the name of the protection of public health to suspend migration of foreign nationals across the borders from Canada and Mexico. Due to the unpredictable length of time that COVID-19 has presented to the world, extending migration ban at north and south boards have been implemented.

The migration ban has been extended several times since it was initially imposed. Opponents argue that the ban unfairly targets non-citizens while millions of other travelers are still allowed to come into the U.S. across the northern and southern borders.

Amid criticism and opposition from immigration advocacy groups, the Biden administration recently extended the ban indefinitely citing the rapid spread of the COVID-19 delta variant as justification.

How Can the US Justify Expelling Migrants Seeking Asylum?

The justification for expelling migrants is a provision of the Public Health Service Act found in Title 42 of the United States Code. Under section 265 of the Act, the CDC can suspend the introduction of persons or property from countries outside the US where there exists a communicable disease and admitting persons from such countries presents a danger to public health.

New regulations were devised pursuant to the authority in Title 42 that specifically target non-citizens who try to come into the US from Mexico or Canada and provide for their immediate expulsion without first determining if they are sick or contagious.

The Problem With the Way Title 42 Is Being Interpreted

The Public Health Service Act became law in 1944. The intention at the time was to prevent the introduction of serious communicable diseases to the US by limiting potential carriers from coming in. By using ‘persons’ instead of a more particular classification, the law anticipated any attempt at entry from anyone who had come from a country known to have communicable diseases including those entering the US legally.

But the law is not being used as it was intended. Title 42 is being used to prevent legal immigration in direct conflict with existing immigration laws. The CDC order authorizes the US Border Patrol (USBP) to expel anyone without documentation no matter why they are seeking entrance. There is no apparent concern about the health risk posed by documented persons coming from Canada or Mexico.

One of the justifications for turning away non-citizens is the risk of having COVID spread through the detention facilities. Processing for expulsion is minimal and no orders are issued upon removal. While the law is being applied exclusively to non-citizens, it is not an immigration law and immigration procedures are not being followed.

Why Opponents of the Migration Ban Argue It Must Be Rescinded

Opponents of the ban say that the public health rationale does not support the actions taken by the Biden administration and immigration laws, such as the Refugee Act of 1980, supersede any authority granted by the 1944 law.

• No significant risk to public health \u2013 On an average day, the USBP processes over 650,000 persons legally entering the US. Recent data from US Customs and Border Protection (CBP) show less than 4,000 persons per day are expelled under Title 42. Those expelled represent only a tiny fraction of the persons that could be ‘introducing’ COVID into the US.

• Asylum seekers have rights under US law \u2013 The Immigration and Nationality Act (INA) gives non-citizens the right to apply for asylum. Immigration laws entitle a non-citizen seeking asylum to a hearing to determine eligibility prior to removal. US immigration laws post-date Title 42 and therefore should govern those seeking asylum.

What Is Currently Happening At The US – Mexico Border

In July, interactions at the US-Mexico border between non-citizens and border personnel numbered over 200,000 – the most recorded in over 20 years. Encounters have been increasing steadily month over month since May of 2020.

When the migration ban first went into effect, expulsions under Title 42 quickly began to outpace immigration enforcement actions under Title 8 (immigration laws). July was the first month since the pandemic began that the CBP reported more Title 8 enforcement actions than Title 42 expulsions. Monthly expulsions have been decreasing since February.

The number of child migrants arriving alone at the US-Mexico border is at an all-time high of over 112,000 with still another month to go in the fiscal year. The initial CDC order under Title 42 included unaccompanied minors despite provisions to the contrary in the Trafficking Victims Protection Act (TVPA). In November 2020, a federal judge ruled that the CDC order violated the TVPA. Non-citizen children have not been expelled since that time and the Biden administration amended the CDC order to exempt unaccompanied minors.

The Future Of Title 42 Expulsions

The Biden administration is under pressure to rescind the policy. Whether or not to continue Title 42 must be re-evaluated in 60 days.

The United Nations has condemned the US policy and has urged the US to adopt screening protocols similar to other European nations that exempt those seeking asylum from entry bans.

Immigration advocacy groups including the American Civil Liberties Union have resumed a lawsuit against the Biden administration seeking to end the policy after negotiations to phase out Title 42 broke down.

Despite President Biden’s promises to restore humanity to a post-Trump immigration system, hundreds of thousands of migrants, many seeking asylum, have been turned away under the Biden administration and returned to countries where they face intolerable and dangerous conditions.

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For the past several years, it’s been a rough go for immigrants in the United States (or those attempting to come here) Many may have gotten the message that the once welcoming United States was no longer that place you could go where you would be given the chance to begin a new life. Seeking a break from the nativist policies of the recent past, President Biden has sought to make changes to the nation’s immigration system by eliminating much of the current bureaucracy and allowing more immigrants to achieve legal status in the United States. The Biden Immigration Reform Bill creates a new path to citizenship, making steps toward immigration reform.

Under “The US Citizenship Act of 2021,” legislation that began making its way through Congress in February of this year, the Biden administration is attempting to revamp an outdated immigration system and help make right the immigration wrongs imposed by the previous administration. Important issues addressed by the new legislation include the need to keep immigrant families together and to make an effort to reunite families that were previously separated while trying to immigrate. The new law would also make the screening process more efficient and cut down on long wait times. And, the law would empower immigration judges to have more discretion to consider individual circumstances and make decisions as appropriate under the circumstances of each case.

One of the biggest changes proposed by the bill is the ability for those who are undocumented nationals (“noncitizens”) currently in the United States to earn their way to citizenship.

Undocumented Immigrants Can Become Documented

Though it’s not yet law, if the legislation is passed it would allow about 11 million undocumented immigrants and their families to become immediately eligible for lawful prospective immigrant (“LPI”) status Included in those eligible for LPI status would be the following:

• Agricultural workers
• Those who provided essential services during Covid-19
• Those who have temporary protected immigrant (TPI) status

As an LPI, an immigrant would be able to remain in the United States lawfully, obtain work authorization (including a social security card), travel outside the US and renew LPI status every 6 years.

After 5 years of LPI status, immigrants would be eligible to apply for lawful permanent residence (“LPR”) if they pay their taxes and pass background checks LPR status would also be available to the following immigrants:

• Immigrants who entered the US as children
• Immigrants who had or were eligible for temporary protected status (“TPS”) or deferred enforcement departure (“DED”) as of January 1, 2017
• Agricultural workers who worked 2,300 hours or 400 days during the past 5 years
• Permanent partners of US citizens or LPRs

LPRs would be eligible for citizenship in 3 years instead of the regular 5.

Provisions for Particular Undocumented Immigrants

Immigrants who entered the US as children, including those who are recipients of the Deferred Action for Childhood Arrivals (“DACA”) program, would be eligible for LPR status if they satisfy the following criteria:

• Were less than 18 years when they originally entered the US
• Have a high school diploma or GED
• Registered for selective service (if male and 18+)

And have one of the following:

• 2 or more years post-secondary schooling, or
• 2 or more years military service (discharged honorably), or
• Earned income for at least 3 years

Special Immigrant Visa (“SIV”) status – The SIV is reserved for those who have provided “faithful service” to the US government and would be extended to the following types of persons:

• Syrians – Up to 5,000 SIVs would be available to certain Syrian nationals who worked for the US government for at least one year beginning on January 1, 2014.
• Surviving spouses and children of US government employees aboard – who worked for 15 or more years or died in the line of duty.

Will the Immigration Reforms Become Law?

The last time there were immigration reforms as extensive as the ones proposed by the Biden Administration was over 30 years ago. The President’s bill has been passed by the US House of Representatives but is expected to get held up – possibly forever – in the US Senate. There are bits and pieces of the laws that may have a better chance to pass if they’re separated from the original bill. However, it’s quite likely there will be relief granted to certain undocumented immigrants. The biggest issue seems to be when it will happen Immigration advocacy groups are pressing politicians to find creative ways to provide relief to the millions of undocumented immigrants whose lives currently hang in the balance.

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Having the right immigration lawyer by your side is the first step towards creating a foundation to your future The immigration laws are complex and constantly changing, hopefully with a full immigration reform. Therefore, having a lawyer that is well-versed, skilled, and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today At Best Immigration Lawyers, our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas Create a better future, call us today at 702-707-2000

Just this past month, migrants from Venezuela get temporary protected statue from the Biden Administration. March 2021, President Biden made good on his campaign promise and granted temporary protected status (TPS) to the more than 300,000 Venezuelans currently living in the United States. Venezuela has been in political and economic turmoil since current president Nicolas Maduro took over in 2013. The government in Venezuela is regarded as corrupt and crime and poverty are rampant. People have been fleeing the country in huge numbers. In fact, about 5 million of the country’s 28 million people have already left and the situation doesn’t look to get better any time soon.

Persons in the United States from Venezuela who are eligible for TPS have until September 5, 2021 to register for relief with the government. Applicants must show they have been physically present in the United States since March 9, 2021. TPS will be good through September 9, 2022.

What Is Temporary Protected Status?

Temporary protected status is an immigration status granted to migrants giving them temporary legal immigrant status. TPS offers safety in the US for those that have fled deplorable conditions in their own countries.

The Department of Homeland Security (DHS) has the authority to designate countries eligible for TPS. Countries can be designated for TPS if they are experiencing an armed conflict, have had some kind of environmental disaster, or are undergoing other very dangerous though temporary conditions that make the safe return of nationals unlikely.

The US has currently granted TPS to persons from 12 countries:

• Burma (Myanmar)
• El Salvador
• Haiti
• Honduras
• Nepal
• Nicaragua
• Somalia
• South Sudan
• Sudan
• Syria
• Venezuela
• Yemen

What Rights Do You Have With Temporary Protected Status?

If you register for and are granted TPS, you receive documentation that you are legally in the US and cannot be deported during the TPS period. You can receive work authorization. And you may also be eligible to travel in and out of the US.

How Long Does Temporary Protected Status Last?

TPS designations can be for 6, 12, or 18 months and can be extended indefinitely. The decision to extend or terminate a TPS designation must be published in the Federal Registrar at least 60 days before the expiration of the TPS. If the decision is not published in a timely manner, the designation is automatically extended for 6 months.

Once TPS has ended, nationals return to their original immigration status unless they have acquired a different status. Nationals that are undocumented will be subject to deportation.

Can Temporary Protected Status Lead to Permanent Residency?

TPS is not intended to be a way to gain another legal immigrant status in the US. The reason is that many nationals who achieve TPS were not legally in the US to begin with. Federal circuit courts that had decided the issue were split on whether TPS recipients who were not documented could be eligible to become permanent residents.

The US Supreme Court recently decided the issue determining that undocumented TPS recipients must leave the US and then re-enter by going through proper channels if they want to become licensed permanent residents (LPR).

Is “Deferred Enforced Departure” The Same as Temporary Protected Status?

Like TPS, deferred enforced departure (“DED”) also protects foreign nationals from being deported and can provide the right to work in the US. However, the power to issue a deferred enforced departure designation is an executive function of the President and is not based on immigration law.

There are currently 2 countries covered under DED:

• Liberia \u2013 effective October 1, 2007, by George W. Bush \u2013 extended through June 30, 2022
• Venezuela \u2013 effective January 20, 2021, by Donald J. Trump \u2013 expires July 20, 2022

How to Get Temporary Protected Status

In order to obtain TPS, a person must meet specific eligibility requirements. These include the following:

• Be a national (or habitual resident) of a TPS designated country
• Register during the appropriate registration period
• Have a continuous physical presence in the US since the most recent effective date of the TPS designation
• Have been continuously residing in the US since the date specified for your country
• Not have engaged in certain criminal activities or other prohibited conduct

If eligibility requirements are met the TPS applicant files form I-821 along with all supporting documentation and the appropriate fee. United States Citizenship and Immigration Services (“USCIS”) reviews the application, may schedule an interview, and will then render their decision to grant or deny TPS.

Temporary Protected Status Is Only Temporary

It’s important to understand that TPS is a humanitarian offering by the US to help undocumented people from other parts of the world that are unable to be safe in their own countries until such time as they may safely return. Thus, TPS provides only temporary relief for immigrants who might otherwise be required to leave the US. When the Department of Homeland Security determines that there is no longer the need for TPS, a TPS recipient will lose protected status and be subject to other applicable immigration laws which may include deportation.

Contact Us Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled, and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. At Best Immigration Lawyers, our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas. Create a better future, call us today at 702-707-2000.

On September 4, 2020, in a case styled Gomez v. Trump, the United States District Court for the District of Columbia granted a legal challenge to the Trump Administration\u2019s decision to deny visas to persons who won the right to apply for lawful permanent resident status in the United States through the diversity visa lottery program. In the ruling, the court directed the Trump Administration to immediately process the visa applications of all persons that were selected under the lottery program in 2020. The decision marks a significant victory for winners that were previously notified by the Trump Administration that their applications for a green card would be denied.

What Is the Visa Lottery?

The diversity immigrant visa program, also commonly referred to as the “green card lottery,” is a government program that randomly selects applicants (winners) who apply through a lottery program for the right to permanently live and work in the United States. The program is administered through the United States Department of State and was established through the Immigration Act of 1990.

The purpose of the program is to encourage persons from countries with low levels of immigration to the United States to apply for permanent lawful residence. The program is limited to persons from countries and/or territories that have sent less than 50,000 immigrants to the United States in the past 5 years. Thus, persons from countries such as Canada, China, India, Mexico, Nigeria, Pakistan, South Korea, the Philippines and the United Kingdom, among others, are excluded.

To be eligible to apply for a green card through the visa lottery program, a person must generally meet the following requirements: be from an eligible country, be a high school graduate (or possess two-years work experience), have no criminal record and be in good health.

The Court’s Decision

The federal judge that made the ruling in Gomez v. Trump, Judge Amit P. Mehta, determined that the federal government violated the Administrative Procedures Act by denying green card lottery winners the right to have their visas processed for permanent residence in the United States.

In rendering his decision, Judge Mehta noted: “Diversity visa lottery winners are people who have come to this nation, like millions before, to seek a better life for themselves and their families, and to pursue the American Dream. They do not deserve to be caricatured as common criminals, or to be used as a political wedge issue.” In explaining the problem presented in Gomez v. Trump, Judge Mehta explained that “there is no statutory requirement that every available diversity visa be issued each year.”

However, at the same time, “that does not mean that the State Department could effectively extinguish the diversity program for a given year by simply sitting on its hands and letting all pending diversity visa applications time out.” Doing so, noted Judge Mehta, “would plainly frustrate the congressional intent to make available 55,000 diversity immigrant visas each year.”

A Victory for Process

While the plaintiffs in Gomez v. Trump sought to have the court strike down the Trump Administration\u2019s challenged decision on Constitutional grounds, Judge Mehta resisted doing so finding instead that the President has broad authority over immigration matters and that the court was limited in its ability to second-guess Executive Branch decisions. However, Judge Mehta did find that the government is required to follow certain procedures as required by the Administrative Procedures Act and cannot simply arbitrarily and capriciously “change the rules” so to speak on a moment’s notice.

While this decision may strike some people as a victory obtained on technical grounds, it actually represents a very important legal principal. Namely, that federal agencies must follow rules and cannot simply change the rules without proper process and notice. This adherence and fidelity to “process” ensures the proper administration of government and, as a result, fairness to those affected by its rules and regulations.

Contact BestImmigrationLawyer.com Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled and experienced with immigration laws is not just important, it\u2019s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. Our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas.

With the 2020 election having just ended and with former Vice-President Joseph Biden appearing to be headed towards victory as the next President of the United States, many immigrants might be wondering what it all means for them. Given the stark political contrast between Mr. Biden and soon to be former President Donald Trump, the impact of this election upon the lives of millions of immigrants and non-immigrants alike will undoubtedly be profound.

During the past four years President Trump made a restrictive immigration policy the cornerstone of his administration. There was not a week that went by during the Trump Administration when there was not some news about an initiative or policy intended to restrict or curb immigration to the United States. President Trump’s Senior Advisor on immigration policy, Stephen Miller, proclaimed a second term for Trump would mean a much more aggressive immigration policy. With the results of the 2020 election favoring a President Biden, it appears Mr. Miller’s hopes will be dashed.

PATHWAY TO CITIZENSHIP FOR “DREAMERS”

While campaigning for the Presidency, Mr. Biden promised a major overhaul of the nation’s current immigration system. For starters, he promised a pathway to citizenship for beneficiaries (commonly referred to as “Dreamers”) of the Deferred Action for Childhood Arrivals (“DACA”) program. According to Mr. Biden, this is one of the first things he will change upon becoming President.

As many people know, Dreamers have limited protections and are simply benefiting from a policy issued by former President Barack Obama that stated they were a low-level priority for deportation and would in fact not be deported if they filed an application with the government. Relying upon this policy, many Dreamers filed DACA petitions but were horrified to learn that the federal government intended to reverse policy under President Trump.

The matter ended up in the United States Supreme Court which put President Trump’s plans on hold, albeit only temporarily. However, with a Biden Presidency, Dreamers can take significant comfort in knowing that he has promised a “fix” to allow persons who came to this country as undocumented children to seek a pathway to citizenship. If this promise is fulfilled, it will mark a major and profound change from the policy of President Trump.

INCREASE IN REFUGEES PERMITTED TO ENTER THE UNITED STATES

The Trump Administration significantly curtailed the number of refugees permitted to enter the United States. He did this by aggressively restricting the number of asylum applications that could be filed and pushing for the denial of most applications that were in fact filed. All of this will change under a President Biden who has promised to raise the cap on the number of refugees that may enter the United States by increasing the number to 125,000 persons. While the standards for what it takes to file an asylum application will not likely change, the government’s attitude towards those applications will change, and dramatically so.

A NEW DAY FOR IMMIGRATION POLICY

The biggest change that President Biden will bring to the federal government is simply the attitude the government has towards immigrants. Instead of viewing immigrants with hostility, President Biden will, consistent with his campaign positions, look upon immigrants and non-immigrants as vital to our nation’s future.

A Biden Presidency means people can come out of the shadows and not live in fear as they did during the past four years. Does this mean deportations will end? Of course not. The Biden Presidency will continue immigration enforcement. However, it’s prioritization of the types of persons that should be subject to deportation in the first instance will likely change dramatically compared to the Trump administration’s policies.

This is a new day for immigrants and non-immigrants alike. President Biden represents a much welcomed and new chapter in this country’s continual struggle to balance the need for sensible immigration enforcement with a system that treats people fairly and with dignity.

If you or a loved one is dealing with immigration issues, call us (702) 707-2000 and get the help you need. If you’re a DACA beneficiary, definitely call us because there are big changes coming that can transform your life! At BestImmigrationLawyer.com we have the skills, experience and knowledge of immigration law to help you.

Contact BestImmigrationLawyer.com Today

Having the right immigration lawyer by your side is the first step towards creating a foundation to your future. The immigration laws are complex and constantly changing. Therefore, having a lawyer that is well-versed, skilled, and experienced with immigration laws is not just important, it’s crucial. If you want a better future and the peace of mind in knowing you or a loved one will receive excellent representation, contact us today. Our lawyers are licensed to appear in every immigration court in the country and can represent you anywhere in the United States or overseas.