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Republican and Democrats sponsor the Afghan Adjustment Act

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From a humane perspective, dealing with uncertainty in terms of legal residency and future is believably the most traumatizing thing to happen. And that is precisely what the Afghan refugees on humanitarian parole had been subjected to for almost a year after
the Talibans wreaked havoc in Afghanistan.

But on Tuesday, U.S. Senators Amy Klobuchar (D-MN), Lindsey Graham (R-SC), Chris Coons (D-DE), Roy Blunt (R-MO), Richard Blumenthal (D-CT), and Lisa Murkowski (R-AK) has introduced the Afghan Adjustment Act which opens a door for the newly arrived Afghans with temporary status in the U.S. It allows them to undergo additional vetting to apply for legal residency, and end a period of the tormenting uncertainty concerning their citizenship status.

It is expected that it will enhance the Special Immigrant Visa (SIV) procedure, broadening the SIV eligibility by including groups that worked with the American forces such as the Afghan National Army Special Operations Command and the Female Tactical Teams of Afghanistan, the Afghan National Army Special Operations Command, the Afghan Air Force, and the Special Mission Wing of Afghanistan. With an establishment of a task force to implement a plan to support the Afghans residing outside the States but has the eligibility for the SIV status and requires the State Department to respond to congressional inquiries about SIV applications. The task force will be led by the US Secretary of State, the Secretary of Defence, the Secretary of Homeland Security, the director of national intelligence, and the FBI as reported by the Hill State.

What particularly raises hope in this regard is that three minority Republicans, including Senator Lindsey Graham, have joined hands with three majority Democrats in introducing an identical version of the Afghanistan Adjustment Act in the thinly divided Senate, therefore, elevating its chances of passage in Congress and garnering 60 votes in the Senate.

Murkowski said “This month, we mark the one-year anniversary of the U.S. military withdrawal from Afghanistan, and the end of America’s longest war at nearly 20 years. During the withdrawal, and the weeks that followed, I worked diligently with my staff, and alongside our military and our federal agency partners, to urgently evacuate American citizens, vulnerable Afghans, and our Afghan allies; brave individuals who risked their lives supporting our troops and mission in Afghanistan. More than 76,000 Afghan evacuees were brought to the United States, and many of them were given humanitarian parole – a temporary immigration status typically granted for one to two-year periods. Alaska has welcomed over 100 Afghan evacuees who are now settling in as valuable members of our communities across the state,”.

“I never supported indefinite American troops’ presence in Afghanistan, but I shared the concerns about the lasting negative impact that complete withdrawal would have. Those concerns have become reality as the Taliban wreaks havoc on Afghanistan, condemning millions to live under oppression, and sentencing our allies who were unable to evacuate to death. It is unlikely that Afghans brought to the United States on temporary status will be able to return to their homes in the near, mid, or even long-term future. At the same time, there are allies and vulnerable Afghans who are desperately trying to leave their crumbling nation, and who live under great risk. The United States must ensure that we keep our promises to our Afghan allies, and provide certainty for those who fled to the United States and have no place to return. I am proud to join my Senate colleagues in legislation to give innocent Afghans hope for a safer, brighter future.”

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Green Card Eligibility based on Special Immigrant Juvenile Classification

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The Special Immigrant Juvenile (SIJ) classification provides special children who have been subjected to state juvenile court proceedings in connection with abuse, neglect, abandonment, or a similar basis under state law to seek lawful permanent residence in the United States. USCIS determines if a juvenile is eligible for SIJ classification by adjudicating a Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. The USCIS Policy Manual, Volume 6, Part J – Special Immigrant Juveniles bears more useful information for this procedure.

 

For the eligibility of adjustment of the status, one must file an application for the registration of Permanent Residence or Adjustment of status through Form I-485 and it is important to be physically present during the filing for it. After the Inspection and Admission by the USCIS gaining approval of the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, the petitioner will be regarded as an SIJ.

There is no certain age limit to abide by in order to apply for a Green card as an SIJ.

If a situation so arises that one had filed their Form I-360 at an age lower than 21, their SJI-based Form I-485 will not be denied if their age by then is older than 21. One must be unmarried during the filing of the adjustment application and during the final adjudication of the form.

 

The only time when the adjustment of the status can be barred if there is any history of any act of violation. For the Green Card, one must be admissible to the nation; as a Special Immigrant Juvenile, one is exempted from the grounds of Inadmissibility as mentioned in INA 212(a).  In cases of Inadmissibility, a waiver will be provided by the law or some other form of relief to subjugate the inadmissibility. One can apply for a waiver of inadmissibility or other forms of relief through a Form I-601, Application for Waiver of Grounds of Inadmissibility, and Form I-212, Application for Permission to Reapply for Admission into the United States after Deportation or Removal.

 

Immigrant visas for Special Immigrant Juveniles stem from the visa category of EB-4 for special immigrants.

The requisite documents are :

  • Form I-485, Application to Register Permanent Residence or Adjust Status;
  • Copy of the Form I-797, Approval or Receipt Notice, for the Form I-360 SIJ petition (unless the filing of the Form I-360 is done together with the Form I-485);
  • Two passport-style photographs;
  • Copy of a government-issued identity document with photograph (if available);
  • Copy of the birth certificate;
  • Copy of the passport page with the nonimmigrant visa (if applicable);
  • Copy of the passport page with the admission or parole stamp (if applicable);
  • Copy of the Form I-94, Arrival/Departure Record, or copy of U.S. Customs and Border Protection (CBP) admission or parole stamp on the travel document (if applicable);
  • Certified police and court records of any juvenile delinquency findings, criminal charges, arrests, or convictions (if applicable);
  • Form I-601, Application for Waiver of Grounds of Inadmissibility (if applicable);
  • Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal (if applicable); and
  • Documentation of past or present J-1 or J-2 nonimmigrant status (if applicable), including proof of compliance with or waiver of the 2-year foreign residence requirement under INA 212(e) (for more information, see Form I-612, Application for Waiver of the Foreign Residence Requirement).

 

For family members, one may file a petition for the qualifying family members through the process of Immigration based on Family after the person is granted the Green card.

If one is granted a Green Card based on their SIJ classification and it is naturalized in the future, they can apply for their natural or prior adoptive parents to get a Green Card. This is applicable even for a caring, custodial parent.

 

Generally, if one has a pending Form I-485 and they leave the United States without an advance parole document, their application will be abandoned. In case of a pending Form I-485, one may apply for employment authorization by filing a Form I-765, Application for Employment Authorization.

 

 

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ASYLUM BASED ON SEXUAL ORIENTATION AND GENDER IDENTITY

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Social groups have been regarded as one of the most important grounds for granting asylum, especially when they are based on unchangeable and immutable factors. Therefore several categories come under the definition of Social groups. 

With reference to some of the early decisions in Matter of Toboso-Alfonso, 20 I&N Dec. 819 (B.I.A. 1990), Pitcherskaia v. INS, 118 F.3d 641 (9th Cir. 1997), and Hernandez-Montiel v. INS, 225 F.3d 1084 (9th Cir. 2000) , the courts have recognized sexual orientation to be a social group , people who identity to be homosexual and transgender with special regard. 

Although in most of the scenarios, it has been noticed that most of the denials of asylum in the LGBTQ community stems from issues relating to inability to establish the alleged facts or from legal technicalities, but if any individual is to face persecution on account of their sexual orientation or gender identity, here are some of the documents one is required to provide during the hearing : 

 

  • Details of the incident of harm during the asylum application and testimony: Name, Date, Facts, and Reasoning for believing the occurrence to be persecution on account of being a part of the LGBT+ community.  
  • Evidence of membership in the LGBTQ+ community to be regarded as a member of the social group. 
  • Information about the native country and proof of ostracization or brutality faced there by the individual owing to their gender orientation or sexuality. ( One can go through the U.S. Department of State ” Country Reports on Human Rights ” for information to support their claim. )

All of the documents, applications, and testimonials must be plausible, comprehensive, and concordant to the facts claimed to establish one’s plea firmly to the Immigration judge or officer in question. It will increase the chances of their asylum being granted. 

 

In order to prove the LGBTQ+ identity, it is necessary to submit copies of the documents relevant to their identity and bring the originals during the hearing. Specific examples of relevant documents are : 

 

  • New birth certificates with their revised gender identity or orientation.  
  • A marriage certificate proving matrimony with someone of their preferred gender or sexual orientation. 
  • Memberships in recognized LGBTQ+ organizations. 
  • Sworn affidavits from people who confirm the gender identity or sexual orientation of the person. 

 

The questions from the judge or office arising in this aspect must be appropriate, meaningful, and relevant to the concern in hand. 

 

For more information, it is most advisable to consult with our Immigration attorneys who specialize in Asylum laws and serving the queer community. We promise to be of service to you and fulfill our duties to give you the justice you are looking for. 

 

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USCIS Extends COVID-19-related Flexibilities.

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The U.S. Citizenship and Immigration Services (USCIS) is extending some flexibilities regarding COVID-19 through October 23, 2022, to assist applicants, petitioners, and requestors. Under these flexibilities, the USCIS takes consideration of a response received within 60 calendar days after the due date ascribed in the following requests or notices before taking any action, if the request or notice was issued between March 1, 2020, and Oct. 23, 2022, inclusive:

Requests for Evidence;
– Continuations to Request Evidence (N-14);
– Notices of Intent to Deny;
– Notices of Intent to Revoke;
– Notices of Intent to Rescind;
– Notices of Intent to Terminate regional centers;
– Notices of Intent to Withdraw – Temporary Protected Status; and
Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

Additionally, the USCIS will consider a Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

The form was filed up to 90 calendar days from the issuance of a decision; USCIS laid down that decision between Nov. 1, 2021, and October 23, 2022, inclusive.
In an effort to take the lessons learned from the pandemic posture, USCIS has been evaluating which flexibilities can and should be extended permanently. As a result of this evaluation, the reproduced signature flexibility announced in March 2020, will become permanent policy on July 25, 2022.

 

For more details refer USCIS website.

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The U.S. had announced an extension of 1.5 years for certain expiring work permits. What will it mean for the immigrants?

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The government administration of the United States of America had established an extension of the expiration validity of the work permits. 

It had been decided that many of the Immigrants would have the allowance to use their expired work visas for the next 18 months i.e. a year and a half and the announcement was made on May 3rd, 2022, and had been put to effect from May 4th, 2022. 

 

The precise rules of the USCIS are that :

  • Immigrants with a 180-day extension and a work permit that is expired will gain an extension period for the authorization of Employment and the validity of their Employment Authorization Document (EAD)
  • Non-citizens still under the prior extension period of 180 days will be provided an extra sum of 360 days totaling up to 540 extended days will gain an extension for EAD validity.
  • Applicants with a valid EAD who applied for a renewal of the EAD will receive a 540-day extension period in case the renewal fails to process before the expiration of EAD.

 

For the immigrants, this is a boon, especially for the working Indian Immigrants looking for refuge in the country without any legal hindrance in their period of inhabitance and employment. Along with running their households and supporting their families sans any chances of instability. 

It will acknowledge the unprecedented immigrant applications submitted to the Legal Immigration agency of the country which will result in a lower shortage of labor and more work opportunities for the people. 

Therefore this visa program is most beneficial and alluring to the Indian and Chinese populations wishing to make their way in the United States. 

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Films to watch to learn about American Immigration

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The United States of America has historically harbored a rich history of Immigration since the old days. Inevitably, therefore, it has had various phases in the history of Immigration with spectacular stories in it or inspired by it. 

 

We agree that Gehi and Associates is a law firm specializing in Immigration and we share impeccably informative articles for you on a regular basis but even we lawyers believe we can make learning interesting for each of us once in a while! 

So here is a short list of some of the best, old films based on Immigration to paint a big screen representation of the extensive history of this nation and how Immigration has evolved over the years. 

 

  • I Remember Mama (1948) 

Based on a story close to an American’s heart, this movie is based on the tale of a family of immigrants, with dreams of a land of milk and honey instead, find a lean existence in their new country in the turn of a new century.  

 

  • Avalon (1990)

From a global perspective, this film was inspired by the director’s own background as the son of Russian-Jewish immigrants. Therefore there is a subtle picture of the culture clash between elders and the second generation; a whiff of the Holocaust, American Holiday celebrations and family unions. Sounds like quite a treat, we believe. 

 

  • Moscow On The Hudson (1984) 

Life is nothing but unforgiving in this stellar. Set in rural America, this immigrant story delineates a brutal picture of the hard lives of the people away from the big cities dealing with Immigration and migration. 

 

  • The Godfather Part II (1974)

A classic now that is, isn’t it? 

” I believe in America “, well this film in our opinion does not solely talk about the trail of establishing the business in the heart of this bustling country but how it was not money that had built his belief in this country but the very search for a home and the promise of nothing but one chance to its immigrants. 

 

  • An American Tail (1986)

” A young Russian mouse gets separated from his family during their migration trip to America. Being completely new to the country he lands in, will he be able to trace his family? “

And you thought we lawyers will exclusively stick to movies that trace the journey of Immigration of only humans? Animated movies are often not regarded with enough seriousness as much as it deserves to be. And we believe that it is the essence and not just the elements of the tales that matter to portray the message of a film. So this one is a must-watch for a better understanding but with its sweet share of innocence and entertainment. 

 

If you like this list, let us know and we will update more such lists to make learning more fun and Immigration more known to you all! 

 

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New development to improve the Afghan Special Immigrant Visa (SIV) Programme

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The Department of State and the Department of Homeland Security of the U.S. have announced a development in the SIV Program aimed to streamline the application process for Afghan applicants.

From this week onwards, the new applicants can
– File only one form, a revised form DS-157, as their petition instead of filing the Form I-360, Petition for Special Immigrant Status, with DHS’s U.S. Citizenship and Immigration Services (USCIS).

In order to make the program more efficient, it is expected that this change will eradicate the hindrances for applicants and reduce the time required for the application processing. This change does not diminish any of the robust security vetting processes required before the benefit is processed and granted.

We believe it is one of the many steps the U.S. administration has taken to ameliorate the SIV process while protecting national security. Since the beginning of the processing, resources have thoroughly surged for this noteworthy program and every stage has been statutorily reviewed to process it swiftly wherever and however possible.

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Time Frame Extended for Uniting for Ukraine Parolees to Comply with Medical Screening and Attestation After Arrival to the United States

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The U.S. Department of Homeland Security (DHS) has extended the time and the beneficiaries are paroled into the United States under Uniting for Ukraine and it is necessary to attest to their compliance with the medical screening for tuberculosis and additional vaccinations, only in cases of requirement. The beneficiaries paroled into the United States under Uniting for Ukraine must complete their medical attestation within 90 days of arrival in the United States thereby it will be put into effect immediately.

Under Uniting for Ukraine, it was required for the beneficiaries previously paroled into the United States to complete the medical screening and attestation within 14 days of arrival to the country and it is mandatory to complete in the beneficiary’s USCIS online account. It is the beneficiaries who are responsible for arranging their vaccinations and medical screening for tuberculosis, including an Interferon-Gamma Release Assay (IGRA) blood test.

It is of utmost importance for the Beneficiaries who test positive for tuberculosis to take the appropriate measures along with additional screening, such as a chest radiograph, isolation, and treatment.

And it is necessary for the beneficiaries to complete the tuberculosis screening attestation for their minor children within 90 days of arrival to the States, even though the child is below the age of 2 years old and qualifies for an exception to the tuberculosis test screening.

Uniting for Ukraine was announced on April 21, 2022, to provide a pathway for Ukrainian citizens and their immediate family members who are situated outside the United States to come to the United States and stay temporarily for a two-year period of parole. Individuals participating in Uniting for Ukraine must mandatorily have a supporter in the United States who agrees to provide them with financial support for the duration of their stay in the United States.

For more information, one can check the USCIS and DHS Uniting for Ukraine web pages.

 

 

USCIS Restores Pathway to a Green Card for TPS Holders

USCIS Restores Pathway to a Green Card for TPS Holders

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On July 1, the U.S. Citizenship and Immigration Services (USCIS) published a new policy memorandum that has eradicated hindrances for several Temporary Protected Status (TPS) recipients and restored a pathway

– For obtaining a green card
– Provides beneficiaries with a process for traveling outside of the country and returning in TPS status, if still eligible.

The new memo has abrogated the Matter of Z-R-Z-C- a policy of August 2020 adopting the decision which had targeted the recipients with Temporary Protected Status who had entered the country through the border sans inspection.

These changes will apply post-grant to TPS recipients who had traveled with advance parole between the time frame of August 20, 2020, and July 1, 2022, if their cases are applicable within the jurisdiction of the federal court of appeals for the Fifth Circuit. For the recipients having cases in other parts of the state, USCIS will make a case-by-case determination. For instance, the agency will consider factors of reliance on USCIS by the recipient before their interpretation, if they are to be harmed or aided if their previous entry is now to be considered as admission.

In conclusion, providing the TPS recipients with a pathway for a green card can reassure them after residing in the United States in a precarious and unpredictable state of being for years with the fear of danger in their home countries.

 

Reference: https://immigrationimpact.com/2022/07/11/uscis-restores-green-card-tps-holders/

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DHS Announces Extension of Temporary Protected Status for Venezuela

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Alejandro N. Mayorkas, the secretary of homeland security, has extended Venezuela’s Temporary Protected Status (TPS) for another 18 months.

Secretary of Homeland Security Alejandro N. Mayorkas stated ” As one of my first actions as Secretary, I designated Venezuela for TPS,” After careful consideration. In consultation with the Secretary of State, today I am extending that designation. This action is one of many ways the Biden administration is providing humanitarian support to Venezuelans at home and abroad, together with our regional partners. We will continue to work with our international partners to address the challenges of regional migration while ensuring our borders remain secure.”

The TPS extension for Venezuela will be put into from September 10, 2022, through March 10, 2024. Only beneficiaries under the existing designation of Venezuela and who were already inhabited in the United States till March 8, 2021, are eligible to re-register for the status under the 18-month extension. Venezuelans who arrived in the country after March 8, 2021, do not qualify for the status extension. Approximately an estimated 343,000 individuals are eligible for TPS under the existing designation of Venezuela.

It can be pretty ascertained that this action is one of many actions the Biden administration has taken up in order to provide humanitarian support to Venezuelans at home and abroad, together with the regional partners.

It’s important to note that USCIS will carry on processing Venezuelans’ open TPS applications. It is NOT necessary for applicants to resubmit Form I-821 (Application for Temporary Protected Status) or Form I-765 (Application for Employment Authorization), which are currently pending. The applicant will be granted TPS until March 10, 2024, if USCIS approves a pending Form I-821 that was submitted during the original designation of TPS for Venezuela. Similar to this, USCIS will issue a new EAD good until March 10, 2024, when it approves a pending Form I-765 connected to TPS.
The government will soon issue instructions on how to re-register under Venezuela’s TPS designation or obtain job authorization for Venezuelans who already have Form I-821 or Form I-765 approvals.
To assist all qualified Venezuelans in obtaining TPS benefits, Gehi and Associates are here. Send an email to info@gehilaw.com to set up an appointment if you’d want to talk about the TPS extension.