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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.”

Immigration Attorney Brooklyn

BASIC OVERVIEW OF WHAT THE U.S. IMMIGRATION LAW DEALS WITH

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Immigration Law in the United States is a wide arena to deal with as it encompasses various situations a person might have to encounter relating to traveling from a different country.

 

The most common scenarios and streams of Immigration Law are :

 

  • Visiting the country: Visitors of the United States often come due to the purposes of tourism or meeting loved ones or with medical needs or for social meetings or events.

They go through a process of proving their eligibility for the required visas and go through the application process. For this category, the visitors require a B-2 visitor visa.

For Business purposes, the visitors are required to apply for a B-1 business visa.

 

 

  • Employment in the U.S.: For obtaining access to employment in the United States, it is important for the employee to gain the status of a permanent resident to be able to cater to any job opportunity in any part of the country. But in cases of not qualifying for permanent resident status, they are to apply for a temporary work visa.

 

 

  • Green Card Acquirement: The Permanent Resident Card i.e. the Green Card is given to immigrants or parolees but it has some of the most important criteria to abide by in order to obtain permanent citizenship through this card.

 

It is provided mainly to highly skilled employees and employers, immediate relatives of the citizens of the U.S.A., eligible refugees and seekers of asylum, long time residents. A limited number of Green Card visas are issued and as the process is a tedious and complex one thereby only selected immigrants are eligible for it.

 

  • Naturalization: The process of Naturalization i.e. becoming a naturalized citizen is an extensive procedure with heaps of paperwork, background confirmation, interview, and testing, ending with the mandatory oath of allegiance. Naturalization comes with similar benefits as that of a natural-born citizen of the U.S. thereby this process is a popular one.

 

  • Process of Border entry: The cross-border entry rules might be a cumbersome process but the correct consultancy and the right procedure make the experience painless. The process is incorporated with the subsection of ” Border Entry Rules ” which includes all the border crossing formalities with additional border entry information. The overview mainly is applicable on
  • Lawful Permanent Citizens who are Green Card Holders.
  • Citizens from foreign countries
  • Citizens of Canada and Mexico
  • Trust Traveler programs

 

Visit www.gehilaw.com for more details

For Free Consultation call (718) 263-5999

 

 

 

Immigration Attorney Bronx

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.

Immigration Attorney Long Island

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. 

immigration attorney in queens

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! 

 

Immigration Lawyer NYC

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.

Immigration Lawyer Queens

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.

 

 

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Abortion worries heightened for Unauthorized Immigrants.

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Owing to the overturning of the Roe v. Wade 1973 decision by the Supreme court, women in the USA have been in a state of concern ever since. But women with uncertain immigration status are in a worse state for the additional hindrances.

 

Lupe Rodriguez, executive director of the New York-based advocacy organization the National Latina Institute for Reproductive Justice stated ” But women without legal immigration status are more likely to face difficulties crossing state lines to access abortions if the procedure is banned where they live ” 

 

It has been revealed anonymously by four U.S. officials that the Biden administrative officials are trying to navigate ways to provide abortion access for expecting women and girls in the U.S. immigration custody in banned states. 

 

“Time is really of the essence when someone needs access to abortion,” said Brigitte Amiri, deputy director at the American Civil Liberties Union’s reproductive freedom project.

 

In anonymity, a 27-year-old woman from Honduras, living in Texas, divulged that she lost her student visa after dropping out of college due to the stress of an abortion she had undergone in 2015. Now that she does not possess any legal status in the country she is scared to be in a state of unknown peril if found herself with an unwanted pregnancy again. “In the position I am now, not having my papers, why would I risk myself?” she said.

 

This establishes the extreme plight of the unauthorized immigrant women stemming from the overturning of the most binding judgment that had been safeguarding the abortion rights of women since 1973.