Posts

immigration attorney in queens

Republican and Democrats sponsor the Afghan Adjustment Act

/in

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 Bronx

USCIS Extends COVID-19-related Flexibilities.

/in

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?

/in

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

/in

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

/in

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

/in

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

/in

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/

immigration attorney consultation

DHS Announces Extension of Temporary Protected Status for Venezuela

/in

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.

 

 

family immigration lawyer

Abortion worries heightened for Unauthorized Immigrants.

/in

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. 

best immigration lawyer in jamaica queens

How Can You Help Your Relative Become a U.S. Permanent Resident?

/in

If you have a relative who is a U.S. permanent resident and you want to sponsor them for U.S. citizenship, there are several steps you need to take. Read on and know all there to know about the U.S. permanent residency citizenship for the relative you wish to sponsor.

What are the Steps?

 

First, your relative must be eligible for citizenship through the family member sponsorship program. This means that they must not have any criminal history or other issues. They also must demonstrate that the person can financially support themselves and their dependents without assistance from the government or other sources of income, such as welfare programs or public assistance (including Medicaid).

Next, you must complete an I-130 form with the USCIS (U.S. Citizenship and Immigration Services) office closest to where your relative lives or where they currently reside if it is within 100 miles of that office; this form will request information about both yourself and your relative so that USCIS officials can determine whether or not they are eligible for citizenship through family sponsorship. Upon approval of this form, they will receive an Employment Authorization Document (EAD) card, which will allow them to legally work in the United States while waiting for the processing of their green card applications; this process typically takes between six months to two years depending on how quickly USCIS processes all applications it receives.

Can a Family Member Sponsor a Relative to Live in the USA?

 

If a relative would like to become a U.S. permanent resident, they will need to have a family member sponsor them. The person (if it is you) who sponsors their permanent residency application must meet the requirements set out by the U.S. government, which include:

  1. They must be related to you by blood, marriage, or adoption
  2. They must be over 18 years old and financially capable of supporting themselves and their family member.
  3. They must be present in the United States.
  4. They must have lived with you for at least two years before filing the petition for permanent residency on your behalf.
  5. They must be able to provide proof of financial support during this time period.

If you have a family member living in the U.S., you can sponsor them for permanent residency. This means they will be able to live and work anywhere in the U.S., as well as travel outside of the country.

To sponsor your relative, you must meet certain requirements:

  • You must be at least 18 years old and a U.S. citizen or permanent resident.
  • You and your relative must be related by blood or marriage.
  • Your relative cannot have any criminal convictions or pending criminal charges.
  • Your relative must have lived in the U.S. for at least five years before applying for citizenship.
  • Once you’ve met these requirements, you can begin the process of sponsoring your family member through USCIS (the United States Citizenship and Immigration Services).

Upon meeting all these requirements, if you are a U.S. citizen or green cardholder, you can sponsor your relative to become a permanent resident.

What Should You Submit?

 

  • You will need to fill out Form I-130, Petition for Alien Relative, and submit it to the U.S. Citizenship and Immigration Services (USCIS).
  • You will also need to provide supporting documents, such as proof of your relationship with the person you are sponsoring and evidence that they have been living in the United States with you for at least two years.
  • Once USCIS approves your petition, they will send it to the National Visa Center (NVC).
  • NVC will then forward your petition to the U.S. embassy or consulate in the country where your relative currently lives so that they can schedule an interview appointment with an immigration officer.
  • The officer will review their application and decide whether or not they should be allowed into the United States as a permanent resident based on their qualifications for entry into the country (such as their age, education level, etc.).

When you sponsor a relative, you promise to provide financial support for them during their first year in the U.S. This can be done through taxes, health insurance, and other means of providing financial support as required by law.

You also need to prove that any other family member who is currently living in the United States is capable of supporting themselves financially during this time period as well as being able to care for themselves once it has passed; this includes children under 21 years old (or up to age 23 if they are enrolled full time in high school). If no other family members can provide financial support, they will not be eligible for sponsorship under these guidelines until they reach adulthood (18 years old).

Conclusion

 

If you have a relative eligible for a family-sponsored green card, you can sponsor them for U.S. permanent residency. You must be at least 18 years old, a U.S. citizen or legal permanent resident, and have lived in the United States for at least three years before filing Form I-130F with USCIS. By satisfying all the crucial guidelines, you will be able to get permanent residency for your relative and help sponsor the person. That is the key point, and hopefully, it will help your relative get the citizenship they deserve.

If you want to get permanent residency for your relative, the assistance of a qualified immigration attorney might be very useful. They can figure out what you and your relative need and easily arrange all the documentation.