On November 15, 2022, a federal judge in Washington, D.C. issued a ruling that will put an end to a policy that has been used by immigration officials over the past few years to expel immigrants without going through the typical deportation procedures. This policy, which is known as Title 42, was put in place by the Donald Trump administration, and its stated purpose was to protect public health and safety during the COVID-19 pandemic. However, it has continued to be used by immigration officials even as the dangers of COVID-19 have receded. Following this change, people who enter the United States may be able to avoid expedited expulsions, and they will be more likely to obtain humanitarian relief through asylum or other means.

Why Is Title 42 Ending?

The Trump administration's stated reasons for implementing the Title 42 policy were to prevent the spread of COVID-19 infections by migrants entering the U.S. The Centers for Disease Control and Prevention (CDC) put this rule in place, stating that quickly expelling immigrants from the country was necessary to protect public safety. However, many human rights advocates believe that the policy was actually a pretext to prevent immigrants from remaining in the United States. 

Title 42 has been used to force immigrants who crossed the border to return to Mexico or other countries, and many people have not been able to apply for asylum or raise other defenses against deportation. This policy has led to massive numbers of expulsions, with nearly 2.4 million people being expelled in the fiscal year 2022 alone. However, because many people are simply released on the other side of the border, they have attempted to re-enter the United States, causing them to be expelled multiple times. This has led to significant safety issues affecting the thousands of migrants who have been expelled, and human rights groups have identified more than 10,000 instances of violence committed against people in these groups.

The Violence Against Women Act (VAWA) allows certain immigrant victims of domestic violence to apply for a Green Card without the need to be sponsored by a U.S. citizen or lawful permanent resident. This can ensure that abuse victims will be able to leave dangerous situations, receive protection from law enforcement, and avoid being uprooted from their communities and deported from the United States. However, it is important to understand the criteria that a person will need to meet to be eligible to self-petition for a Green Card under VAWA.

Am I Eligible for a Green Card Through VAWA?

You may be eligible to self-petition under VAWA if: 

• You are married to or were married to a U.S. citizen or permanent resident, and your spouse abused you; OR

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Refugees are people who have been forced to leave their home countries due to conflict or persecution. Every year, millions of people around the world are forced to flee their homes in search of safety. Many refugees end up in overcrowded and dangerous refugee camps, where they face starvation, disease, and violence. Others embark on treacherous journeys in an attempt to reach safety, often risking their lives in the process. 

For those who do manage to reach the United States, the challenges do not end there. The process of applying to enter the U.S. as a refugee can be long and complicated, and many refugees are uncertain of whether they will be able to stay in the country or be forced to return to their home countries. Reuniting with family members can also be difficult, as refugee family members are often spread out all over the world. Refugees and other immigrants who are seeking humanitarian relief will often need legal help as they navigate complex immigration laws and procedures, and a skilled and experienced attorney can provide invaluable assistance.

Problems Currently Affecting Refugees

Due to ongoing changes in immigration policies, many refugees are struggling to obtain the relief they need. During his time in office, President Donald Trump took steps to drastically limit the number of refugees and other immigrants who could enter the United States. He lowered the limit for the number of refugees that would be accepted per year to 15,000, which is the lowest it has ever been. The Trump administration also implemented Title 42, a rule that allowed immigrants to be expelled from the United States without going through the standard procedures, which was ostensibly put in place to protect public health.

Immigrants who come to the United States often have the goal of obtaining a green card, which grants them legal permanent residency. The adjustment of status process allows a person to apply for permanent residency without having to leave the country. To be eligible for adjustment of status, immigrants must meet certain requirements, such as having a valid visa, being physically present in the United States, and having a qualifying immigrant petition. By understanding when adjustment of status may be available, immigrants can make sure they take the correct steps to become lawful permanent residents.

Eligibility for Adjustment of Status

A person can apply for adjustment of status if a visa is immediately available to them and they are eligible for a green card. There are multiple green card eligibility categories, including:

• Family members - Immediate family members of U.S. citizens may receive immediate relative visas, which are usually available with no waiting periods. Other family members of U.S. citizens and immediate relatives of green card holders may be eligible for family preference visas, but waiting periods will generally apply, and a limited number of visas are issued each year.

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Every year, thousands of immigrants come to the United States because they fear that they will suffer harm if they remain in another country. In these situations, immigrants may be able to request asylum by demonstrating that they have a credible fear that they or their family members will experience persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. While the process of seeking asylum can be daunting, it is important to know that there are two different types of asylum seekers in the United States: those who apply for asylum affirmatively, and those who apply for asylum defensively.

What Is Affirmative Asylum?

An individual may actively seek asylum by going through the proper channels at a port of entry or U.S. Citizenship and Immigration Services (USCIS) office. A person can apply for asylum within one year after entering the United States. Applying for affirmative asylum is generally considered the best option, as it gives applicants the chance to explain their situation to an asylum officer, and it provides more flexibility in terms of timing and eligibility requirements.

In order to be eligible for affirmative asylum, applicants must meet the following criteria: