Posted on December 17, 2020 in Immigration

The US State Department published reports on the human rights violations carried out by Cameroonian government officials. These violations include torture and the ongoing persecution of women and people identifying within the LGBTQ community. Cameroon is currently in a civil war and presents a harrowing reality for those forced to return. These events and the continual unrest have led many to flee to the US and other countries to seek asylum.

Documenting the alleged abuse

Unfortunately, a report from the Southern Poverty Law Center (SLPC) in conjunction with Freedom for Immigrants documented the claims of abuse and coercion endured by those detained while attempting to seek asylum. The alleged abuse occurred at the hands of corrections officers and ICE officers at various detainment facilities. The asylum seekers from Cameroon were forced to sign documents under duress and threatened with abuse and lengthy detainment while housed amongst federal prisoners.

Asylum seekers deserve protection under the law

The people included in the report were seeking asylum and face dangerous repercussions if sent to Cameroon. One of the refugees reported a physical attack after being refused an attorney. Detainees also reported being forcibly stripped and enduring multiple threats with many witnesses present. Between 2010 and 2019, around three-quarters of asylum seekers from Cameroon were granted asylum.

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 Posted on December 09, 2020 in Immigration

USCIS announced the extension of TPS (Temporary Protected Status) for certain nationals of El Salvador, Honduras, Nicaragua, Nepal, Haiti, and Sudan. The much awaited news bring a sense of relief to more than 400,000 immigrants.

If you have TPS, this means that you can continue to legally live and work in the United States at least until October 4, 2021. Your employment authorization document under TPS should also be automatically extended until that date.

If you have questions about TPS or want to discuss your immigration case, feel free to give us a call for a consultation.

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 Posted on December 09, 2020 in Immigration

Finally! DACA is restored to its original form. What does this mean for you?

• If you are eligible, but have never received DACA, you can apply for the first time
• Advance Parole (travel permits) are an option for DACA recipients
• Any DACA recipient who received a 1-year renewal of their benefit should automatically have their protections extended to two years

This week, after a U.S. District Court in Brooklyn ordered USCIS to restore the DACA program, the agency finally published guidelines allowing new applications to be submitted. This is a monumental change for DACA-eligible immigrants, and means that new applications will be accepted by USCIS for the first time in more than 3 years.

Those who meet the following requirements may apply for DACA for the first time:

• Are under 31 years of age as of June 15, 2012
• Came to the United States before their 16th birthday
• Have continuously resided in the United States from June 15, 2007 until now

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 Posted on December 09, 2020 in Immigration

If you have DACA, it is very likely that you can apply for Advance Parole.

What is Advance Parole?

It is a process available to some immigrants (such as those with DACA, TPS, and pending adjustment applications) which allows them to travel outside of the United States and come back without putting at risk their immigration benefit. In addition, it allows immigrants to have a lawful entry, which can be very helpful to Adjust their Status and become green card holders.

Who can apply?

If you already have DACA, you must show you have a need to travel for humanitarian, education, or employment purposes.

• Humanitarian: for example, to obtain medical treatment, see an elderly or sick family member, or attend a funeral.
• Educational: for example, to study abroad or participate in academic research.
• Employment: for example, to complete an assignment, or attend a conference or training.

Remember that Advance Parole is still discretionary! This means that USCIS can still deny your request even if you meet the eligibility requirements. If you have ever had a criminal record, prior orders of deportation, or case in immigration court, you should contact an reputable attorney to discuss your case and minimize risks.Are you ready to pack your bags? Contact our office today for a consultation!

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 Posted on September 10, 2020 in Immigration

The Trump administration has taken a harder stance on immigration in many ways. One those is in the number of H1-B visas it’s denying. A new analysis from the National Foundation for American policy found that more highly skilled foreign-born workers have been denied H1-Bs than ever before in recent years. The analysis focused on how the administration denied new applicants H1-B visas, not employees seeking an H1-B extension.

How denials are impacting employers

In the analysis, 20 of the top 25 U.S. employers report H1-B denial rates that are 10% higher for new applicants in 2020 than in 2015. Also, information technology companies reported more H1-B denials than companies in other industries. In fact, 10 IT companies had visa denial rates 20% higher in 2020 than in 2015.

Some of the IT companies that had highest rates of new applicant H1-B visa denials were the following:

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 Posted on August 27, 2020 in Firm News

All approvals are special at our office, but some of them are held very close to our hearts. This is the case for a child we represented in his Special Immigrant Juvenile Status request. This is a special immigration benefit available to children under 21 years of age and for whom a court finds that it is not in their best interest to be reunited with one or both parents due to having suffered abuse, negligence, or abandonment by their parents.

In partnership with Human Rights Initiative, a nonprofit in Dallas, we worked tirelessly to secure the approval of our client’s case. The child, a native of Belize, entered the United States with his mother in 2014. They were undocumented after their visa stay expired, but he continued to attend school and adapt to this country. Going to school in a new environment was not an easy task, but the 14 year old took advantage of every opportunity to advance his studies. In 2017, we came into the picture. HRI assigned the case to us and we held this family’s hand throughout their whole immigration process. After dedicating long hours to the case and relentlessly fighting for our client for three years, his green card was approved this month. The success of this case would not be possible without our dedicated staff and the team at HRI, who were able to identify key legal issues and relief options for our client. Congrats!

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 Posted on August 26, 2020 in Immigration

USCIS recently announced they cancelled the plans to furlough about three-quarters of the agency’s workforce at the end of this month. The agency announced they have sufficient funds to continue normal operations until at least the end of the fiscal year, which ends in September.

By cancelling the plans, USCIS avoids what has been described as the standstill of the immigration system as we know it. This would have put a stop to immigration processes at a time that many are rushing to submit their applications before the new prices go into effect on October 2 of this year.

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 Posted on August 26, 2020 in Immigration

USCIS has finally announced the implementation of the new DACA guidelines. Effective immediately, USCIS will:

• Reject all initial DACA applications when the requestor has never been granted DACA in the past,
• DACA renewal requests will continue to be accepted and processed, but only issued for one year at a time (insead of two),
• DACA renewal requests must be submitted within 150 days of the benefit’s expiration date; applications will be rejected if filed more than 150 days prior to the expiration,
• Advance parole (travel permit) applications will be accepted, but will only be granted for "urgent humanitarian reasons or significant public benefit."

DACA-eligible individuals should remember that challenges to the USCIS’ lack of implementation of the Supreme Court’s decision are still working their way through the courts. If USCIS decides to follow the ruling of the court, the original DACA guidelines (which granted DACA for two years at a time and had a more expansive approach to travel permits), should be in place again.

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 Posted on August 19, 2020 in Immigration

Medical exams by an authorized physician are a key part of any application for an immigrant visa or green card. This is done to evaluate the applicant’s health-related inadmissibility grounds. During the medical exam, the doctor will make sure you have all the required vaccines and perform a physical exam. He or she will also review your test results and complete the required forms for the government. While many common ailments are not an issue for obtaining a green card, having a highly communicable disease or being a drug addict may pose a problem, for instance:

• Tuberculosis (active)
• Syphilis (infectious stage)
• Chancroid
• Gonorrhea
• Granuloma Inguinale
• Lymphogranuloma Venereum
• Hansen’s Disease (Leprosy, infectious)

You may also be denied your benefit if you do not have the required vaccines or if you have a mental disorder that may cause you to be harmful to yourself or others. This is why it’s important to bring your immunization record with you to your medical appointment. If you don’t have of the required vaccines, a medical professional can administer them unless it’s not medically needed.

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 Posted on August 18, 2020 in Immigration

A proposed rule by the federal government would deny asylum to foreign nationals if they come from, or recently passed through, certain countries. Immigration officials say the rule would protect national security by slowing the spread of communicable diseases like COVID-19. But the American Medical Association is criticizing the proposal, calling it a form of discrimination against asylum seekers.

‘Legalize discrimination’

In a statement on the subject, the AMA quotes a letter that the group’s executive vice president and CEO, Dr. James L. Madara, wrote to federal officials. "The AMA is concerned that the proposed rule would legitimize discrimination against vulnerable asylum seekers," Dr. Madara wrote. He also said the rule would base the determination of whether an asylum seeker is eligible on border agents who are "uninformed" about medical matters, and overall make it much more difficult for people seeking a stay of removal based on a credible fear of torture or persecution in their country of origin.

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