In a divided decision the Fifth Circuit Court of Appeals upheld the injunction stopping President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and Expanded DACA programs from being implemented. These programs, which were first introduced by the President approximately a year ago, would have granted temporary relief from removal to as many as 5 million non-citizens present in the United States without permission. This ruling upholding the injunction means that these programs permanently will not be implemented unless the Obama Administration requests that the United States Supreme Court hear the arguments in this case. As of today, the Obama Administration has not confirmed whether or not they plan to appeal this decision.
Revised Welcome Guide for New Immigrants Available from USCIS
US Citizenship and Immigration Services recently released a revised guidance book titled “Welcome to the United States: A Guide for New Immigrants.” This publication can be downloaded for free at: http://www.uscis.gov/news/alerts/uscis-updates-welcome-guide-new-immigrants.
The updated guidebook is available in 14 languages and provides information such as how to get a social security number, paying taxes, and information about health insurance, education, and the United States’ system of government.
Proposed Rule would Extend STEM Extension to 24 Months
A new rule was proposed today seeking to extend the STEM (Science, Technology, Engineering, and Math) OPT (Optional Practical Training) extension from the current limit of 17 months to a maximum of 24 months. This proposed rule would extend the period of time that international students who have graduated from US universities with their Bachelor’s, Master’s and/or Doctorate degree in a STEM field can be authorized to work in the United States following the completion of their degree. In addition, the proposed rule renders international students who earn a subsequent STEM degree at a higher education level eligible for a renewed 24 month period of work authorization; at present, the 17 month STEM OPT is a one-time grant.
This proposed rule is currently in the rule-making process and is open for notice and comment. Anyone who wishes to comment on this proposed may do so for the next 30 days. After the close of the notice and comment period a final version of the rule will be published in the Federal Register. NOTE: The lawsuit filed against the STEM OPT 2008 extension rule is currently on hold until February 2016, allowing the Department of Homeland Security to reissue the STEM OPT rule following the proper notice and comment procedures.
New Parole Program for Filipino WWII Veterans
As part of President Obama’s November 2014 executive action immigration reform, a new parole program is being implemented by the Department of Homeland Security to allow family members of Filipino WWII veterans to be paroled into the United States. This initiative will allow family members of Filipino and Filipino-American WWII veterans to enter the United States temporarily for family reunification purposes as well as to administer care and support to their aging family members. This period of parole into the United States is a discretionary, humanitarian form of immigration admission that does not confer family members with a path to residing permanently in the country.
The official date that this parole program is set to take effect has yet to be announced. However, it is estimated that approximately 6,000 veterans in the United States will be able to take advantage of this program.
Congratulations to our New Associate Attorney!
Stern & Curray is pleased to announce that Breanne P. Compton has accepted a position as a permanent Associate Attorney. Breanne represents clients in all aspects of immigration law including employment visas, family-based matters, and removal defense.
“Breanne continues to impress us with her high-level legal analysis and dedication to clients,” said Emily Curray, Managing Partner of Stern & Curray. “We are delighted to have Breanne on our team.”
Prior to joining Stern & Curray, Breanne gained diverse experience through positions with the Colorado Public Defender’s Office, the Executive Office for Immigration Review, and the Rocky Mountain Immigrant Advocacy Network. She has worked at Stern & Curray since 2013, first as a law clerk, then as a law fellow.
Breanne completed her law degree at the University of Colorado College of Law in 2014. She is also a graduate of Pacific Lutheran University where she studied Latin American History and Social Justice. You can learn more about Breanne on our website.
Happy Constitution Day!
On September 17, 1787 at Independence Hall in Philadelphia, Pennsylvania, delegates from the Constitutional Convention signed the United States Constitution, the fundamental framework of our government. Today our nation celebrates Constitution Day along with Citizenship Day as part of an extended Constitution Week celebration. U.S. Citizenship and Immigration Services is celebrating Constitution Day and Citizenship Day with a number of naturalization ceremonies being administered across the country. This year 36,000 foreign nationals will become U.S. citizens in over 200 naturalization ceremonies being held between today and September 23rd. Happy Constitution Day!
If you are a lawful permanent resident seeking to naturalize and become a U.S. citizen, contact us for a consultation.
Changes to Visa Bulletin
The U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of State announced that the Visa Bulletin is being modified so that foreign nationals who are waiting in the immigrant visa backlogs may begin their adjustment of status applications before their priority date becomes current.
In particular, instead of having only one visa priority date chart there will now be two charts per visa preference category. These charts are labeled: (1) “Dates for filing Applications,” which is the earliest date when an applicant is deemed eligible to apply for their immigrant visa; and (2) “Application for Final Action Dates,” which states the date when the immigrant visa can actually be issued. This will affect foreign nationals who are waiting in the immigrant visa backlogs in that they will be able to submit their applications for consideration earlier than in the past.
These changes take effect beginning with the October Visa Bulletin.
Yemen Designated for TPS
Today the Department of Homeland Security (DHS) stated that the Republic of Yemen has been designated for Temporary Protected Status (TPS) due to severe violence and ongoing armed conflict. This designation begins today and will run for a period of 18 months, or until March 3, 2017.
Yemeni nationals physically present and residing in the United States since September 3, 2015 should consult our office to discuss eligibility for TPS and the application process.
TPS may be granted to foreign nationals who are present in the United States when disaster hits their home country or when conditions in their home country prevent safe return. TPS is granted for temporary conditions such as civil war and/or armed conflict and environmental disasters.
While a foreign national holds TPS, he or she:
- may not be removed from the United States;
- may apply for employment authorization; and
- may be granted travel authorization.
TPS is a temporary grant of lawful immigration status in the United States that does not lead to citizenship, permanent residence, or any other immigration status.
TPS Extended for Haiti
The Department of Homeland Security extended Temporary Protected Status (TPS) for Haitian nationals for 18 months, beginning January 23, 2016 and lasting through July 22, 2017. Haitian nationals who are current beneficiaries of TPS must re-register their TPS status during a 60 day re-registration period that will run from August 25, 2015 until October 26, 2015. Re-registering will enable TPS beneficiaries to apply for a new employment authorization document.
TPS may be granted to foreign nationals who are present in the United States when disaster hits their home country or when conditions in their home country prevent safe return. TPS is granted for temporary conditions such as civil war and/or armed conflict and environmental disasters.
While a foreign national holds TPS, he or she:
- may not be removed from the United States;
- may apply for employment authorization; and
- may be granted travel authorization.
TPS is a temporary grant of lawful immigration status in the United States that does not lead to citizenship, permanent residence, or any other immigration status.
I-601A Stateside Provisional Unlawful Presence Waivers Seeking to be Expanded
The I-601A Provisional Unlawful Presence Wavier allows certain immediate relatives of United States citizens to ask that the inadmissibility ground of unlawful presence be forgiven before the applicant departs the United States for consular processing. Having the I-601A waiver approved before the applicant departs the United States spares the applicant from spending months or even years outside the country while their waiver is adjudicated.
In order to qualify for an I-601A waiver, an applicant must be the beneficiary of an approved immigrant visa petition for an immediate relative and must demonstrate that the applicant’s United States citizen spouse or parent would suffer extreme hardship if the applicant is refused admission to the United States, among other eligibility requirements.
The expansion announced for I-601A waivers would expand the I-601A waiver process to allow lawful permanent residents to serve as the qualifying relative, instead of only United States citizens. This expansion greatly increases the number of potential applicants who could qualify for an I-601A waiver.
Importantly, this expansion is still in the law-making process and is not yet final. The I-601A expansion is currently open for notice and comment until September 21, 2015. After this date, submitted comments will be considered and the proposed expansion may become law.