Family Immigration Newsletter

FAMILY IMMIGRATION NEWSLETTER

December 2018

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A Federal Judge Blocked President Trump’s Issuance of a 90-Day Order That Would Deny Individuals the Right to Seek Asylum If Not Done at a Port of Entry

On November 9, 2018, President Trump signed a proclamation that would deny individuals the right to apply for asylum if they do not use an official port of entry to cross the U.S. border. This rule would have been effective for 90-days with the possibility of renewal.

This rule applied to those individuals who enter the United States after November 9, 2018 and intend to apply for asylum. The proclamation did not apply to unaccompanied immigrant children or retroactively to individuals already in the U.S.

Individuals determined to be ineligible for Asylum due to the proclamation could still seek withholding of removal or protection under the Convention against Torture (CAT) no matter where they choose to present themselves. Yet, protections under the above mentioned claims have a much higher standard; individuals must establish a “reasonable fear” instead of a “credible fear” on which Asylum applicants are judged.

National immigration organizations filed a lawsuit challenging the asylum ban proclamation. The lawsuit charged the Administration with violating the Immigration and Nationality Act as well as the Administrative Procedure Act.

On November 19, 2018, U.S. District Judge Jon S. Tigar of San Francisco issued a nationwide restraining order stopping the enforcement of the Asylum Policy ordered by the Trump Administration. The Judge’s order will remain effective until December 19, 2018, when the court will consider arguments for a permanent block of Trump’s policy. For now, individuals can continue to apply for Asylum even if they did not enter through a port of entry. We will keep you up-to-date on the latest changes.

To obtain more information regarding the Trump administration's Asylum Proclamation and how it can affect your immigration case, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com .

The Government Began Using Digital Tablets to Administer Naturalization Exams

On October 1, 2018, the Government began to use digital tablets to administer the English reading and writing exams during naturalization interviews. The eligibility requirements and subject matter tested on the naturalization exam remains the same—the only change is how the tests are given.

Applicants will now use a stylus on a digital tablet to answer the exam questions instead of a paper application. The Government Officer may still choose to use the paper process on a case-by-case basis. The Government officer will carefully instruct the Applicant on how to use the tablets before administering the exam.

Reading Exam: A sentence will appear on the tablet and the Officer will ask the applicant to read it.
Writing Exam: Several lines will appear on the tablet, replicating the appearance of a piece of blank paper. The officer will read a sentence aloud and ask the applicant to write it on the tablet.

The civics test will continue to be given verbally, without the tablet.

To ask any questions regarding this new change, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com .

Current Status of DACA

The fate of Deferred Action for Childhood Arrival (“DACA”) continues to be complicated and unknown. DACA is currently being litigated in different parts of the country. Just recently, Judge Alsup of the U.S. District Court for the Northern District of California issued an injunction requiring the federal government to maintain the DACA program. At this point the Supreme Court could hear the case on DACA eventually, but will have to go through courts of appeals before it gets to that point.

At this time individuals who have DACA or who have had DACA can continue renewing their status. Those individuals who have never had DACA are not eligible to apply at this time.

Current DACA holders:

Should renew if DACA expires within the next 150 days
If DACA expires between 151-365 days, the renewal request may still be submitted but the extension will most likely be issues for less than 2 years.

Individuals with expired or terminated DACA status:

If an individual's DACA status has expired more than a year before renewing, they will need to submit renewal as an initial DACA application with ALL documents needed to prove initial eligibility for DACA.
If an individual's DACA status has expired less than a year before renewing the individual can simply submit a DACA renewal application.

For more information regarding DACA updates, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com .

Know Your Rights

If you are a victim of a crime you may qualify for a U visa. A U visa is for individuals who:

Are victims and have suffered substantial mental or physical abuse in the United States and
Are willing to assist law enforcement by reporting the crime and helping with the investigation.

If you are involved in a car accident or suffer injuries due to a medical provider's medical negligence:

You have the right to seek representation and compensation due to your pain and suffering.

If you are a victim of a crime or have suffered due to a car accident or a medical provider's medial negligence, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com .

The Government Warns of Longer Wait Times Indefinitely at the El Paso Port of Entry

Government officials in El Paso are advising individuals traveling to plan for longer wait times at ports in the area starting November 14, 2018. The port of El Paso will be understaffed as a large number of specially trained Customs and Border Protection (CBP) officers from the El Paso area are being deployed to Arizona and California due to response to the approaching caravan.

Travelers can expect lanes to be closed and anticipate processing times to increase. The Government is suggesting that individuals reduce their cross border trips or plan extra wait time into their schedules.

Individuals can monitor the border wait times at https://bwt.cbp.gov/index.html or obtain the CBP telephone application on their smartphone at https://apps.cbp.gov/bwt/mobile.asp . These tools will allow individuals to check the wait times and plan when and where to cross.

If you have questions, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com .

With the End of TPS Near, Individuals Should Consult With an Immigration Attorney Regarding Their Immigration Matters

Several lawsuits have been filed following the announcement this past year from the government to end Temporary Protected Status (TPS) for six countries (El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan).

On October 4, 2018, the U.S. District Court Judge for the Northern District of California issued an injunction preventing the Government from terminating TPS for El Salvador, Haiti, Nicaragua, and Sudan while legal battles proceed. While this injunction has provided temporary relief, the future of TPS is still unknown and leaves individuals vulnerable. If you are currently under TPS it is important to protect yourself against scams.

Immigration scams are more prevalent in these time of insecurity. The scams can come in many forms and often individuals are tricked into paying for legal services that they do not qualify for. Often times this happens when they are led to use “fake” government websites or promised help by a “notary.” Unlike in Spanish-speaking countries, Notaries (or Notarios) in the U.S. are NOT attorneys and are not qualified to help individuals with their immigration needs.

If you currently have TPS, a good lawyer can help advise you on the best direction to take on your immigration matters.

If you have questions regarding your TPS status, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via e-mail at info@montyramirezlaw.com .

New Memorandum Regarding the Suitability of Prospective Adoptive Parents for Intercountry Adoption

On November 9, 2018, the Government published a new policy memorandum providing guidance on prospective adoptive parent suitability issues that may arise when intercountry adoptions are taking place. This memorandum amends the previous field manual and supersedes all other memorandums that were in place.

The purpose of this memorandum is to clarify several suitability adoption areas and improve communications between immigration government officials. This memorandum encourages direct communication between U.S. national offices and the consular offices abroad. The memorandum took effect immediately on November 9, 2018.

If you have questions regarding the new memorandum, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via e-mail at info@montyramirezlaw.com .

The December 2018 Visa Bulletin Has Arrived!

The Visa Bulletin for December 2018 has been released by the Government. For more details, go to https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2019/visa-bulletin-for-december-2018.html.

If you have questions about the December 2018 Visa Bulletin, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com .