DACA UPDATE
Despite the U.S. Supreme Court’s favorable decision finding that the order to rescind the program known as “DACA” (Deferred Action for Childhood Arrivals) was inadequate, the Trump Administration has since announced changes to the program.
On July 28, 2020, acting Secretary of Homeland Security Chad F. Wolf announced that in response to the Supreme Court’s decision, the Department of Homeland Security will take action to thoughtfully consider the future of the DACA policy, including whether to fully rescind the program.
What Does This Mean?
Current DACA Recipients
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Current DACA Recipients can continue to apply to renew their DACA. It is recommended that you submit your renewal between 150 and 120 days of the expiration date of your current DACA.
- DACA protections and benefits continue (e.g. deportation protection and work permits)
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Renewal period has been shortened from 2 years to 1 year
- Renewal fee remains $495
New DACA Applicants
- USCIS is rejecting all initial DACA applications
- Any initial DACA applications and fees that have been submitted will be rejected and returned
Advance Parole
- Advance Parole applications will be rejected unless there are “exceptional circumstances.” However, we are also seeing that these applications are administratively closed. USCIS gave examples of situations in which they might grant someone Advance Parole. They include, but are not limited to:
- Travel to support the national security interests of the United States;
- Travel to support U.S. federal law enforcement interests;
- Travel to obtain life-sustaining medical treatment that is not otherwise available to the individual in the United States; or
- Travel needed to support the immediate safety, wellbeing or care of an immediate relative, particularly minor children of the individual.
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Be aware that even if the Advance Parole is granted, that does not guarantee that you will be allowed to re-enter the U.S. It is important that you speak with an immigration attorney to understand your situation BEFORE traveling outside of the U.S.
Pending Litigation
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In August, a group of undocumented immigrants amended a suit filed in the U.S. District Court for the Eastern District of New York alleging that the changes promulgated by Acting Secretary Wolf violated the Administrative Procedures Act and were illegal because Wolf had not been validly appointed to his post.
- On Saturday, November 14, 2020, the U.S. District Court held that Acting Secretary Wolf "was not lawfully serving as acting secretary of Homeland Security" when he issued a memo limiting the program in July.
- Does this mean that you can submit your initial DACA application? Not yet, until the Government makes an official announcement either to appeal the Judge’s decision or to reopen the DACA program to receive initial applications.
More updates will be provided as we learn more.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com
TPS UPDATE
Since taking office, President Trump has ended crucial protections for immigrants from six countries. Over 300,000 people are at risk of losing legal Temporary Protected Status (“TPS”) a humanitarian visa program.
The largest group of TPS recipients is from El Salvador (195,000 people) followed by Honduras (57,000 people) and Haiti (50,000 people).
Pending Litigation
Two lawsuits resulted in preliminary injunctions that blocked the administration from ending the program—one suit filed by TPS holders from El Salvador, Haiti, Nicaragua, and Sudan and a second suit filed by TPS holders from Honduras and Nepal and their U.S. citizen children. To comply with the injunctions, DHS announced it would automatically extend TPS for all six countries through Jan. 4, 2021, pending a decision on the lawsuits.
On September 14, 2020, in Ramos v. Wolf, the U.S. Court of Appeal for the Ninth Circuit ruled that the Trump administration may proceed with its termination of TPS for individuals from the countries of El Salvador, Haiti, Nicaragua, and Sudan. This will put approximately 300,000 TPS visa holders at risk of deportation to countries from which they originally fled violence or natural disaster.
What Does This Mean?
Current TPS Recipients: TPS recipients from El Salvador, Nicaragua, Sudan, Nepal, and Honduras will not immediately lose their authorization to remain in the United States. The TPS terminations for Honduras, Nepal, Nicaragua, and Sudan likely would not go into effect until at least March 2021; and for El Salvador, not until at least November 2021.
Employment authorization: Employment authorization is extended through Jan. 4, 2021
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com
PUBLIC CHARGE UPDATE
On February 24, 2020, USCIS implemented the Inadmissibility on Public Charge Grounds final rule nationwide and will apply the final rule to all applications and petitions postmarked (or, if applicable, submitted electronically) on or after that date.
Despite some short-time lived successes with pending litigation, the public charge rule is now in effect. Accordingly, adjustment of status applications must be filed with the Form I-944.
This does not apply to the following classes: refugees, asylees, Certain T and U nonimmigrant visa applicants (human trafficking and certain crime victims, respectively); and certain self-petitioners under the Violence Against Women Act.
Please note that under the new rule, the following factors would support that a foreign national will not become a public charge:
- Compared to the Federal Poverty Guidelines, he foreign national has a high level of household income, assets, or resources and support from a sponsor.
- The foreign national is authorized to work and is currently employed with a high salary compared to the Federal Poverty Guidelines.
- The foreign national has private health insurance and does not or tax credits under the Patient Protection and Affordable Care Act to pay for the health insurance.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com
HIKE IN USCIS FEES UPDATE
On August 3, 2020, USCIS published a final rule that significantly increases certain immigration and naturalization benefit request fees. The rule was to take effect on October 2, 2020. However, on September 29, 2020, the U.S. District Court for the Northern District of California temporarily stopped the government from implementing or enforcing any part of the new rule.
What Does This Mean?
While the rule is temporarily stopped, the government has announced that it will continue to:
- Accept forms with the current editions and current fees; and
- Use the regulations and guidance currently in place to adjudicate applications and petitions.
For more information, please contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com
The November 2020 Visa Bulletin Has Arrived!
If you have questions about the November 2020 Visa Bulletin, contact the experienced immigration attorneys at Monty & Ramirez LLP at 713-289-4546 or via email at info@montyramirezlaw.com
