Just recently a new Immigration reform proposal was introduced by the House Immigration and Citizenship Subcommittee Chair Zoe Lofgren (CA-19) introduced H.R. 7374. The Bill is called the “Jumpstart our Legal Immigration System Act”. The proposal recaptures hundreds-of-thousands of unused family- and employment-based visas and allows individuals who are in the U.S. and eligible for a green card – but for the lack of an available visa number – to apply for their green card upon paying a fee.
U.S. IMMIGRATION
AND CUSTOMS ENFORCEMENT CEASES DEPORTATION TO RUSSIA, UKRAINE, AND SEVEN OTHER
EUROPEAN COUNTRIES, DHS ANNOUNCED TPS FOR UKRAINE
With
the large awareness of the Russia-Ukraine dispute, the current situation of the
world is no longer news to anyone. Worst still, the insecurity caused by the
Russia-Ukraine feud does not only affect both parties but also their
surrounding neighbors. The affected countries include; Belarus, Georgia,
Poland, Hungary, Moldova, Romania, and Slovakia.
Due
to the insecurity posed by this feud, the U.S. Immigration and Customs
Enforcement (ICE) has temporarily ceased the deportation of persons to Russia,
Ukraine, Belarus, Georgia, Poland, Hungary, Moldova, Romania, and Slovakia.
Illegal immigrants of all nine countries have been granted a temporary stay in
the United States pending further decisions.
U.S. Immigration
and Customs Enforcement Cessation Of Deportation
While
publicizing the matter, a spokesman of the U.S. Immigration and Customs
Enforcement(ICE) said that “amid the ongoing humanitarian crisis occurring
in Ukraine, US ICE has paused repatriation flights to Ukraine. ICE will
continue to monitor the ongoing situation and make operational changes as
necessary.” One fact awaiting clarity is how long the temporary cessation
of these flights would last.
Following
a briefing earlier reported to CBS News, not only will the deportation of
persons to Ukraine and Russia be halted, but also to seven other nations
bounding the region of the continuous violence. As mentioned above, these
nations include Belarus, Poland, Romania, Moldova, Slovakia, and Georgia. This
halt of the repatriation process is in other to protect deportees from the
fierce violence raging between Russia and Ukraine. It would rather be unfair,
unsafe, and against the U.S. “ethics of national security,” to send
deportees to such areas.
As
of 3 March 2022, the U.S. Department of Homeland Security had reportedly set up
a Temporary Protected Status(TPS) scheme. The TPS scheme was enacted to allow
Ukrainians to access deportation protection and job permits. This was done to
temporarily impede their return to their war-infested country, while also
possessing a means of livelihood. The Temporary Protected Status was developed
for non-permanent and does not permit recipients to acquire permanent residency
in the United States.
Alejandro
Mayorkas, the Homeland Security Secretary reassured in a statement that
continued help and protection will be extended to the Ukrainian citizens in the
United States in a period of uncommon times such as this.
The Russia-Ukraine
Feud
Almost
a million persons have reportedly fled Ukraine and more are believed to flee
the country in the coming weeks. Hundreds have been reported dead. All thanks
to the feud between Russia and Ukraine.
Russia
and Ukraine were both parts of the old Soviet Union of which Russia was a major
power.
Historical
precedence suggests that war has never been the answer to any problem. Rather
it has only destroyed the lives of many. War rarely ever solves any problem
peace could not. Of a certainty, many world leaders aren’t particularly
war-hungry people but people who just want to better their society to the best
of their ability. A better understanding amongst leaders would help achieve a
peaceful co-existence.
RELIEF FOR THOSE IN THE US
Here
are possible solutions who are affected by this conflict.
Asylum for those who can qualify. If for example, a Russian national possesses strong political views in opposition to the current Russian government, he/she may seek asylum in the US if can prove persecution (past and/or future).
Asylum may also be available for Ukrainian nationals depending on the controlling in Ukraine powers, and other qualifications. At the time of conflict itself, however, it is too soon to tell how it may affect the asylum eligibility for the nationals of Ukraine.
TPS for Ukrainian nationals. TPS for Ukrainian nationals will be available once the announcement and special notice are published in the Federal Registry. Currently, the announcement states that a person would have to show that they have resided in the US since March 1, 2022. TPS is not a green card; it will not (without a reform) lead to a green card. It will provide protection from the removal; will provide an open market work authorization, and the ability to apply for advance parole. As a rule, there are only very limited circumstances that would disqualify one from receiving TPS: certain criminal convictions.
Humanitarian Parole may help those overseas.
Non-Immigrant and Immigrant visas. Department of State periodically refreshes its guidelines on how and where to apply for Non-Immigrant and Immigrant visas for the nationals of Ukraine.
It is possible that the US government will announce more programs that would benefit Ukrainians, such as refugee status or parole. However, usually, it takes significant time for a person to qualify for refugee status: the vetting may take years.
New York Immigration Lawyer Alena Shautsova shares the most recent Immigration news
Biden Administration announced a set of new regulations that help STEM students or students in the fields of science, technology, engineering and mathematics to qualify for an extended OPT, O-1 visa, EB2 green card with National Interest Waiver. In addition, 22 new fields of study are added to the STEM list of occupations that will allow graduates to seek STEM benefits: extended OPT or work permits following graduation, and easier qualifications for employment-based green cards where a job offer is not required if an NIW is granted.
NYC Immigration Lawyer Alena Shautsova shares the most recent updates regarding USCIS real processing times for I 765, I 485, N 400 and I 601A; discusses the most recent Immigration news and practices.
The Build Back Better Bill passed by the House of Representatives contains the most comprehensive immigration reform offered to the non-documented residents of the United States in 35 years.
The bill would cost around $100 billion dollars, along with other measures which will cost around a whopping 5 trillion dollars. While some economists suggest it to be the most expensive event in American history, the immigrants are finally having a sense of relief, which may not last for a long time though. Democrats chose to include plan C with measures that will temporarily protect the immigrants from deportation and which will not lead to a green card or citizenship.
The BBB bill contains three major immigration provisions:
1. The most widely discussed Immigration innovation contained in the BBB bill is known as “Plan C” or parole. Parole is a deferred action/protection from deportation through which approximately 7 million people living in the United States who are undocumented and who entered the US before January 1, 2011 will be able to reside safely in the US for 5 years (which is extendable to another five years) and receive work authorization and travel authorization. Parole is not lawful non-immigrant status. It is unclear at this time if it also will serve as “admission” for adjustment of status purposes, and it is unclear if it people in removal proceedings or with outstanding orders of removal will be able to qualify for it.
2. Recapturing unused green cards and reduction in visa backlogs: it is estimated that over 2 million unused green cards will now be recaptured, which will be a big relief to the lottery winners, families and workers who were eligible for permanent status but struck in a backlog of cases.
3. “Super Fees” (some people started referring to these premium fees as super fees, while it is a cute name, it reminded me of The “Super Size Me”, the famous documentary). Those who are tired of waiting for their priority dates to become current will be able to pay premium fees to speed up their adjustment of status and immigrant visas cases. The fees will depend on the type of visa sought and be ranging from $1,500 to $50,000.
Many Immigration reform advocates and immigrants are disappointed by this proposal as it falls short of delivering comprehensive Immigration reform. The cut-off date of 2011 seems to be too far away, and most applicants with asylum pending status will simply not meet the residency requirement. Also, parole is not a green card or permanent residence. There will be no opportunity to convert it into citizenship, and no opportunity to sponsor family members even if you receive it. It is more like a bargain to keep the worrying immigration community still for a while…
While we cannot discard those concerns, the fact remains that the absolute majority of the people who would qualify for the parole are in fact employed, and many are already paying taxes using IRS tax ID numbers. The “newcomers” will not be able to benefit from the BBB bill at all, and recapturing of the visas is only fair as these are not newly created visas but unused visas from the previous years…
The most important question is: Could Democrats do better? Having a controlling majority in the House, and a tie in the Senate with the Vice President technically representing the Democratic party, perhaps now is the time to be more aggressive with their agenda and make the push for more comprehensive immigration reform. Perhaps, it is time to be grateful for the senate parliamentarian ruling, and move on with the plan? It has been done in the past, so why not now? In fact, the 92 scholars called on Harris, Senate Majority Leader Charles Schumer (D-N.Y.) and Senate President Pro Tempore Patrick Leahy (D-Vt.) not to “overrule” Parliamentarian Elizabeth MacDonough, whose rulings are non-binding, but for the presiding officer of the Senate to issue a ruling contrary to her advice. https://thehill.com/homenews/senate/575347-92-legal-scholars-call-on-harris-to-preside-over-senate-to-include. However, there is no consensus on this Bill even among the Democrats! The only hope is that the disagreeing parties will list at the negotiation table and resolve their differences.
“The House did a
very strong bill. Everyone knows that Manchin and Sinema have their concerns,
but we’re going to try to negotiate with them and get a very strong, bold bill
out of the Senate which will then go back to the House and pass,” said Charles
Schumer, the House majority leader. https://www.cnn.com/2021/11/21/politics/chuck-schumer-build-back-better-manchin-sinema/index.html .
He also stated according to the same source, that he would like to see this issue be resolved by Christmas. So, do you think we will have a good Christmas present or immigrants will end up on a “naughty list”?
For more information on the recent Immigration News, visit our YouTube Channel: https://www.youtube.com/channel/UCBSrIQswMdYh_T1qToEZRrQ
Immigration Reform On The Way: Plan C Voted YES By the House
Alena Shautsova, NYC Immigration lawyer shares updates regarding the Build Back Better Bill passed by the House of Representatives on November 19, 2021. The Bill, among other things, contains Immigration provisions aimed at non-citizens who can demonstrate that they entered the US prior to January 1, 2011 and resided in the US since then. The Bills secures parole for such qualified individuals, which comes with a work permit and travel permit. The Bill also contains provisions regarding recapturing of the visas unused since 1992, and the ability to file for premium processing for family, employment, and investment-based visas.
Great news, the Immigration reform Reconciliation Bill is finally here. Among the main things, it creates a residency path for dreamers, and anyone who came to the US at the age of 18 or under and has continuously resided here since January 1, 2021 would be considered a dreamer. To qualify for this path, however, some additional criteria must be met plus a fee of $1500 must be paid (and $250 for each dependent).
Essential workers: those who have continuously resided in the US since January 1, 2021, and have “demonstrated a consistent record of earned income in the United States in an occupation described in the guidance of the Department of Homeland Security entitled ‘Advisory Memorandum on Ensuring Essential Critical Infrastructure Worker’s Ability to Work During the COVID–19 Response’, issued on August 10, 2021, during the period beginning on January 31, 2020, and ending on 25 August 24, 2021.
TPS holders who have continuously resided in the US for 3 years and/or TPS eligible.
Certain criminal convictions will disqualify a person from this opportunity: any offense punishable by a maximum term of imprisonment for more than a year; 3 or more offenses with imprisonment in the aggregate for 90 days or more. A waiver may be available for certain cases. Expunged convictions will not be treated as such expunged automatically for Immigration purposes.
If otherwise eligible, a person who is currently in removal proceedings or with an outstanding order of removal will be able to apply as well. T
The law will take into effect wither 180 days from the date of enactment or May 1, 2022, whichever is earlier.
Also, the reconciliation bill makes provisions for recapturing certain visas, and allowing DV visa applicants to still use them for years 2017-2021 if they were unable to do so due to Trump’s bans or COVID.
This is just a first summary of the Act, and we will provide more details shortly.
Judge’s Ruling Undermines Biden’s Reform Efforts, A Great Decision from a Judge in Nevada, and More Recent Immigration News
A decision from Texas Judge stops Biden’s recent ICE enforcement priorities from reverting back to the Trump era practices: ICE is ordered to not follow Biden administration’s Memoranda regarding enforcement and report its compliance to Court.
Good news for adjustment of status applicants: green card medical exams will be valid longer!
Recent Immigration news: DACA’s new applications hold, COVID entry restrictions, essential workers reform plans and progress, and more.
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