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On August 25, 2020, a new rule concerning asylum seekers will be put into effect which would block work permits for almost all asylum applicants who arrive at the U.S.-Mexico border. No one who has crossed any other ports of entry into another country is ineligible to apply for a work permit essentially depriving them of livelihood. Congress has made clear that it is legal to seek asylum after crossing the border between ports of entry so this new rule is a direct contradiction. Please also note that this only applies to immigrants crossing in through the Mexican border.

There’s an exception to the rule that is barely of any help. The exception only applies to people who present themselves to a border official, request asylum within 48 hours, and can show “good cause” for not going to a port of entry. It is expected for an individual traveling across country borders on foot to reach a border official within 48 hours. The consideration of what a good cause is extremely narrow, unclear, and not completely defined in the proposed rule..

Another detrimental aspect to this rule is that, asylum seekers will now have to wait 365 days after filing an asylum application to seek a work permit instead of the current 180 days. If an asylum seeker already is in possession of a work permit they are still in danger of it being removed from them. Anyone who lost their case at the Board of Immigration Appeals and wanted to appeal to a federal court or asylum seekers convicted of a wide variety of minor crimes are all liable to have their permit revoked.

What does DHS have to say about these abusive new rules? DHS has stated that asylum seekers “should become familiar with the homelessness resources provided by the state where they intend to reside.” And they are “confident that those [individuals] legitimately fleeing persecution will be willing to adapt to the longer wait period for employment authorization”. In other words take your pick homelessness or working illegally and risk being denied asylum all while paying taxes.

Hope for Dreamers

Today we celebrate a BIG WIN on the immigration front! Since 2017 Trump’s administration has been attempting to terminate the DACA program. The Supreme Court has ruled in favor of DACA and this completely restores the program in its full capacity taking new and renewed applications.

What does this mean?

DACA recipients will be protected from deportation and eligible for the same previous benefits like work authorization cards.DACA recipients can continue to renew their DACA for two more years.New DACA applications can be submitted.Advance Parole allows DACA recipients to travel outside the United States and return however; due to the impact of the COVID-19 pandemic travel options are slim to none.

Although this good news is of relief to anyone going through or who wishes to go through the DACA program, it is essential to still consult with an immigration law professional to insure that everything is in good standing and discuss what further options are possible. For further information on the details of this victory visit the DACA website at https://www.ilrc.org/daca.For legal advice or more information please do not hesitate to contact us at (973)542-0200.

The Immigration Law world has been shaken up as of late by a proposed memo released with plans to limit who can apply and be approved for asylum. These limitations are so drastic that this proposal is facing criticism from Amnesty International, American Immigration Council, American Immigration Lawyers Association, and many more. If the rule is actually enacted, asylum claims would become obsolete. Among the plethora of paralyzing changes that can potentially occur are some of the following…

No gender based claims including fleeing domestic violence or any gender based assault.Gives immigration judges the right away to pre-terminate applications before the applicant can even appear in court with no hearing.Allows non- legally trained asylum officers to deem applications frivolous conflicting with the non-adversarial asylum screening rules already in place.Applicants can be denied for failing to first seek asylum or pay taxes before arriving to the U.S. in another country. For example if the applicant took a connecting flight they can be denied.Applicants will face a significantly more challenging screening and instead of being sent to full immigration court they will face another form of asylum and withholding hearing where other forms of relief will not be considered. Applicants being persecuted by foreign government officials will not qualify for asylum if that government official is proven to be acting on their merit Applicants that have refused to join a criminal or terrorist group that cant be traced legally back to the government.

This is just a short list of the changes in the extensive 161 page proposed rule that you can read in its entirety here . These proposals are facing constitutional challenges. Most importantly, it is essential to note this rule is directly going against our right to due process here in The United States. These are uneasy times for immigrants but if this rule is approved it will be detrimental to asylum seekers and attorneys. For more help and information do not hesitate to contact us a (973)542-0200.

The § 237(a)(1)(H) waiver is a humanitarian waiver for certain individuals who have been placed in deportation proceedings and charged with fraud or misrepresentation. Its function is essentially a form of relief from removal and or deportation. It considers and allows you to defend yourself against alleged fraud or misrepresentation when admitted into The United States. In order to apply for a 237(a)(1)(H) waiver the respondent must come before an immigration court and request this relief. If the waiver is granted, the applicant is safe from removal which results in termination of proceedings. So who is eligible?

the spouse, parent, son, or daughter of a citizen of the United States or of an alien lawfully admitted to the United States for permanent residence; and

was in possession of an immigrant visa or equivalent document and was otherwise admissible to the United States at the time of admission except for those grounds of inadmissibility specified under paragraphs (5)(A) and (7)(A) of section 1182(a) of this title which were a direct result of that fraud or misrepresentation. a lawful permanent resident through adjustment of statusa VAWA self-petitioner.

Who is not a Qualifying Relative?

Children The spouse of fraud marriage

Also consider, a deceased parent or child is not usually able to be a qualifying relative. There are very specific instances in certain states that consider deceased relatives in specific cases.

What kind of Fraud or Misinterpretation?

There are a few instances where the fraud or misinterpretation can be applied under this waiver.

An individual who claimed to be an unmarried child of a legal permanent resident even though they were actually married at the time An individual who immigrated based on a marriage that had been already legally terminatedAn individual who conditional legal permanent resident who immigrated through a petition from a spouse or step parent and the petitioner and spouse were not married for two years at the time of admission or adjustment of status.

This waiver, on the other hand, does not apply to people who were already otherwise inadmissible into the country due to other crimes, deportations, or unlawful restrictions.

This waiver once submitted is up to the discretion of the judge to weight the respondent’s actions in the court of law. Hardship does not have to be considered when the judge is deciding to grant this waiver. We at the Law Offices of Cindy Ramjattan Paul can advise you on whether you qualify for this waiver. For more information please do not hesitate to contact us at (973)542-0200.

Covid-19 has affected all of us in ways that we never saw coming. Many immigrants who have abided by the laws of the country, and kept up with all processes the government has required of them, are stuck in foreign countries due to travel bans. Many of them will overstay their visa in that foreign country. So now what, what can be done?

If you are outside of the United States for less than one year

If you are a legal permanent resident and you have been out of the United States for over six months but less than one year, you will still be permitted to travel to the United States if your travel documentation is valid, such as your passport or a U.S. driver’s license. You can re-enter the United States if your green card is expired as long as you have a current passport or other current identification.

If you are outside of the United States for over one year

Under current regulations, a lawful permanent resident (LPR) of the United with a green card must return to the United States within 364 days of the last departure in order to retain status as a permanent resident. If the person has obtained a re-entry permit (Form I-131), the person must return to the United States within the validity of the re-entry permit in order to retain status as a permanent resident. Re-entry permits cannot be extended, and applications are only accepted in the United States by the U.S. Citizenship and Immigration Services. See www.uscis.gov/sites/default/files/USCIS/Resources/B5en.pdf for more information.

If you are an LPR who remains outside the United States for over one year without a valid re-entry permit and has jeopardized his/her legal resident status

If such an individual wishes to return to the United States as an LPR, two options exist:

Either a relative in the United States files a new immigrant visa petition ORThe LPR applies for a Returning Resident (SB-1) visa.

In order to apply for an SB-1 visa, the applicant should schedule an online appointment with the U.S. Consulate, once re-opened for routine visa services. If the travel is urgent, or the applicant is unable to schedule an appointment online, he or she may visit U.S. Consulate General. The applicant must consult with their designated consulate for more information on the necessary documents.

We hope that this information is of use and helps someone as knowledge is power and we must exercise our rights. For any further information or to schedule a consultation please do not hesitate to call us at (973)542-0200.

So you’re in love and distance is the only obstacle to fulfil your goals of marriage, now what? The United States government has a visa for that! In the case that you are a United States Citizen and you are engaged to be married with an individual who is a foreign citizen, you can facilitate that process through filing for a K-1 Visa. This Visa allows foreign citizen fiancés to travel to the United States to marry their beloved within 90 days of arrival. Filing the Petition Form I-129F is the proper first step to attain K-1 visa. But, what does it take to be approved for form I-129F?

First and foremost, this should go without saying but you MUST be a United States Citizen to sponsor a fiancé. Secondly, the sole intention of the trip to the United States is to strictly marry the petitioner. That must be backed up with proof of such, for example, wedding invitations, booking conformations, invoices of spending, etc. There must also be evidence that the parties have met in persona at least once within two years of filing the application. You must bonify your relationship and have proof of love and communication through text messages, phone records, money transfer receipts, pictures, gifts, letters, etc. Once those things are proven and the Petition Form I-129F is filed and approved by USCIS the National Visa Center will give you a case number and a date of interview at the designated U.S Embassy. In the case that the beneficiary has children they are eligible to apply for a K-2 visa based off of the approval of the parent’s petition when they are listed on the petition.

The interview requires both parties to be prepared to answer questions as well as provide additional proof to confirm the union. There can be no legal impediments to the marriage, for example, underage marriage is not permitted as well as legal existent previous marriage. The official Online Non-immigrant Application (DS-160) must be completed for the interview as well. Any prior criminal history must be disclosed by both parties. The National Visa Center also requires proper medical examination results the day of the interview as well as evidence that the petitioner can fully support the beneficiary. The additional items that are required at the interview are…

PassportBirth certificateDivorce and/ or death certificatesPolice certificatesPayment of feesTwo 2×2 photographs

In the case that the interview goes well the parties must be married within 90 days after entry into the United States. All that is left to do is file for resident status as well as both employment and travel authorizations if desired. At The Offices Of Cindy Ramjattan Paul we work tirelessly to ensure that your petition is likely to be approved.

Contact our firm today to learn more and schedule a consultation at 973-542-0200!

The proclamation becomes effective on Thursday, April 23, 2020 at 11:59 PM (ET), expires in 60 days and may be continued as necessary. Within 50 days from the effective date, DHS and the Department of Labor shall recommend whether the President should continue or modify the proclamation.

The order suspends the entry of CETAIN individual seeking to enter the U.S. as an immigrant (resident) who:

Is outside the United States on the effective date of the proclamation;Does not have a valid immigrant visa on the effective date; andDoes not have a valid official travel document (such as a transportation letter, boarding foil, or advance parole document) on the effective date, or issued on any date thereafter that permits travel to the United States to seek entry or admission.

People exempted from this proclamation:

Those that have already applied or will apply for adjustment of status in the U.S.;Lawful permanent residents (LPR);Spouses of U.S. citizens;Children of U.S. citizens under the age of 21 and prospective adoptees;Nonimmigrant visa holders and applicants; However, within 30 days of the effective date, nonimmigrant programs will be reviewed to determine whether additional restrictions will be added.Physicians, nurses, or other healthcare professionals coming to perform work essential to combatting, recovering from, or otherwise alleviating the effects of the COVID-19 outbreak (as determined by Dept. of State and DHS).EB-5 immigrant investors;Non-immigrant pursuant to C-1, D, or C-1/D nonimmigrant visa as crewmember or any alien traveling as air or sea crew;Individuals who would further important U.S. law enforcement objectives (as determined by DHS and DOS);Members of the U.S. Armed Forces and their spouses and children;Individuals and their spouses or children eligible for Special Immigrant Visas as an Afghan or Iraqi translator/interpreter or U.S. Government Employee (SI or SQ classification);Individuals whose entry would be in the national interest (as determined by DOS and DHS); and;Asylum seekers.

Discretion: It is within the discretion of the consular officer to determine if an individual is within one of the exempted categories.

Non-permanent residents now have a new way to challenge their removal proceedings. It has been made possible by a recent legal decision by which many are encouraged since it has the potential to assist many non-citizens in the United States.

In an eight to one (8-1) ruling, made on June 21, 2018, the Supreme Court of the United States held that “a putative notice sent to a non-permanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal.”

An applicant for cancellation of removal must accrue ten (10) years of continuous physical presence, accompanied with other variables, to qualify for relief from removal. The statute states that when the Department of Homeland Security (DHS) issues a notice to appear (NTA) for removal proceedings, the NTA stops the clock on the accrual of a non-citizen’s ten (10) years of continuous physical presence.

However, 8 U.S.C. 1229(a), defines the NTA as a notice that provides specific information, including “the time and place at which the proceedings will be held.” In practice, a huge majority of NTAs that are served on non-citizens to initiate removal proceedings.

never include the time and place of the removal proceedings. In Pereira v. Sessions Petitioner Wesley Fonseca Pereira (Pereira), a native and citizen of Brazil, who arrived in the United States in 2000 and remained after his visa expired. He was shy of the ten (10) year continuous residence requirement when he received a notice from the DHS placing him in removal proceedings. Given that Pereira’s NTA did not contain the time and place of the removal proceedings, the Supreme Court held that the issuance of an NTA to him did not prompt the stop-time rule, which rendered him ineligible for cancellation of removal. Therefore, even after receipt of deficient notice, Pereira continued to accrue time towards his presence in the United States. On that basis, Pereira should be able to reopen his immigration court case and apply for cancellation of removal, which if granted, would give him lawful permanent residence status.

This ruling could have colossal ramifications on thousands of individuals, including persons who are currently in removal proceedings and persons who have been ordered deported. If the Supreme Court defines an NTA as a document that must have the time and place of proceedings in all circumstances, most people currently in removal proceedings can challenge the NTA as deficient and move to terminate proceedings.

Currently, some Immigration Court Judges take a broader view and have extended its implication beyond the Stop Time Rule, effectively terminating proceedings based on a lack of subject matter jurisdiction is holding that if the NTA is not valid, the court lacks jurisdiction, and therefore, the authority to render decisions regarding any issues that may be raised.

While the DHS can always file a new and corrected NTA, it does buy a person in removal proceedings time, and may help tremendously with case completion rates, a purported goal of the Department of Justice.

If you have any questions about the recent immigration changes or what to do if you, or someone you know, is apprehended by Immigration and Customs Enforcement (ICE), do not hesitate to contact our office at (973) 542 – 0200. We have trained staff that can speak in Spanish, Hindi and Gujarati