Author: immilawyernj

Currently, there are key changes occurring in immigration law. On February 17, 2017, the Secretary of the Department of Homeland Security, “DHS”, John Kelly, signed two memos into effect. They implement the two Executive Orders President Trump issued on January 25:

Border Security and Immigration Enforcement Improvements Policies Enforcement of the Immigration Laws to Serve the National Interest.

These Orders reverse the majority of President Obama’s immigration policies. However, as of now, the memo protecting DACA is still enforced. While Trump cannot change laws, he is able to change policy and enforcement priorities. Here are the important things to know and understand:

Immigration and Customs Enforcement. “ICE” will hire 10,000 agents and Customs and Border Protection “CBP” will hire 5,000. There will no longer be a lenient approach to alien victims of crime or witnesses. Deportation is prioritized for anyone who: commits or is suspected of committing a crime, convicted of any criminal offense, works illegally, has lied or concealed information on any government form, with a final order of removal, and basically, for being unlawfully present. These provisions also effect lawful permanent residents who commit crimes. The 287(g) program is to be expanded. It allows local law enforcement to act as ICE agents. Because local law enforcement is minimally trained in immigration law, it is essential to know your rights:Right to remain silent- pertains to everyone, regardless of immigration status.Right to refuse to speak to an ICE agent.Right to an attorney and to make a phone call. Refrain from answering questions regarding birth place, immigration status, and how you entered the country. Instead, say that you want to remain silent until you speak with an attorney. Do not sign anything until you speak with an attorney. Right to demand a warrant. You do not need to open the door unless the agent show a warrant with your name and address that is signed by a judge.Right to refuse to show any documents before speaking with an attorney.The Victims of Immigration Crime Engagement Office (VOICE) serves to tell victims what happened to the immigrant who committed the crime against them. However, it is unclear whether immigrant victims will receive U-visas. If you work with undocumented immigrants, ICE may assess and collect fines from you.Sanctuary cities, counties, and states will be targeted. If these places release individuals that ICE placed a request for a voluntary hold on, ICE will release weekly lists that include the immigrant’s personal information such as name, home address, and immigration and criminal history.Under Section 235 – CBP will detain immigrants who seek asylum relief. The exception is those who claim a fear of returning to their country. So, it is important that immigrants who do not have an actual fear of returning not say that. Section 235 will also be expanded internally. Thus, if immigrants are detained and cannot prove at that time that they have been present in the country for two years, they will be removed without a hearing. Mexican and Canadians that are detained with a claim for relief will be returned to their countries immediately while the case is process in the courts.Unaccompanied children at the border will no longer be considered “unaccompanied minors” and will not be eligible for “special immigrant juvenile” relief. Further, parents of unaccompanied minors will be criminally charged and placed in deportation proceedings.

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

Non-citizens have served in the United States military for decades. Today, about 5,000 green card holders enlist in the military each year, and the law recognizes the sacrifice that these individuals make. For this reason, the Secretary of Defense wanted to find a way to give back and has authorized the military services to recruit certain legal aliens whose skills are considered to be vital to the national interest.

As a result, Military Accessions Vital to the National Interest (MAVNI) recruiting program was created to allow legal non-citizens with in-demand skills to join the Army in exchange for expedited U.S. citizenship. MAVNI also offers eligible physicians an expedited pathway to U.S. citizenship in exchange for service as commissioned officers and physicians in the U.S. Army.

This limited pilot program will recruit up to 5,200 people in Fiscal Year 2016, and will continue through September 30, 2016. Since September 11, 2001, over 109,250 members of the Armed Forces have attained their citizenship by serving the United States.

The Program has many benefits, including: bypassing the green card process and gaining U.S. citizenship; attending high-quality training; earning a steady income with benefits for soldiers and their families; gaining leadership skills; and earning money for college.

Applicants must commit to a certain number of years to the military, and meet other proficiency requirements. Also, to be eligible for the program:

Applicants must be in one of the following categories at the time of their enlistment:Non-immigrant categories E, F, H, I, J, K, L, M, O, P, Q, R, S, T, TC, TD, TN, U or V;Asylee , Refugee, Temporary Protected Status (TPS); orDeferred Action for Childhood Arrivals (DACA). Applicants must legally reside in the United States for a minimum of two years prior to joining the Army (excluding DACA) without a single absence from the country for longer than 90 days;Applicants must have a high school diploma and a qualifying score on the Armed Forces Qualification Test (AFQT); andMust be 17-34 years old and be under 35 at the time of shipping to BCT.

The current languages being recruited are:

AlbanianAmharicArabicAzerbaijaniBaluchiBengaliBulgarianBurmeseCebuanoCambodian-KhmerChineseCzechFrench (with citizenship from an African Country)GeorgianHaitian CreoleHausaHindiHungarian Ibo/IgboIndonesianJapaneseKashmiriKoreanKurdishLaoMalayMalayalamMoro (Tausug/Maranao/Maguindanao)NepalesePashtoPersian DariPersian FarsiPolishPortuguesePunjabiRomanian RussianSerbo-CroatianSindhiSinghaleseSomaliSwahiliTagalogTajikTamilThaiTurkishTurkmenUkrainianUrdu (with citizenship from Pakistan or Afghanistan)UzbekYoruba

If you have any questions about the MAVNI program, please do not hesitate to contact our office at (973) 542-0200 or contact your nearest Army recruiting office. We also have trained staff to speak in Spanish and Gujarati.

As you may have heard in the news, Immigration and Customs Enforcement (also known as “ICE”) has recently been engaging in immigration raids all over the country. In a recent statement, Jeh C. Johnson, the United States Secretary of Homeland Security, states that the focus of these removals were adults and children who:

Were apprehended after May 1, 2014 crossing the southern border illegally;Have been issued final orders of removal by immigration court; and Have exhausted appropriate legal remedies, and have no outstanding appeal or claim for asylum or other humanitarian relief under our laws.

In other words, ICE’s recent raids were not focused on those unlikely to fit into one of the above categories. However, this does not quell the fears of many undocumented individuals currently in the country, who believe that they or someone they love could be deported next.

In fact, many of the individuals apprehended were women and children who crossed the border in the spring of 2014, many of whom fled to escape gang-related and domestic violence in their home countries of El Salvador, Honduras and Guatemala. They may have a legal claim for asylum based on a genuine fear of returning to their home country.

Secretary Johnson continues that, “as part of these operations, 121 individuals were taken into custody, primarily from Georgia, Texas, and North Carolina, and they are now in the process of being repatriated. To effect removal, most families are first being transported to one of ICE’s family residential centers for temporary processing before being issued travel documents and boarding a return flight to their home countries” and a number of precautions were taken, such as having medical and female personnel available.

Another alarming issue is that minors traveling without parents are coming into the United States at an increasing rate. For instance, border agents apprehended about 10,600 minors in October and November 2015, versus about 5,100 during those months in 2014. The issue of where to house the children in the meantime, as well as their treatment, are raising grave humanitarian and social concerns that must addressed.

White House Press Secretary Josh Earnest said in a press release that “ politics did not factor ” into the decision by DHS to conduct raids, meaning that DHS made the decision independent of the influence of recent Presidential campaigns, but many are skeptical of the neutrality of the raids. Either way, this is an important issue that will have a significant impact on the future of our country.

If you have any questions about the recent immigration raids or what to do if you are someone you know is apprehended by ICE, please do not hesitate to contact our office at (973) 542-0200. We also have trained staff to speak in Spanish and Gujarati.

The Visa Waiver Program (VWP), and immigration generally, has been a hotly-debated topic for the upcoming Presidential election and has worsened in light of the Paris and San Bernardino attacks. The VWP allows certain eligible citizens or nationals from designated countries to travel to the United States without visas in exchange for visa-free travel (for 90 days or less) to those countries by United States citizens. The Department of State administers this program and ensures that applicants undergo many levels of security measures to prevent terrorists, serious criminals, or other potentially dangerous people from entering the United States.

VWP eligible individuals are generally permitted to enter the United States for business or tourism, but are not allowed to study for credit, work, or retain permanent residence. There are also many other requirements. For example, the individual must have authorization to travel without a visa through the Electronic System for Travel Authorization (ESTA) prior to boarding a U.S. bound sea or air carrier. In order to get an ESTA, you must submit biographic, travel, and credit card information in advance, and you must have a round trip ticket to prove that you intend to return to your home country, among other requirements.

However, in light of recent events, new restrictions have been proposed on VWP eligibility for certain individuals. For instance, people who have been present in Iraq, Sudan, Iran, Syria, or other countries designated by DHS as supporting terrorism or “of concern” at any time on or after March 1, 2011, are not eligible to participate in the VWP. The new law also excludes from the VWP individuals who are nationals of those designated counties, even if s/he has never resided in that country.

The increased security implementations and restrictions have been a source of great debate by many groups. Some say that the VWP helps drive U.S. economic growth by generating tax revenue and creating jobs, while opponents are extremely concerned about our national safety and think that the restrictions are fair to keep out terrorists and potential dangerous criminals. No matter what side you are on, this is an issue of great debate and the new developments are important for everyone to consider.

The latest Ebola outbreak is the worst in history, with more than 15,000 cases and over 5,400 deaths reported globally. In an effort to protect those who are already in the United States from deportation, on November 20, 2014, the Department of Homeland Security (DHS) announced a measure called the Temporary Protected Status (TPS). The TPS will be granted to those people currently living in the United States who are from Liberia, Guinea, Sierra Leone- the three West African countries most affected by Ebola.​

The Secretary of Homeland Security may designate a country for TPS

if the conditions in that country temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already here in the United States.

People who are eligible may apply to the USCIS for protection from deportation, as well as for work permits (employment authorization document (EAD)) for 18 months. The 180-day TPS registration period begins November 21, 2014 and runs through May 20, 2015. After 18 months, the U.S. will determine whether protection should be extended, based on the level of the Ebola epidemic in West Africa. However, applicants must be able to pass a background check. Those with a criminal history will not be approved. Also, you may not be eligible for TPS or to maintain existing TPS if you are found inadmissible as an immigrant under applicable grounds in INA Section 212(a), including non-waivable criminal and security-related grounds, or if you fail to meet initial or late initial TPS registration requirements.

To be eligible for TPS, applicants must also have been “continuously residing” in the United States since November 20, 2014 and “continually physically present in” the United States since November 21, 2014. Additionally, in order to prevent the disease from spreading, the 8,000 people estimated to be eligible will not be allowed to travel home once granted TPS.

Once granted TPS, an individual also cannot be detained by DHS on the basis of his or her immigration status in the United States. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status. However, registration for TPS does not prevent you from: applying for nonimmigrant status, filing for adjustment based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.

For more information about details and procedures for TPS, visit : www.uscis.gov/tps

Yemen is currently experiencing widespread conflict and a resulting severe humanitarian emergency. Because of the dangerous conditions, the United States has granted Temporary Protected Status (TPS) for eighteen months from September 3, 2105 through March 3, 2017 for eligible nationals of Yemen residing in the United States.

The Secretary of Homeland Security may designate a country for TPS if the conditions in that country temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. USCIS may grant TPS to eligible nationals of certain countries (or parts of countries), who are already here in the United States.

In light of the ongoing armed conflict within the country, the Department of Homeland Security announced on September 3, 2015 that eligible nationals of Yemen residing in the United States may apply for TPS with USCIS.

To be eligible for TPS, applicants must also have been “continuously residing” in the United States “continuously physically present” since September 3, 2015. Applicants must be able to pass a background check. Those with a criminal history or who pose a threat to national security will not be approved. Also, you may not be eligible for TPS or to maintain existing TPS if you are found inadmissible as an immigrant under applicable grounds in the Immigration and Nationality Act Section 212(a), including non-waivable criminal and security-related grounds, or if you fail to meet initial or late initial TPS registration requirements.

Lastly, once granted TPS, an individual cannot be detained by TPS on the basis of his or her immigration status in the United States. TPS is a temporary benefit that does not lead to lawful permanent resident status or confer any other immigration status. However, registration for TPS does not prevent you from: applying for nonimmigrant status, filing for adjustment based on an immigrant petition, or applying for any other immigration benefit or protection for which you may be eligible.

Those who are approved for TPS will not be removed from the United States and may receive an Employment Authorization Document (EAD). The 180-day TPS registration period runs through March 1, 2016.

More information can be found on the USCIS website: http://www.uscis.gov/news/dhs-announces-temporary-protected-status-designation-yemen.

TN Visa for NAFTA Professionals

The North American Free Trade Agreement (NAFTA) created special economic and trade relationships for the United States, Canada and Mexico. As part of its terms, the TN visa category was created to enable Canadian and Mexican citizens to enter the United States to engage in professional business activities on a temporary basis for a period of up to three years.

There are many types of professionals who may be eligible to seek admission as TN non-immigrants, including, but not limited to: accountants, engineers, lawyers, pharmacists, scientists, and teachers. You may be eligible if:

You are a citizen of Canada or Mexico;Your profession qualifies under the regulations;The position in the United States requires a NAFTA professional;You have a prearranged full-time or part-time job with a U.S. employer (but not self-employment); andYou have the qualifications to practice in the profession in question.

Canadian Citizens

If you are a Canadian citizen, then you are not required to apply for a TN visa at a U.S. consulate.

A Canadian professional worker may be admitted to the U.S. without advance petition approval or labor certification. In order to apply, the Canadian worker (if in Canada) would have to go straight to any U.S. port of entry (land border crossing, U.S. airport, or U.S. preflight inspection station at a major Canadian international airport) and provide the following documentation to the CBP officer:

Proof of Canadian citizenship;Letter from your prospective employer, your length of stay, and your educational qualifications; andCredentials evaluation (if applicable), together with any applicable fees.

Alternatively, a prospective TN employer may choose to file on behalf of a Canadian citizen who is outside the United States by submitting Form I-129, Petition for Non-immigrant Worker to the USCIS Vermont Service Center.

If USCIS approves Form I-129, you, the prospective worker, may then apply to CBP for admission to the U.S. as a TN non-immigrant to a CBP Officer at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station by providing the following documentation:

Proof of Canadian citizenship; andApproval Notice from USCIS for Form I-129.

In addition, when applying for admission, you should have in your possession a copy of Form I-129, and all supporting documentation that was submitted to USCIS, to respond to questions about your eligibility. You should also be prepared to pay any applicable inspection fees at the time you seek admission. If a CBP officer finds you eligible for admission, you will be admitted as a TN non-immigrant.

Upon entering the U.S., the Canadian TN professional will be given an I-94 card (or one accessible online) indicating an authorized stay of up to three years. This period can be extended in three-year increments without leaving the United States.

A Canadian national can also apply if already in the United States.

Mexican Citizens

If you are a Mexican citizen, then you are required to obtain a visa to enter the United States as a TN non-immigrant. You should apply for a TM visa directly at a U.S. embassy or consulate in Mexico. Once you are approved for a TN visa, you may apply for admission at certain CBP-designated U.S. ports of entry or at a designated pre-clearance/pre-flight inspection station.

Dependents of TN Non-immigrants

TN visa recipients can also bring their spouses and children (under the age of 21) to the U.S. by providing proof of the family relationship, such as a birth or marriage certificate, with the application process. However, spouse and children are not permitted to work while in the United States, but they are permitted to study. Further, they are granted TD status for no longer than the period of time granted to the principal TN non-immigrant.

Every month, the Department of State (DOS) publishes current visa availability information in its Visa Bulletin, which can be found at: http://travel.state.gov/content/visas/english/law-and-policy/bulletin.html. The Visa Bulletin indicates when visas are available to prospective immigrants based on their individual priority date. Availability means applicants are able to begin their final steps in the process of obtaining their green cards. The priority date is generally the date when the applicant’s employer or relative properly filed the immigrant visa petition on the applicant’s behalf with USCIS.

On September 9, 2015, USCIS and DOS announced that they would be making some changes to the procedures for determining visa availability for applicants waiting to file adjustment of status applications (employment or family-based).

The new procedures would allow individuals to apply for adjustment of status much earlier than they normally would. They would also be able to obtain benefits for themselves and their families, such as work authorization and permission to travel.

The reason for this is to help ensure that the maximum number of immigrant visas is issued annually as intended by Congress, despite the long waiting periods for cases to be processed.

Prior to the changes, DOS published one chart in its visa bulletin each month that determined both when an application could be filed and when pending applications could be adjudicated. Beginning with the October 1, 2015 visa bulletin, there will be a second chart published each month, which will now govern cases that are eligible to file for adjustment of status in the United States.

There will be two charts per visa preference category:

Application Final Action Dates (dates when visas may finally be issued); andDates for Filing Applications (earliest dates when applicants may be able to apply).

Each month, USCIS will post the relevant DOS Visa Bulletin chart after determining whether additional visas are available. Applicants can use these charts to determine when they must file their Form I-485, Application to Register Permanent Residence or Adjust Status.

Anytime anyone enters the United States through consular processing or applies to adjust their status, it is important that s/he passes a criminal background check. When applying for legal permanent residence, also known as a “Green Card,” an immigrant can be denied entry or admission to the United States if s/he has committed a “crime involving moral turpitude” (“CIMT”).

A crime involving moral turpitude is defined as a crime that is “inherently base, evil, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general.” Generally, a crime involving moral turpitude requires evil intent. Examples include murder, manslaughter, rape, spousal abuse, child abuse, robbery, aggravated assault, theft, and fraud, among many others. However, a CIMT can also include crimes that may not seem so serious, but could ultimately affect your immigration case.

However, if you are applying for a green card and have committed a crime, there is a chance that you may qualify for an exception, which essentially “excuses” your criminal conviction. The “petty offense exception” is a waiver of this particular ground of inadmissibility. To qualify for the petty offense exception, you must meet certain criteria. For example, a CIMT is a petty offense if the maximum penalty that you could have received for committing the offense is exactly one year or less; and you personally were sentenced to no more than six months of imprisonment.

Additionally, please keep in mind that not all crimes are eligible for the petty offense exception. The petty offense exception can only apply to one offense, meaning that if you have committed two or more crimes involving moral turpitude, you will not be able to benefit from this exception, regardless of the maximum sentence and amount of time that you served.

It is important to have an experienced immigration attorney review your case if you have any type of criminal conviction, since the definitions of crimes for each state are different and specific details may determine whether a particular crime is a CIMT. However, if you do qualify, this form of immigration relief could potentially change your life for the better and allow you to remain in the United States and adjust status.

For more information or to set up a consultation with our experienced immigration attorney, please contact our office.

Advance parole (Form I-131) is an immigration document issued by the United States that allows foreign qualified nationals to re-enter the United States after temporarily traveling abroad. Individuals who are not U.S. citizens, do not have valid immigrant visas, and have pending applications for certain immigration benefits are required to apply for a travel document and be approved for Advance Parole prior to leaving the United States, in order to avoid termination of their pending applications.

However, in situations in which Deferred Action for Childhood Arrivals (“DACA”) recipients are applying for Advance Parole, the applicant must apply for and receive DACA approval prior to applying. DACA recipients must provide as much evidence as possible to explain the purpose of intended travel abroad. In order to receive advance parole, a DACA recipient generally must show that s/he is traveling abroad for humanitarian, employment, or educational purposes. Generally, USCIS will only grant advance parole if your travel abroad will be in furtherance of:

humanitarian purposes, including travel to obtain medical treatment, attending funeral services for a family member, or visiting an ailing relative; educational purposes, such as semester-abroad programs and academic research, or; employment purposes, such as overseas assignments, interviews, conferences or, training, or meetings with clients overseas.

Please keep in mind that travel for vacation is not a valid basis for advance parole.

To apply for Advance Parole, a DACA recipient must submit Form I-131 to USCIS. The advance parole applicant must then submit proof of DACA status by either a copy of the USCIS Notice of Action (Form I-979) showing a DACA approval or a copy of an approval order, notice or letter from USCIS. The applicant must be able to explain the purpose of the trip and the countries the applicant plans to visit. In addition, the requester must submit evidence of the purpose of the trip, the intended date(s) of travel, and the duration of the trip(s). USCIS will determine each request on a case-by-case basis, so the more supporting documentation you have, the better.

Lastly, USCIS does not generally grant expedited requests for advance parole for DACA recipients. However, in a dire emergency, USCIS is willing to consider an expedited request at a local USCIS office.

http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-process/frequently-asked-questions.