Immigration Newsletter

Friday, January 19, 2018

Haitians to re-register for TPS between Jan. 18, 2018, and March 19, 2018.


Release Date: Jan. 18, 2018
Employment Authorization for Haitians with TPS Automatically Extended Until July 21, 2018
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that current beneficiaries of Temporary Protected Status (TPS) under Haiti’s designation who want to maintain that status through the program’s termination date of July 22, 2019, must re-register between Jan. 18, 2018, and March 19, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on uscis.gov/tps.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free for download on USCIS’ website at uscis.gov/tps.
USCIS will issue new EADs with a July 22, 2019, expiration date to eligible Haitian TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, however, USCIS is automatically extending the validity of EADs that show an expiration date of Jan. 22, 2018, for 180 days through July 21, 2018. Additionally, individuals who have EADs with an expiration date of July 22, 2017, and who applied for a new EAD during the last re-registration period but have not yet received their new EADs are also covered by this automatic extension. These individuals may show their EAD indicating a July 22, 2017, expiration date and their EAD application receipt (Notice of Action, Form I-797C) that notes the application was received on or after May 24, 2017, along with this statement, to employers as proof of continued employment authorization through July 21, 2018.
On Nov. 20, 2017, former Acting Secretary of Homeland Security Elaine Duke determined  that disaster-related conditions in Haiti, upon which the country’s original designation was based, no longer supported its designation for TPS and announced the termination of the status. The Acting Secretary made her decision to terminate TPS for Haiti after reviewing country conditions and consulting with appropriate U.S. government agencies. She also delayed the effective date of the termination for 18 months from the current expiration date of Jan. 22, 2018, to allow time for an orderly transition. As a result of the delayed effective date, Haiti’s TPS designation will end on July 22, 2019.  


Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Monday, January 15, 2018

Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction | USCIS

Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction | USCIS



Deferred Action for Childhood Arrivals: Response to January 2018 Preliminary Injunction

Jan. 13, 2018, Update:  Due to a federal court order, USCIS has resumed accepting requests to renew a grant of deferred action under DACA.  Until further notice, and unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017. 
Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D (PDF)Form I-765 (PDF), and Form I-765 Worksheet (PDF), with the appropriate fee or approved fee exemption request, at the USCIS designated filing location, and in accordance with the instructions to the Form I-821D (PDF) and Form I-765 (PDF).  USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA.  USCIS will not accept or approve advance parole requests from DACA recipients. 
If you previously received DACA and your DACA expired on or after Sept. 5, 2016, you may still file your DACA request as a renewal request.  Please list the date your prior DACA ended in the appropriate box on Part 1 of the Form I-821D.
If you previously received DACA and your DACA expired before Sept. 5, 2016, or your DACA was previously terminated at any time, you cannot request DACA as a renewal (because renewal requests typically must be submitted within one year of the expiration date of your last period of deferred action approved under DACA), but may nonetheless file a new initial DACA request in accordance with the Form I-821D and Form I-765 instructions. To assist USCIS with reviewing your DACA request for acceptance, if you are filing a new initial DACA request because your DACA expired before Sept. 5, 2016, or because it was terminated at any time, please list the date your prior DACA expired or was terminated on Part 1 of the Form I-821D, if available.
Deferred action is a discretionary determination to defer a removal action of an individual as an act of prosecutorial discretion.  Further, deferred action under DACA does not confer legal status upon an individual and may be terminated at any time, with or without a Notice of Intent to Terminate, at DHS’s discretion.  DACA requests will be adjudicated under the guidelines set forth in the June 15, 2012 DACA memo (PDF)
Additional information will be forthcoming.
Last Reviewed/Updated: 
 Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH
(603) 644-3739 or www.immigrationNH.com

Thursday, December 21, 2017

Re-Registration Period Now Open for Hondurans with Temporary Protected Status



Re-Registration Period Now Open for Hondurans with Temporary Protected Status

Release Date: 
WASHINGTON— Current beneficiaries of Temporary Protected Status (TPS) under Honduras’ designation who want to maintain that status through the current expiration date of July 5, 2018, must re-register between Dec. 15, 2017 and Feb. 13, 2018. Re-registration procedures, including how to renew employment authorization documentation, have been published in the Federal Register and on the USCIS website.
All applicants must submit Form I-821, Application for Temporary Protected Status. Applicants may also request an Employment Authorization Document (EAD) by submitting a completed Form I-765, Application for Employment Authorization, at the time of filing Form I-821, or separately at a later date. Both forms are free on USCIS’ website.
USCIS will issue Employment Authorization Documents (EAD) with a July 5, 2018 expiration date to eligible Honduran TPS beneficiaries who timely re-register and apply for EADs under this extension in accordance with the TPS Honduras Federal Register Notice.  Given the timeframes involved with processing TPS re-registration applications, however, DHS recognizes that not all re-registrants will receive new EADs before their current EADs expire on Jan. 5, 2018.  Accordingly, DHS has automatically extended the validity of EADs issued under the TPS designation of Honduras for 180 days, through July 4, 2018.   
In November, former Acting Secretary of Homeland Security Elaine Duke announced that she was not making a determination on Honduras’ TPS designation at that time. By operation of the TPS statute, this postponement automatically extended the current TPS designation for Honduras for six months – through July 5, 2018.  Duke concluded that additional time and information was necessary to make a determination on extension, redesignation, or termination of Honduras’ TPS designation.
During this six-month extension, individuals with TPS are encouraged to prepare for their return to Honduras in the event Honduras’ designation is not extended again, including requesting updated travel documents from the government of Honduras. 
At least 60 days before July 5, 2018, the Secretary will assess the country conditions in Honduras to determine whether to extend, redesignate, or terminate TPS for Honduras. Hondurans with TPS may wish to consult with qualified immigration attorneys or practitioners about their eligibility for another immigration status or benefit, or whether there is any other action they may want to take regarding their individual immigration circumstances.







Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Tuesday, March 7, 2017

USCIS Automatic Employment Authorization Document (EAD) Extension | USCIS

Automatic Employment Authorization Document (EAD) Extension | USCIS: Starting Jan. 17, 2017, USCIS is automatically extending certain expiring EADs for up to 180 days for applicants who:Properly filed for a renewal EAD before their current  EAD expired, and Are otherwise eligible for a renewal, which means that:

    • Your EAD renewal is under a category that is eligible for an automatic 180-day extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on this Notice of Action.  (Note:  If you are a TPS beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other).
We are doing so to help prevent gaps in employment authorization and documentation. This extension applies to Form I-765 renewal applications that are still pending on January 17, 2017, and to Form I-765 renewal applications filed on or after Jan. 17, 2017.

The following categories of EADs will be eligible for an automatic extension of up to 180 days:
The eligibility category you listed on your Form I-765 renewal application 
Description
(a)(3) 
Refugee
(a)(5) 
Asylee
(a)(7) 
N-8 or N-9
(a)(8) 
Citizen of Micronesia, Marshall Islands, or Palau
(a)(10) 
Withholding of Deportation or Removal Granted
(a)(12) 
Temporary Protected Status (TPS) Granted
(c)(8) 
Asylum Application Pending
(c)(9) 
Pending Adjustment of Status under Section 245 of the Act
(c)(10) 
Suspension of Deportation Applicants (filed before April 1, 1997)
Cancellation of Removal Applicants
Special Rule Cancellation of Removal Applicants Under NACARA
(c)(16) 
Creation of Record (Adjustment Based on Continuous Residence Since January 1, 1972)
(c)(19) 
Pending  initial application for TPS where USCIS determines applicant  is  prima facie eligible for TPS and can receive an EAD as a “temporary treatment benefit”. 
(c)(20) 
Section 210 Legalization (pending I-700)
(c)(22) 
Section 245A Legalization (pending I-687)
(c)(24) 
LIFE Legalization
(c)(31)
VAWA Self-Petitioners

NOTE:  TPS individuals may receive an automatic extension of their employment authorization:
  1. Through publication of a Federal Register notice extending the TPS designation of the individual’s country, provided that the Federal Register notice also authorizes an automatic extension of covered individuals’ existing EADs; and/or
  2. Through this 180-day automatic extension. 
Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Saturday, February 25, 2017

These Are Children, Not Bad Hombres - The New York Times

These Are Children, Not Bad Hombres - The New York Times



...But President Trump has decided to get tough on many of the 60,000 Central American children who arrive at our border each year begging for safety after fleeing some of the most dangerous places on earth. His executive orders, and memos from the Department of Homeland Security on how to interpret them, could strip this special treatment from the roughly 60 percent of unaccompanied children who have a parent already living in the United States. If Kendra and Roberto were just entering the United States now, they would fall into this group; instead they kept their protections and were eventually united with their mother, a house painter in Los Angeles.

Parents like her, the argument goes, are exploiting benefits established to help children who really are alone here. The administration has threatened to deport parents who send for their children or prosecute them for hiring smugglers.
Last week Mr. Trump’s press secretary said the president’s intention was to prioritize the deportation of immigrants who “represent a threat to public safety.” Supporters say he’s upholding the law. But these children are not threats, and there are many ways to preserve the integrity of our immigration laws while treating them humanely.
D.H.S. hasn’t fully explained how it will deal with children reclassified as “accompanied” if a parent steps forward to claim them. “There is a range of how bad this might be,” says Michelle Brané, director of the Migrant Rights and Justice Program at the Women’s Refugee Commission.
But it could be pretty bad. In recent years, up to 90 percent of unaccompanied Central American kids have willingly turned themselves over to Border Patrol agents, knowing they would be cared for. Now they will go to great lengths to avoid detection, walking through deserts for days, risking dehydration, or traveling stuffed into hidden compartments in cars or trucks, where they can suffocate.
Smuggling fees will escalate. When that happens, smugglers often collect half in the home country and require children to work off the other half as indentured servants. Experts expect to see more cases like the one in 2014, when federal agents rescued eight Guatemalan teenagers from a trailer park in Ohio, where they’d been held captive by smugglers and forced to work at an egg farm.
Children will be afraid to admit they have parents here, as they were in the late 1990s and early 2000s, when the government often told parents to retrieve apprehended children, only to deport the whole family when they showed up. 


To read the full story click on the link to NYT





 Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Tuesday, January 17, 2017

Mexico or America? A Couple, One of Them Undocumented, Weigh the Risks of Where to Live - The New York Times

Mexico or America? A Couple, One of Them Undocumented, Weigh the Risks of Where to Live - The New York Times












ontinue reading the main storyShare This Page

It just goes to show why comprehensive immigration reform should have been done a long time ago. Our government seems incapable of solving this dilemma.





Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Friday, November 18, 2016

Donald Trump’s Plan to Purge the Nation - The New York Times

Donald Trump’s Plan to Purge the Nation - The New York Times

President-elect Donald Trump says he will move immediately to deport or imprison two million, maybe three million, unauthorized-immigrant criminals. “What we are going to do is get the people that are criminal and have criminal records, gang members, drug dealers,” he said on Sunday on “60 Minutes.”

Like many of his proposals, this one sounds tough and straightforward, but makes no sense under scrutiny and is frightening to think about.

Start with the fact that the target number is made up. There simply aren’t as many criminal immigrants as he imagines. According to rough estimates by the Migration Policy Institute, of the country’s 11 million unauthorized immigrants, about 820,000 have criminal records. About 300,000 of those have felony convictions and are presumably the bad people Mr. Trump is talking about. If he deports those and only those, it will be a remarkable display of law-enforcement discretion, since he said that there were lots of “terrific people” among the unauthorized who might be allowed to stay, “after the border is secured and after everything gets normalized.”

click the link to read the rest of the Editorial at NYT

Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Wednesday, November 16, 2016

In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM) | USCIS

In-Country Refugee/Parole Processing for Minors in Honduras, El Salvador and Guatemala (Central American Minors – CAM) | USCIS: EspañolUpdate: On July 26, 2016, Department of State (DOS) and DHS announced that the CAM program would expand to include additional eligible family members. Starting November 15, 2016, DOS will acce

Drew Law Office, PLLC -- Immigration Attorneys, Manchester Metro, NH (603) 644-3739 or www.drewpllc.com

Tuesday, October 25, 2016

Adam Ruins Everything on US Immigration Courts



Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Tuesday, August 2, 2016

Syria Redesignated for Temporary Protected Status (TPS)


Release Date: 
WASHINGTON—Secretary of Homeland Security Jeh Johnson has redesignated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from Oct. 1, 2016, through March 31, 2018. This allows eligible nationals of Syria (or persons without nationality who last habitually resided in Syria) to register or re-register for TPS in accordance with the Federal Register notice published today.
Who is Eligible
Current TPS Status
When to File
Current TPS beneficiaries from Syria
Have TPS
To extend your TPS, you must re-register during the 60-day re-registration period that runs from Aug. 1, 2016, through Sept. 30, 2016.
Syrian nationals and persons without nationality who last habitually resided in Syria, who have:
  • Continuously resided in the United States since Aug. 1, 2016, and
  • Been continuously physically present in the United States since Oct. 1, 2016.
Do not have TPS
To obtain TPS, you may apply for TPS during the 180-day initial registration period that runs from Aug. 1, 2016, through Jan. 30, 2017.

Individuals re-registering for TPS:

Current beneficiaries under Syria’s TPS designation seeking to extend their TPS status must re-register during a 60-day period that runs from Aug. 1, 2016, through Sept. 30, 2016. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible.
The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Syria TPS beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of March 31, 2018. USCIS recognizes that some re-registrants may not receive their new EADs until after their current work permits expire. Therefore, USCIS is automatically extending current TPS Syria EADs with a Sept. 30, 2016, expiration date for an additional six months. These existing EADs are now valid through March 31, 2017.
To re-register, current TPS beneficiaries must submit:

Individuals applying for TPS for the first time:

For Syrian nationals (and persons having no nationality who last habitually resided in Syria) who do not currently have TPS, the TPS redesignation may allow them to apply for TPS if they have continuously resided in the United States since Aug. 1, 2016, and have been continuously physically present in the United States since Oct. 1, 2016. Applicants must meet all other TPS eligibility and filing requirements.
To apply for the first time, individuals must submit:
Individuals who still have a pending initial TPS application under Syria’s designation do not need to submit a new Form I-821. However, if they currently have a TPS-related EAD and want a new EAD, they should submit:
Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Thursday, June 23, 2016


http://www.nytimes.com/2016/06/24/us/immigration-obama-supreme-court.html?emc=edit_tnt_20160623&nlid=52713556&tntemail0=y&_r=0










Photo
President Obama signed his executive order on immigration aboard Air Force One in November 2014. On Thursday, the Supreme Court let stand a lower court ruling that he had overstepped his authority.CreditStephen Crowley/The New York Times

WASHINGTON — The assertion of presidential power was remarkable in scale. With the flick of a pen just before Thanksgiving in 2014, President Obama ordered that nearly five million illegal immigrants be allowed to “come out of the shadows” and work legally in the United States.
Standing at the same lectern where he had announced the death of Osama bin Laden three years earlier, Mr. Obama insisted in a speech to the nation that his plan for immigrants was a fully legal response to a Republican-controlled Congress that had refused his plea for an overhaul of the nation’s immigration laws.
But on Thursday, the Supreme Court disagreed. In a 4-to-4 decision, the justices let stand a lower court ruling that Mr. Obama had overstepped his authority. The decision freezes the president’s actions for the balance of his term, leaving the future of the program — and millions of undocumented workers — in limbo.
Click the link above to read the full article....
My personal view is that this was a very cowardly decision on the part of the US Supreme Court -- as evidenced by the fact that none of them wanted to sign it and so it was published as a one sentence Per Curiam opinion.


Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Monday, May 2, 2016

Republican Immigration Rhetoric Leaves Growing Latino Population Feeling Disenfranchised : NPR

Republican Immigration Rhetoric Leaves Growing Latino Population Feeling Disenfranchised : NPR



I doubt this will surprise anyone,  still it is a good read.





Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Wednesday, February 10, 2016


Join Diane Guerrero in Ending Deportations



Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Tuesday, December 29, 2015

Wednesday, December 9, 2015

Here is what the nearest USCIS Asylum office says it is working on:

Newark, NJ

                     Interviews are being scheduled for:         If your application was filed in:

                              November 2015        ------------------          June 2013
                              October 2015            ------------------          May ­ June 2013
                              September 2015        ------------------          May ­ June 2013






Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Wednesday, November 25, 2015

In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States

In-Country Refugee/Parole Program for Minors in El Salvador, Guatemala, and Honduras With Parents Lawfully Present in the United States

U.S. DEPARTMENT OF STATE and U.S. DEPARTMENT OF HOMELAND SECURITY
The United States is establishing an in-country refugee/parole program in El Salvador, Guatemala, and Honduras to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States. This program will allow certain parents who are lawfully present in the United States to request access to the U.S. Refugee Admissions Program for their children still in one of these three countries. Children who are found ineligible for refugee admission but still at risk of harm may be considered for parole on a case-by-case basis. The refugee/parole program will not be a pathway for undocumented parents to bring their children to the United States, but instead, the program will provide certain vulnerable, at-risk children an opportunity to be reunited with parents lawfully resident in the United States.
Applications for this program are initiated in the United States. Beginning in December 2014, a parent lawfully present in the United States will be able to file Department of State form DS-7699 requesting a refugee resettlement interview for unmarried children under 21 in El Salvador, Guatemala, or Honduras. Under certain circumstances, if the second parent resides with the child in the home country and is currently married to the lawfully present parent in the United States, the second parent may be added to the child’s petition and considered for refugee status, and if denied refugee status, for parole. Form DS-7699 must be filed with the assistance of a designated resettlement agency that works with the U.S. Department of State’s Bureau of Population, Refugees, and Migration to help resettle refugees in the United States. The form will not be available on the Department of State website to the general public and cannot be completed without the assistance of a Department of State-funded resettlement agency. These resettlement agencies are located in more than 180 communities throughout the United States. When the program is launched, the Department of State will provide information on how to contact one of these agencies to initiate an application.
Once a form DS-7699 has been filed, the child in his/her home country will be assisted through the program by the International Organization for Migration (IOM), which manages the U.S. Resettlement Support Center (RSC) in Latin America. IOM personnel from the RSC will contact each child directly and in the order in which the forms filed by lawfully present parents have been received by the U.S. Department of State. IOM will invite the children to attend pre-screening interviews in their country of origin in order to prepare them for a refugee interview with the Department of Homeland Security (DHS). DNA relationship testing will be required to confirm the biological relationship between the parent in the United States and the in-country child. After the IOM pre-screening interview but before the DHS interview, the lawfully present parent in the United States will be notified by IOM via the resettlement agency about how to submit DNA evidence of the relationship with their claimed child(ren) in El Salvador, Guatemala, or Honduras. If DNA relationship testing confirms the claimed relationship(s), IOM will schedule the DHS refugee interview.
DHS will conduct interviews with each child to determine whether he or she is eligible for refugee status and admissible to the United States. All applicants must complete all required security checks and obtain a medical clearance before they are approved to travel as a refugee to the United States. IOM will arrange travel for the refugee(s) to the United States. The parent of the child will sign a promissory note agreeing to repay the cost of travel to the United States. Approved refugees will be eligible for the same support provided to all refugees resettled in the United States, including assignment to a resettlement agency that will assist with reception and placement, and assistance registering children in school.
Applicants found by DHS to be ineligible for refugee status in the United States will be considered on a case-by-case basis for parole, which is a mechanism to allow someone who is otherwise inadmissible to come to the United States for urgent humanitarian reasons or significant public benefit. An individual considered for parole may be eligible for parole if DHS finds that the individual is at risk of harm, he/she clears all background vetting, there is no serious derogatory information, and someone has committed to financially support the individual while he/she is in the United States. Those children and any eligible parent considered for parole will be responsible for obtaining and paying for a medical clearance. An individual authorized parole will not be eligible for a travel loan but must book and pay for the flight to the United States. Parole is temporary and does not confer any permanent legal immigration status or path to permanent legal immigration status in the United States. Parolees are not eligible for medical and other benefits upon arrival in the United States, but are eligible to attend school and/or apply for employment authorization. Individuals authorized parole under this program generally will be authorized parole for an initial period of two years and may request renewal.
It is anticipated that a relatively small number of children from Central America will be admitted to the United States as refugees in FY 2015, given the anticipated December launch and the length of time it takes to be processed for U.S. refugee admission. Any child or parent admitted as a refugee will be included in the Latin America/Caribbean regional allocation of the U.S. Refugee Admissions Program, which is 4,000 for FY 2015. If needed, there is some flexibility within the U.S. Refugee Admissions Program to accommodate a higher than anticipated number from Latin America in FY 2015.

Designated Resettlement Agency in NH


Ascentria Community Services, Inc.
Address: 261 Sheep Davis Road, Suite A-1
Concord, NH 03301
Phone: 603-224-8111 Fax: 603-224-5473 


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Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com

Monday, November 16, 2015


http://www.npr.org/2015/11/13/455790454/as-asylum-seekers-swap-prison-beds-for-ankle-bracelets-same-firm-profits

This story is worth reading. It's not just the government inflicting unnecessary pain on individuals and families so that private corporations can profit. It appears to be a revolving door case as well, where a former high ranking government official is offered a (no doubt well compensated) position at a private firm due to their ability to land lucrative government contracts.

This is so wrong on so many levels.


Drew Law Office, PLLC -- Immigration Lawyers Metro Manchester NH (603) 644-3739 or www.immigrationNH.com