Immigration Newsletter

Friday, January 19, 2018

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

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



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 Attorneys, Manchester Metro, NH
(603) 644-3739 or www.drewpllc.com

Monday, January 15, 2018

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


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 Attorneys, Manchester Metro, NH (603) 644-3739 or www.drewpllc.com

Thursday, December 21, 2017

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

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



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 Attorneys, Manchester Metro, NH
(603) 644-3739 or www.drewpllc.com

Monday, October 2, 2017

Employment Authorization Document (EAD) and SSN in one application

WASHINGTON – Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA), foreign nationals in certain categories or classifications can now apply for work authorization and a social security number using a single form – the updated Form I-765, Application for Employment Authorization.
To lawfully work in the United States, foreign workers in some categories and classifications need both an employment authorization document (EAD) from USCIS, and a Social Security number (SSN) from the SSA. Previously, applicants needed to submit a Form I-765 to USCIS for an EAD, and then submit additional paperwork in-person at their local Social Security office to obtain an SSN.
The revised USCIS form includes additional questions that allow applicants to apply for an SSN or replacement card without visiting a Social Security office. Starting today, USCIS will transmit the additional data collected on the form to the SSA for processing. Moving forward, applicants who receive their approved EADs from USCIS should receive their Social Security card from SSA within the following two weeks.
EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. SSNs are used to report wages to the government, and to determine an individual’s eligibility for certain benefits. USCIS encourages all U.S. employers to verify the employment eligibility of all new hires through E-Verify.
For additional information on applying for employment authorization, visit USCIS’ EAD page or call the USCIS National Customer Service Center.
For more information on applying for a Social Security card, see this fact sheet.
For more information about USCIS and its programs, please visit uscis.gov or follow us on Twitter (@uscis), YouTube (/uscis), Instagram (@uscis), and Facebook (/uscis).

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

Friday, August 18, 2017

Automatic Employment Authorization Document (EAD) Extension | USCIS

Automatic Employment Authorization Document (EAD) Extension | USCIS



from USCIS.gov



Automatic Employment Authorization Document (EAD) Extension

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 Attorneys, Manchester Metro, NH (603) 644-3739 or www.drewpllc.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