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If you are afraid you have missed the one year filing deadline for asylum, please reach out to us.  You may still be eligible!

*Please note that this blog post does not constitute legal advice. Please consult with a qualified attorney to discuss your immigration matters.

On March 29, 2018, in Mendez Rojas v. Johnson, the U.S. District Court for the District Court of Washington issued an important decision in favor of asylum applicants regarding the one-year asylum filing deadline. The government appealed this decision to the 9th Circuit Court of Appeals but while the appeal is pending, they have agreed to accept asylum applications as timely for two groups of individuals.

The first group of individuals who are covered by the Mendez Rojas v. Johnson case meet the following criteria:

• Have been found to have a credible fear of persecution as defined by the immigration laws of the United States;
• Have been or will be released from DHS custody;
• Did not receive a notice from DHS of the one-year filing deadline for asylum applications; and
• Have not filed an asylum application or filed an asylum application more than one year after their arrival in the United States.

The second group of individuals who are covered by Mendez Rojas v. Johnson meet the following criteria:

• Have been or will be detained by DHS upon their arrival to the United States;
• Have expressed a fear of returning to their home country to a DHS official;
• Have been or will be released from custody without a credible fear interview;
• Are issued a Notice to Appear;
• Did not receive a notice from DHS of the one-year filing deadline for asylum applications; and
• Have not filed an asylum application or filed an asylum application more than one year after their arrival in the United States.

If you belong to either group, the immigration court or USCIS should find that your asylum application is timely. Even if you don’t belong to one of these classes and it has been more than one year since your arrival in the United States, you may meet an exception to the one-year filing deadline. 

Immigration application fees remain unchanged. On September 29, 2020, a federal judge in California barred the federal government from raising immigration application fees just a few days before the changes were set to take effect. Judge White temporarily blocked the fee increases finding that Homeland Security Chief Chad Wolf was likely inappropriately appointed. Judge White also found that the increase in immigration fees would harm the public because it would prevent vulnerable and low-income applicants from applying for immigration benefits. 

Then, on October 9, 2020, a D.C. federal judge also temporarily blocked the federal government from raising immigration application fees. Similar to the California decision, Judge Moss found that acting Homeland Security Chief Chad Wolf was likely inappropriately appointed. Mr. Wolf finalized the fee increase while likely inappropriately appointed as Security Chief. 

Some notable fee changes include raising the N-400 Naturalization fee from $640 to $1160; setting a $50 fee for asylum applications; raising the fee for I-765 Employment Authorization applications from $410 to $550; and raising the fee for I-601A waiver applications from $630 to $960.    

The dramatic increase in application fees would severely harm low-income immigrants for which immigration relief would be cost-prohibitive. A temporary block on the fee increase rule offers an opportunity for immigrants to apply for relief. 

This is an overview of the proposed fee increase and the ongoing litigation to stop the fee increase. This post does not constitute legal advice. Please schedule a consultation with Aparisi Law to discuss your case. 

What is a U Visa? 

Individuals who have been victims of qualifying criminal activity are entitled to a U visa. A key element to qualify for a U Visa is that you must have suffered a substantial physical or mental injury.

In order to be eligible for a U Visa, the following requirements must be satisfied: 

• You are the victim of a qualifying criminal activity; 
• You’ve suffered physical or mental abuse as a result of being a victim of this crime; 
• You have information about the criminal activity and were helpful to the police or another government agency in investigating or prosecuting the crime; 
• The crime happened in the United States or violated United States law; 
• You are admissible to the United States or you are eligible for a waiver of inadmissibility.

What are examples of qualifying criminal activity? 

• Abusive Sexual Contact
• Blackmail
• Domestic Violence
• Felonious Assault
• Kidnapping
• Rape
• Sexual Assault 
• Stalking
• Trafficking
• Witness Tampering 

You can view the full list here.

What is the application process like? 

First, a government agency investigating or prosecuting the qualifying criminal activity must sign a certification stating that you have been helpful to the investigation or prosecution. Next, you must submit the application form, evidence of the harm you suffered, and a personal statement describing the harm. 

Who can qualify as a derivative in your application? 

Some qualifying family members can be included as derivatives on your U visa application based on their relationship to you. 

If you are over 21 years of age, you can include your spouse and your children. 

If you are under 21 years of age, you can include your spouse, children, parents, and any siblings who are under 18 years old. 

Your spouse’s martial relationship to you must exist at the time of filing. This means that you need to be married to a spouse at the time of filing the application. Only then can you include a spouse as a derivative. 

Can I become a legal permanent resident after obtaining a U visa? 

If you have had your U visa and been physically present in the United States for a continuous period of at least three years, you may be eligible to apply for legal permanent status.  

Is there an annual cap on U visas?  

USCIS can only provide a certain amount of visas to principal applicants each fiscal year. Only 10,000 visas can be provided annually. However, if the cap is reached before the end of the fiscal year, USCIS creates a waiting list of eligible applicants. Individuals on the waiting list can be granted deferred action. Waitlisted individuals are also eligible to apply for work authorization until additional U visas become available. 

There is no cap for family members who apply as derivatives.  

Please note that this is an overview of the U visa application process and does not constitute legal advice. If you have been the victim of a crime, please call Aparisi Law to schedule a consultation.

Without a doubt, the coronavirus pandemic has affected all aspects of daily life. Naturally, the pandemic did not leave the US immigration system untouched. The nationwide shutdown led many government agencies and public services to close. As a result of the obstacles the pandemic has presented, USCIS response times will be extended due to COVID-19. It has become difficult to obtain documents in support of pending immigration petitions. Thankfully, USCIS recognizes that there have been delays caused by the coronavirus pandemic. In light of this, it will provide an additional 60 days before issuing a decision regarding the following requests:

• Requests for Evidence;
• Continuations to Request Evidence (N-14);
• Notices of Intent to Deny;
• Notices of Intent to Revoke;
• Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers;
• Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant;
• Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA); or
• Filing date requirements for Form I-290B, Notice of Appeal or Motion.

Consequently, USCIS’s flexibility to respond to agency requests applies to all requests dated March 1, 2020 to January 1, 2021. The additional time in responding to agency requests will help ensure immigrants obtain documents in a timely fashion. Unfortunately, case processing delays may arise since USCIS response times will be extended. That said, please continue to work with Aparisi Law in obtaining the requested documents for your case.

*Please note that this blog post does not constitute legal advice. Please consult with a qualified attorney to discuss your matter.

Residency Under Attack for TPS Beneficiaries

The attacks on immigrants by the Trump administration continues.  There is a longstanding policy that allows TPS beneficiaries who travel while on advance parole to file for permanent residency. This policy allowing for an adjustment of status upon the return of traveling while on advance parole has now been reversed.  Here at Aparisi Law, we welcome this new legal battle to fight against the hateful injustices perpetrated by this administration.

The AAO Decision

Consequently, on August 20, 2020, USCIS adopted the Administrative Appeals Office (AAO) decision in Matter of Z-R-Z-C and issued a policy memorandum. This policy memorandum addressed the eligibility requirements for TPS holders to adjust their status after traveling abroad. The new USICS policy regards TPS beneficiaries who travel abroad after being granted advance parole abroad. Those being paroled back into the United States are said to not satisfy the “inspected and admitted or paroled” eligibility requirement. This requirement is necessary to adjust their status to lawful permanent residence. USCIS has stated that this policy will only apply to TPS holders who returned to the US after August 20, 2020.

Call Aparisi Law Today

As of right now, current TPS holders remain eligible to seek permission to travel abroad. However, this new USCIS policy affects TPS holders’ eligibility to adjust status after they return. While we disagree with the legal reasoning applied by USCIS, this policy remains in effect for now. Only a federal court injunction can deem the policy invalid. If you are a TPS holder who wants to apply for an adjustment of status, contact us. We will discuss with you how to challenge this policy in federal court. That, or other alternative options that might be available to you.

*Please note that this blog post does not constitute legal advice.  Please consult with a qualified attorney to discuss your matter.

Non-detained Hearings Have Resumed

Due to the Coronavirus pandemic, temporary immigration court and agency shutdowns occurred. Courts and agencies had shut down for any non-essential or non-emergency in-person services. If you had an interview, hearing or check-in appointment scheduled during the shutdown, the agency or court will reschedule it. 

Many U.S. immigration courts have resumed non-detained hearings and currently all non-detained hearings are scheduled to resume on August 10, 2020. In the local area, both the Baltimore and Arlington immigration courts have resumed non-detained hearings. Remember that the current operating status of the immigration courts is subject to change and more updated information can be found at the EOIR website.

All USCIS Offices are Open After Immigration Court and Agency Shutdowns

U.S. Citizenship & Immigration Services (USCIS) reopened for public services on June 4, 2020 and currently all USCIS offices are open. While USCIS has resumed in-person appointments and interviews, they have reduced the number of appointments and interviews. This is to allow for social distancing and proper cleaning procedures. Asylum offices are doing video-assisted interviews where the applicant will sit in one room and the office in another. Naturalization ceremonies have also resumed but attendance is limited to the individual naturalizing and those providing assistance to disabled persons. Please note that USCIS is requiring that those over the age of two wear face coverings and maintain social distancing. USCIS has stated that anyone feeling sick should not go to their appointment. Instead, they should request that their appointment be rescheduled. 

ICE Suspends In-Person Reporting

Immigration & Customs Enforcement (ICE) had suspended in-person reporting requirements as of March 18, 2020 for those on the alternative to detention (ATD) program. While ICE’s website provides guidance on reporting requirements during the pandemic, they do not have specific information for each ICE office. Now that immigration court and agency shutdowns are over, there have been some new developments.

Currently our office has information that the Baltimore ICE office has cancelled and postponed appointments until September 9, 2020. For those reporting in Baltimore who missed their check-in or had an appointment cancelled: please report to the Baltimore ICE office. You should begin reporting here beginning on September 9, 2020. Please note that these dates are subject to change. You should call your local ICE office for updated reporting information.

*Please note that this post does not constitute legal advice.

More troubling news comes from USCIS as it announced that it planned to manage production of Employment Authorization Documents and Permanent Resident Cards in-house. This abrupt change came about after USCIS announced in mid-June that it’s contract with a third-party printing company had ended and it would take on the task of printing these documents. However, in a statement USCIS announced it would be scaling down printing due to the agency’s financial situation and a hiring freeze. Some estimates show that as many as 50,000 green cards and 75,000 work permits have not been printed. This delay affects everyone who is either an initial applicant for a green card or work permit and those who are applying for renewals. 

This is troubling news for immigrants in the United States because these documents have far reaching implications in their daily lives. Individuals cannot work, obtain loans, or prove that they are in the country lawfully without their green cards or EADs. Understandably, immigrants are concerned about these processing delays because the law requires every adult legal permanent resident to carry their green card with them at all times. Failing to do so is considered a misdemeanor. These applications have already been approved and now, due to delays in printing, immigrants are left scrambling and with no indication of when they will receive their documents. In an announcement, USCIS would not speculate on the future projections or processing times leaving many immigrants wondering about just how long the wait for their documents will be. 

Unfortunately, this may not be a temporary delay in processing times because USCIS has announced it plans to furlough over 13,000 employees as of August 3. USCIS has requested  $1.2 billion from congress to keep the agency afloat. Without the funds, employees will remain furloughed until October 1, 2020. This would cause delays across the board because USCIS would essentially shut down. USCIS is funded almost entirely by fees, so it is no wonder that it is experiencing budgetary concerns in a time when the administration has taken steps to reduce immigration to the United States. Nonetheless, USCIS still plans to increase fees for applications starting November 14, 2020. 

If Congress does not approve the request, we can expect to see much longer processing times for all types of applications. In particular, USCIS many not timely process an influx of applications filed after the recent U.S. Supreme Court decision on DACA. Delays can also affect how many people are able to become U.S. citizens before the November elections.

Likewise, when the economy fully reopens, businesses may not be able to hire people back because they will not be able to prove that they can work legally. Despite the current delays, immigrants who are able to should continue to submit their applications to USCIS as soon as they can before the costs for filing fees increase and before additional delays come into play.  

Good Tidings from the Supreme Court

If you visit Joe Biden’s campaign website, his stance is clearly more immigrant-friendly and in favor of new DACA applicants than the Trump administration’s. For one, Biden’s campaign promises to reform visa programs for temporary workers in select industries, including agriculture. Biden also asserts that he would create a path to citizenship for the 4.4 million undocumented immigrants in the United States who pay about $23.6 billion a year to the IRS in tax dollars. Serious challenges to equality, such as the Muslim Ban would be overturned. Even the discriminatory criteria to not allow SNAP recipients to qualify for a green card would be struck down.

Biden’s campaign touches on many important issues that US immigration is currently facing. But no other topic is being as carefully watched as the status of DACA beneficiaries. This June, the Supreme Court ruled that the Trump administration could not end the DACA program because it did not provide valid legal justification for terminating it.

Guidelines for New DACA Applicants

Now, many people who could potentially qualify as new DACA applicants, are wondering if they too may benefit from the program.

You May Request DACA if You:

• Were under the age of 31 as of June 15, 2012;
• Came to the United States before reaching your 16th birthday;
• Have continuously resided in the United States since June 15, 2007, up to the present time;
• Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;
• Had no lawful status on June 15, 2012;
• Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and
• Have not been convicted of a felony, significant misdemeanor, or three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Age Guidelines

Anyone requesting DACA must have been under the age of 31 as of June 15, 2012. You must be at least 15 years or older to request DACA. 

A Temporary Reprieve

Keep in mind that the Supreme Court decision grants the DACA program a reprieve, not a solution. Trump has already made it clear that he will continue to pursue those in the DACA program.

Many young immigrants have been saved from deportation due to their DACA status. DACA status allows those who have come to the US without documentation as minors to carve out a life for themselves in the United States by allowing them work permits and a temporary lawful status.

Dreamers Still Under Threat

Although celebration is in order, potential new DACA applicants should still be guarded. Justice Roberts declared that “The dispute before the court is not whether DHS may rescind DACA. All parties agree that it may. The dispute is instead primarily about the procedure the agency followed in doing so”. Justice Roberts was joined by Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan in their opinion.

President Trump said that his administration would immediately begin filing the proper documentation to begin ending DACA anew. With so much at stake, it may be best to wait until the presidential election results before applying. New DACA applicants will have to weather the uncertainty of this administration until a better one can replace it.

Comparing Costs: Current vs. Proposed Fees

2020 has been a year of emotional roller coasters for immigrants seeking to come to the United States. Now, United States Citizenship and Immigration Services (USCIS) has proposed raising citizenship application fees by 80% and marriage-based green cards by 56%. Which means that possibly starting as soon as November 14, 2020 (when the final rule will be pending), applying for citizenship or residency may be financially out of reach for many.

Currently, applying for citizenship or marriage-based green cards costs the average applicant $640 and $1,760 respectively. USCIS will raise these fees to $1,170 for citizenship applications and $2,750 for marriage-based green cards. This is a sharp spike in cost, and some may not be able to pay it once USCIS makes these changes. Because of this, it may be crucial for some to act quickly in their best interest. By applying before the USCIS increases fees, you may be saving yourself uncertainty and hefty expenses. USCIS will now also impose more restrictions on fee waiver requirements, pushing many to weigh whether they should forge on ahead with the application process or wait until a better time to apply.

Legal Obstacles to Immigration

A better time to apply for green cards or visas is unlikely to appear in the near future. With an unpredictable administration at the helm of the White House, much has changed in very little time. The best time to apply for a visa or green card would be now, before the USCIS increases fees.

As USCIS has reopened after the first wave of COVID-19, there is no telling when they will close their doors again if another wave of the pandemic should hit. In the face of uncertainty, planning ahead may help save time and money down the line. This is something to consider as the Trump administration is not pulling any punches when it comes to immigration. One such example is that immigrants who use public benefits will no longer be able to use this fact as proof of low income in order to receive a fee waiver for applications.

Why USCIS Increases Fees 

USCIS will increase fees in order to stay afloat. Unlike other federal agencies, USCIS receives almost no tax dollars. It depends entirely upon the filing fees that immigrants pay in order to apply for visas, work permits, green cards, asylum, and any other forms offered. Due to the current climate of difficulty that is enveloping US immigration, both with the push back from an administration that is not fond of immigration and USCIS’ recent shutdown due to COVID-19, USCIS has had a rocky first half of the year.

In order to survive the economic damage caused by COVID-19 and the decrease in immigration, USCIS has had to increase its fees. Due to the constant roadblocks that the Trump administration places in immigrant’s paths it may feel as if you are being backed into a corner. But you should not forget that you do not have to face the US immigration process alone. With its complex and ever-changing nature, immigration law is both intricate and reactionary to social change, the whims of administrations, as well as public health crises.

Aparisi Law is currently offering three free consultations per day until June 30th in an effort to provide a window of opportunity for those who would like to expedite their visa or green card application. We are committed to giving immigrants a fighting chance at a start in a new country, and will represent you to the best of our abilities. Call a member of our  team today at (301) 562 -1416 to schedule a free consultation.