Friends, we started an online petition on a great website called www.change.org. In the aftermath of Super Typhoon Haiyan that devastated the Philippines and took the lives of thousands, we want President Obama and the Department of Homeland Security to designate Temporary Protected Status (TPS) to the Philippines.

The United States can grant TPS to a country that faces "extraordinary and temporary" conditions. It is usually designated when there is a massive natural disaster or incredible political turmoil. TPS was granted to Haiti after the devastating earthquake in 2010 and recently to Syria in light of the turmoil and unrest. The Philippines have experienced a disaster warranting TPS.

Please consider signing and sharing the petition.

Click here to sign the petition.

Thank you.

A lot can be determined by just looking at the category on a Lawful Permanent Resident (LPR) card.

Many Temporary Protected Status (TPS) applicants and especially their employers are concerned that their work permits expire while they are waiting for their new card. However, as in previous years, all TPS applicants work permits are automatically renewed as long as they file for their renewal timely.

This means that even if a TPS work permit (employment authorization docment - EAD) has an expired date on it, it is still valid due to the blanket automatic extension announced by immigration (USCIS). See the below documents that can be used by both employer and employees:

Federal Register:

Ricky Malik, Esq.

greencard@mail.com

Temporary Protected Status (TPS) for El Salvador has been renewed.

Applicants must register by March 12, 2012. USCIS notices, including Federal Register below:

Ricky Malik, Esq.

Immigration Attorney

The U Visa Regulations:

Ricky Malik, Esq.

www.rmlegal.com

USCIS issued a memo clarifying that a child continues to be eligible to file a VAWA self-petition beyond the age of 21, up to the age of 25, as long as the abuse was one of the cental reasons for the delay in filing. The abuse however must have occurred at the latest, on the day before the applicant turned 21 and the applicant must be unmarried even at the time of filing.

Full memo below:

Ricky Malik, Esq.

www.rmlegal.com

USCIS released a memo addressing the ability of abused and battered parents of U.S. Citizens to file VAWA self-petitions. USCIS correctly intrepreted the intent of Congress in the Immigraition and Nationality Act (INA) to include the ability to step parents and adoptive parents to self-petition:

"An abused parent, stepparent, or adoptive parent of a U.S. citizen is therefore eligible to apply for VAWA relief pursuant to 201(a)(1)(A)(vii) provided that the self petitioner is a “parent” (as defined in section 101(b)(2)) and has or had a qualifying relationship to a U.S. citizen son or daughter. Additionally, the qualifying relationship must have been in existence at the time of the abuse and at the time of filing."

Full memo:

Ricky Malik, Esq.

www.rmlegal.com

Notices and Federal Register for Temporary Protected Status (TPS) renewals for Nicaragua and Honduras.

TPS Honduras extension 2011

Ricky Malik, Esq.

www.rmlegal.com

United States Citizenship & Immigration Services (USCIS) issued a memo on November 7, 2011 providing guidelines to officers describing when a Notice to Appear (NTA) is to be issued. An NTA is the document that starts removal (deportation) proceedings against a non-citizen. It is sometimes referred to as the charging document and recieving one of these is usually bad news because it means the United States is trying to deport you. If you get an NTA which generally looks like the document below, it is best to quickly consult with a qualified immigration attorney.

The November 7, 2011 Memo below generally seems to indicate tha anytime USCIS can deny an application, they will place that person in deportation court.

Ricky Malik, Esq.

www.rmlegal.com

Ricky Malik, Esq.

www.rmlegal.com

The Board of Immigraiton Appeals in Matter of FIGUEROA detemined that "When an application for Temporary Protected Status that has been denied by the United States Citizenship and Immigration Services (“USCIS”) is renewed in removal proceedings, the Immigration Judge may consider any material and relevant evidence, regardless of whether the evidence was previously considered in proceedings before the USCIS."

Figueroa TPS

Ricky Malik, Esq.

www.rmlegal.com

The Eleventh Circuit Court of Appeals dealt a blow to the arugment that Temporary Protected Status (TPS) beneficiaries who entered initially without inspection can adjust status pursuant to INA 245(a). See decsion below in Serrano vs. Attorney General.

Serrano TPS 11th Circ

Ricky Malik, Esq.

www.rmlegal.com

Ricky Malik, Esq.

www.rmlegal.com

The Immigration world has been abuzz in recent weeks following releases from the White House and DHS. There has been a lot of "stuff" put out there and we want to help you get to the truth, using facts. To do so we need to understand the lead up.

On June 17, 2011, two memos were released by ICE chief, John Morton, (both embeded below), now known as the "Morton Memos":

• Exercising Prosecutorial Discretion Consistent with the Civil Immigration Enforcement Priorities of the Agency for the Apprehension, Detention, and Removal of Aliens, U.S. Immigration and Customs Enforcement.

prosecutorial-discretion-memo -

• Prosecutorial Discretion: Certain Victims, Witnesses, and Plaintiffs, U.S. Immigration and Customs Enforcement

On August 18, 2001, Department of Homeland Security Secretary, Janet Napolitano annonced the process of implementing the Prosecutorial Discretion (PD) memos in a letter to 22 Senators. Secretary Napolitano announced the creation of a special task force to review on a case by case basis the 300,000 plus people who are currently in removal (deportation) proceedings in order to determine if those who are prioritzed to be deported are indeed going to be removed. It is clear from the later paragraphs of the letter (below) that this is not an amnesty nor a compreshensive legalization program (So please beware of scams from notaries and lawyers alike).

That same day, the White House blogged stating the administration will not be "focusing our resources on deporting people who are low priorities for deportation. This includes individuals such as young people who were brought to this country as small children, and who know no other home. It also includes individuals such as military veterans and the spouses of active-duty military personnel...applying common sense guidelines to make these decisions, like a person’s ties andcontributions to the community, their family relationships and military service record."

We welcome ICE prioritizing removals rather than the deport 'em all policy we have seen in recent years. Only time will tell if this is political hot air or a meaningful change in policy enforcement.

Ricky Malik, Esq.

www.rmlegal.com

USCIS released a memo entitled "Temporary Protected Status Adjudications Involving "No Jail" or "No Incarceration" Certifications, and Reminder for Cases Involving Certain Potential Misdemeanors"

USCIS clarifed that not all crimes are automatically misdemeanors, especially if offesnse does not carry any jail or incarceration.  This may be positive news for many how are convicted of small offenses.

Consult with an experienced lawyer at the Law Offices of Ricky Malik, P.C. if you have lost your TPS or concerned you may lose it due to a minor infraction. 

Ricky Malik, Esq.

Immigration Attorney

The Administrative Appeals Office published a postive case that addressed burden of proof. Hopefully, USCIS adjudicators will use this case as their guide when deciding cases.  In Matter of Chawathe, 25 I&N Dec. 369 (AAO 2010) it was held that:

"In most administrative immigration proceedings, the applicant must prove by a preponderance of evidence that he or she is eligible for the benefit sought.

Even if the director has some doubt as to the truth, if the petitioner submits relevant, probative, and credible evidence that leads the director to believe that the claim is "more likely than not" or "probably" true, the applicant has satisfied the standard of proof. Matter of E-M-, 20 I&N Dec. 77, 79-80 (Comm'r  1989), followed.

If the director can articulate a material doubt, it is appropriate for the director to either request additional evidence or, if that doubt leads the director to believe that the claim is probably not true, deny the application or petition."

The Fourth Circuit, in an appeal of a criminal case, upheld a conviction for false claim of citizenship on an I-9 Form.  An I-9 is the form anyone seeking employment in the United States, and their employers, must complete in order to work.  In this case a former TPS holder's misrepresentation as a U.S. Citizen on the I-9 was deemed material.  US v. Garcia-Ochoa, 607 F. 3d 371:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM .

Remember, winning the lottery does not ensure you will be granted a greencard.  There are many factors to consider.  Full instructions below:




Ricky Malik, Esq.

USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS

Releases below in English & Spanish

William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008: Changes to T and U Nonimmigrant Status and Adjustment of Status Provisions; Revisions to Adjudicator’s Field Manual.

From the Federal Register:

"This Notice announces that the Secretary of Homeland Security has extended the designation of El Salvador for temporary protected status (TPS) for 18 months from its current expiration date of September 9, 2010, through March 9, 2012. This Notice also sets forth procedures necessary for nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) with TPS to re-register and to apply for an extension of their employment authorization documents (EADs) with U.S. Citizenship and Immigration Services (USCIS). Re-registration is limited to persons who previously registered for TPS under the designation of El Salvador and whose applications have been granted or remain pending. Certain nationals of El Salvador (or aliens having no nationality who last habitually resided in El Salvador) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions.

New EADs with a March 9, 2012, expiration date will be issued to eligible TPS beneficiaries who timely re-register and apply for EADs. Given the timeframes involved with processing TPS re-registration applications, the Department of Homeland Security recognizes the possibility that all re-registrants may not receive new EADs until after their current EADs expire on September 9, 2010. Accordingly, this Notice automatically extends the validity of EADs issued under the TPS designation of El Salvador for 6 months, through March 9, 2011, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended. DATES: The extension of the TPS designation of El Salvador is effective September 10, 2010, and will remain in effect through March 9, 2012. The 60-day re-registration period begins [Insert date of publication in the FEDERAL REGISTER], and will remain in effect until [Insert date 60 days from date of publication in the FEDERAL REGISTER]."

Q1.  Can a someone who was in the United States when their country was first designated for TPS, register for TPS now?
Yes, late initial registration is available in limited circumstances if you:

• are a national of the designated country, or an alien without nationality who last habitually resided in the designated country; AND
• have continuously resided in the United States since the initial designation; AND
• have been continuously physically present in the United States since designated date; AND
• satisfactorily complete the routine background checks required of all applicants; AND
• meet certain other admissibility and eligibility criteria as specified in section 244(c) of the INA, 8 USC 1254a(c), and regulations at 8 CFR 244.1-244.9; AND
• Meet the qualifying conditions listed below for late initial TPS registration.

Q2. What requirements or qualifying conditions do I need to meet to qualify for late initial registration?
To qualify for a late initial TPS registration application, you must also demonstrate that at the time of the initial registration period of the TPS designation you:

• were in a valid nonimmigrant status, or had been granted voluntary departure, or any relief from removal; OR
• had a pending application for:

o Change of status;
o Adjustment of status;
o Asylum; OR

• had voluntary departure; OR
• had any relief from removal pending or subject to further review or appeal; OR
• were a parolee or had a pending request for re-parole; OR
• were the spouse or child of an alien currently eligible to be a TPS registrant. (see 8 CFR 244.2(f)(2).

If you are applying for TPS for the first time under the  late initial registration provisions, you must register while one of the above qualifying conditions still exists, or no later than 60 days after the expiration or termination of the qualifying condition. The qualifying condition you seek to use for eligibility under late initial filing must have existed during the initial TPS registration period.

Q3. If I didn’t have a qualifying condition during the initial TPS registration period, but had it during the last re-registration (extension), am I eligible to submit a late initial filing for TPS now?
No. One of the qualifying conditions must have applied to you during the initial TPS registration periods.

Q4. If I am currently the spouse or child of someone granted TPS, but I did not apply for TPS during the initial registration period, can I submit a late initial filing now?
The family relationship must also have existed during the 1999 initial registration period. You must also meet all the basic TPS eligibility requirements. 

Late TPS registration is complicated and it would be best to contact our office to schedule a consultation with an experienced attorney.

Ricky Malik
Attorney at Law
www.rmlegal.com