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November 16, 2013
  Petition to Designate Temporary Protected Status (TPS) to the Philippines
Posted By Ricky Malik

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.

Continue reading "Petition to Designate Temporary Protected Status (TPS) to the Philippines" »

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January 11, 2012
  TPS Work Authorization Automatically extended while application is pending
Posted By Ricky Malik

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 document - 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

Continue reading "TPS Work Authorization Automatically extended while application is pending" »

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December 03, 2011
  Children up to age 25 can file for VAWA self-petition
Posted By Ricky Malik

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 central 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.

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Children up to age 25 can file for VAWA self-petition" »

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December 01, 2011
  The Expansion of VAWA to include battered or abused parents of U.S. Citizens
Posted By Ricky Malik

USCIS released a memo addressing the ability of abused and battered parents of U.S. Citizens to file VAWA self-petitions. USCIS correctly interpreted the intent of Congress in the Immigration 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."

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "The Expansion of VAWA to include battered or abused parents of U.S. Citizens" »

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November 29, 2011
  Temporary Protected Status (TPS) renewal notices for Nicaragua and Honduras
Posted By Ricky Malik

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

TPS Honduras extension 2011

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Temporary Protected Status (TPS) renewal notices for Nicaragua and Honduras" »

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November 28, 2011
  USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will
Posted By Ricky Malik

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 receiving 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 that anytime USCIS can deny an application, they will place that person in deportation court.

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "USCIS Memo on Commencement of Removal Proceedings: Anytime we can put someone in Immigration Court, we will" »

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November 23, 2011
  Video Blog: VAWA (Violence Against Women Act)
Posted By Ricky Malik

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Video Blog: VAWA (Violence Against Women Act)" »

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November 17, 2011
  TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge
Posted By Ricky Malik

The Board of Immigraton Appeals in Matter of FIGUEROA determined 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

Continue reading "TPS applicants are not limited by evidence previously submitted, especially when renewing before the Immigration Judge" »

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November 15, 2011
  TPS adjustment no go in 11th Circuit
Posted By Ricky Malik

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

Serrano TPS 11th Circ

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "TPS adjustment no go in 11th Circuit" »

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November 11, 2011
  Video Blog: U Visas
Posted By Ricky Malik

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "Video Blog: U Visas" »

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August 30, 2011
  New Change in Immigration Policy (Prosecutorial Discretion Memos)
Posted By Ricky Malik

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 embedded 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 announced 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 prioritized 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 comprehensive 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 and contributions to the community, their family relationships and military service record."

Immigration Update Maximizing Public Safety and Better Focusing Resources The White House

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

Continue reading "New Change in Immigration Policy (Prosecutorial Discretion Memos)" »

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February 28, 2011
  The Office of Immigration Litigation's "Immigration Litigation Bulletin"
Posted By Ricky Malik

It sounds like a mouthful.  One of the divisions of the U.S. Government that represents the U.S. Department of Homeland Security before the Federal Courts (mainly the various Courts of Appeal) is the Office of Immigration Litigation (OIL).  Periodically, OIL publishes their Immigration Litigation Bulletin which was previously unavailable to the public until the Freedom of Information Act (FOIA) was applied to that division.

To view past Immigration Litigation Bulletins, click here.

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "The Office of Immigration Litigation's "Immigration Litigation Bulletin"" »

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February 27, 2011
  USCIS Memo: Revocation of VAWA-Based Self-Petitions
Posted By Ricky Malik

United States Citizenship & Immigration Services (USCIS) published a memo earlier this year indicating detailing when a Violence Against Women Act (VAWA) self petition can be revoked:  "If an officer in the field receives new information that was not available to the VSC at the time of the approval of a VAWA self-petition, and that new information leads the officer to reasonably believe that a VAWA self-petition should be revoked, the officer must write a memorandum to his or her Supervisory Immigration Service Officer (SISO) explaining why the VAWA self-petition should be reviewed for possible revocation."

We at the Law Offices of Ricky Malik, P.C. is very concerned that this memo will encourage USCIS to look for adverse information in interviews and in other contacts.

Ricky Malik, Esq.

www.rmlegal.com

Continue reading "USCIS Memo: Revocation of VAWA-Based Self-Petitions" »

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February 01, 2011
  TPS Memo clarifies which grounds of inadmissibility do not apply and waivers
Posted By Ricky Malik

USCIS issued a draft memo, open for comment until February 10, 2001 addressing which grounds of inadmissibility do NOT apply to Temporary Protected Status (TPS applicants).   The memo also briefly addresses situations where a TPS applicant may seek adjustment of status (a greencard).  Unfortunately, the draft memo seems to limit circumstances where adjustment of status may be sought. 

Ricky Malik, Esq.

Immigration Attorney

Continue reading "TPS Memo clarifies which grounds of inadmissibility do not apply and waivers" »

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January 24, 2011
  USCIS Issues Memo Clarifying Misdemeanor for TPS purposes
Posted By Ricky Malik

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 clarified that not all crimes are automatically misdemeanors, especially if offense 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

Continue reading "USCIS Issues Memo Clarifying Misdemeanor for TPS purposes" »

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January 10, 2011
  Board of Immigration Appeals issues TPS decision
Posted By Ricky Malik

The Board of Immigration Appeals held in Matter of Sosa Ventura, 25 I&N Dec. 391 (BIA 2010) that:

  1. A grant of Temporary Protected Status (“TPS”) waives certain grounds of inadmissibility or deportability solely for the limited purpose of permitting an alien to remain and work temporarily in the United States for the period of time that TPS is effective.
  2. It is not proper to terminate an alien’s removal proceedings based on a grant of TPS.

Ricky Malik, Esq.

Immigration Attorney

Continue reading "Board of Immigration Appeals issues TPS decision" »

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December 20, 2010
  U Visa Toolkit to assist law enforcement
Posted By Ricky Malik
Law_20Enforcement_20ToolKit_20U-Visa
Continue reading "U Visa Toolkit to assist law enforcement" »

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December 01, 2010
  AAO on Burden of Proof
Posted By Ricky Malik

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."

Ricky Malik, Esq.

Twitter: rmlegal

Continue reading "AAO on Burden of Proof" »

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October 21, 2010
  Immigration Delay in issuing Work Permits
Posted By Ricky Malik

USCIS announced that TPS registrants from El Salvador, Honduras and Nicaragua may not recieve their work permits until November 2010.

Untitled page

Continue reading "Immigration Delay in issuing Work Permits" »

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October 15, 2010
  4th Circuit: False claim to U.S. Citizenship on I-9 is material misrepresentation
Posted By Ricky Malik

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:

See also the Board of Immigration Appeals Decision in Matter of Olga BARCENAS-BARRERA, Cite as 25 I&N Dec. 40 (BIA 2009) holding that An alien who willfully and knowingly makes a false representation of birth in the United States on a passport application is inadmissible under section 212(a)(6)(C)(ii) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(6)(C)(ii) (2006), for making a false representation of United States citizenship.

Ricky Malik, Esq.

Continue reading "4th Circuit: False claim to U.S. Citizenship on I-9 is material misrepresentation" »

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October 05, 2010
  Diversity Visa 2012 registration opens!
Posted By Ricky Malik

Registration opens from 10/5/10 to Weds 11/3/10 for electronic registration on DS-5501.

If you are NOT from the following countries and wish to immigrate or possibly legalize your status in the United States, you should consider scheduling an appointment with my office to determine your eligibility:

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.

Ricky Malik, Esq.

Continue reading "Diversity Visa 2012 registration opens!" »

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October 05, 2010
  3rd & 4th Circuit Courts on Temporary Protected Status (TPS)
Posted By Ricky Malik

Recently the 3rd Circuit and previously the 4th Circuit Court of Appeals have issued precedential decisions pertaining to Temporary Protected Status (TPS).  Both decisions were limiting interpretations of the TPS regulations, thereby reducing the number of foreign national who are eligible for TPS.

The Fourth Circuit Court of Appeals which presides over Virginia, West Virginia, North Carolina, South Carolina found in Cervantes v. Holder, 597 F.3d 229 (4th Cir. 2010) that Petitioners, who were minor children, were ineligible for TPS because they could not satisfy the eligibility requirements of 8 U.S.C. § 1254a(c)(1)(A).  The Court felt the petitioners could not satisfy the "continuous physical presence" requirement for TPS, and further nor could they prove their "continuous residence" since the TPS designation date.  The Court rejected the notion that applicants only need prove such presence and residence since the "most recent designation" of TPS (which is renewed approximately every 12 to 18 months), and further rejected that the parents' residence is "imputed" on the children.  The theory of "imputation" or "derivative residence," though supported throughout in immigration laws, was rejected by the Fourth Circuit which distinguished between the concept of "domicile" with that of "residence."  The Court found that actual physical residence was actually required and could not be imputed to the child from parent.  Decision below:

Similarly, the Third Circuit Court of Appeals which presides over New Jersey, Pennsylvania and Delaware found that the “continuous residence” requirement cannot be met via imputation from parent to child and that the statutory term “most recent designation” applies to the original designation of a state for TPS and not to subsequent extensions. Petitioners need to personally satisfy the “continuous residence” and “continuous physical presence” requirements for statutory eligibility for TPS.

Ricky Malik, Esq.

greencard@mail.com

Continue reading "3rd & 4th Circuit Courts on Temporary Protected Status (TPS)" »

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September 21, 2010
  Earthquake Relief: Haitian students affected by 2010 Earthquake may apply for Work Permits
Posted By Ricky Malik

The Department of Homeland Security (DHS) will allow Haitian F-1 students who were in the United States on January 12, 2010 to apply for work permits. 

The DHS previously issued Temporary Protected Status (TPS) to Haitians in response to the devastating earthquake.  Haitian nationals holding F-1 nonimmigrant status or any other type of status should consider consulting with a competent attorney to determine if it is in their best interests to maintain their current status or change status to TPS.  TPS for example will not require a Haitiain F-1 student to continue to pay school fees if the Change of Status (COS) is granted.

For more click here.

Ricky Malik, Esq.

Continue reading "Earthquake Relief: Haitian students affected by 2010 Earthquake may apply for Work Permits" »

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August 20, 2010
  USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS
Posted By Ricky

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

Releases below in English & Spanish

 





Continue reading "USCIS Reminds Eligible Nationals of El Salvador to Re-Register for TPS" »

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August 14, 2010
  U and T visa Memo based on TVPRA 2008
Posted By Ricky

 

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.


Continue reading "U and T visa Memo based on TVPRA 2008" »

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July 31, 2010
  Will you get fired if your EAD (work permit) expires and you have TPS or DED?
Posted By Ricky

The U.S. Department of Justice's Civil Rights Division's Office of Special Counsel for Immigration-Related Unfair Employment Practices (quite a mouthful) released information pertaining to recent Temporary Protected Status (TPS) and Deferred Enforced Departure (DED) renewals. This information is designed to protect employees as well as to encourage employers to follow the law. 

Every TPS renewal period, our office is overwhelmed with calls from people who are threatened with termination if their work permits are not extended before their expiration.  For those with TPS and DED, this is generally a prohibited act by the employer as the Department of Homeland Security (DHS) usually automatically extends work authorizations for periods of 6 months. The excerpt and full document appear below.

If a current or new employee presents an EAD that has been automatically extended, an employer may not ask for additional documentation to prove work authorization, country of origin, or registration for program extensions.

Requesting more or different documents than are required by the I-9 process may violate the anti-discrimination provision of the Immigration and Nationality Act (INA).
 

Continue reading "Will you get fired if your EAD (work permit) expires and you have TPS or DED?" »

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July 20, 2010
  10,000 U Visas approved for fiscal year 2010. No more U Visas to be issued until October 1, 2010
Posted By Ricky
On July 15, 2010, U.S. Citizenship and Immigration Services (USCIS) announced it has approved 10,000 petitions for U nonimmigrant status (also referred to as the "U visa") in fiscal year 2010.   This is the first time that USCIS reached the statutory maximum of 10,000 U visas per fiscal year since it began issuing U visas in 2008.

USCIS will continue to accept and process new petitions for U nonimmigrant status and will issue a Notice of Conditional Approval to petitioners who are found eligible.

USCIS will resume issuing U visas for fiscal year 2011 on October 1, 2010. Conditionally approved petitioners on the waiting list will receive a U visa in the order in which the petition was initially filed. Petitioners who have received conditional approval must remain admissible and eligible for U nonimmigrant status while on the waiting list.
Continue reading "10,000 U Visas approved for fiscal year 2010. No more U Visas to be issued until October 1, 2010" »

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July 17, 2010
  Reminder of TPS Deadlines for Hondurans, Nicaraguans, Salvadorans and Haitians
Posted By Ricky
As a reminder to nationals and citizens from countries that were recently requried to register for TPS, the deadlines are as follows


El Salvador:  September 7, 2010

Haiti:  Extended through January 18, 2011

Hondurans: Late Registration Still Open (Regular Registration ended July 6, 2010)

Nicaragua: Late Registration Still Open (Regular Registration ended July 6, 2010)

Below are the latest USCIS releases reminding Hondurans & Nicaraguans, that even if they did not register by July 6, 2010, they may still be eligible for late registration.








 
Continue reading "Reminder of TPS Deadlines for Hondurans, Nicaraguans, Salvadorans and Haitians" »

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July 15, 2010
  18-Month Extension of Temporary Protected Status for El Salvador. Automatic 6 Month Extension for Employment Authorization
Posted By Ricky

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for eligible nationals of El Salvador from the current expiration of Sept. 9, 2010, through the new expiration date of March 9, 2012.

TPS El Salvador registration dates: July 9, 2010 until September 7, 2010.

It is best to re-register early to avoid any delay in benefits.

Ricky Malik, Esq.

Continue reading "18-Month Extension of Temporary Protected Status for El Salvador. Automatic 6 Month Extension for Employment Authorization" »

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July 14, 2010
  TPS Regulations 2010 as published in the Federal Register
Posted By Ricky

TPS Extension published in Federal Register July 2010 -

Ricky Malik, Esq.

Continue reading "TPS Regulations 2010 as published in the Federal Register" »

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July 14, 2010
  Temporary Protected Status (TPS) for Haiti extended through January 18, 2011
Posted By Ricky

On July 12, 2010,U.S. Citizenship & Immigration Services (USCIS) announced that the initial registration period for Haitian Temporary Protected Status (TPS) has been extended until January 18, 2011.

If you are a Haitian National or Citizen who continually resided in the United States from before January 10, 2010, you should consider contacting a competent Immigration Attorney to determine if you qualify for TPS registration.

To view the press release click here.

Ricky Malik, Esq.

Continue reading "Temporary Protected Status (TPS) for Haiti extended through January 18, 2011" »

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July 08, 2010
  TPS Extended for El Salvador
Posted By Ricky

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]."

Continue reading "TPS Extended for El Salvador" »

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May 14, 2010
  Late Temporary Protected Status (Late TPS)
Posted By Ricky

USCIS released guidance on how to apply for Late TPS in a question & answer format.  The relevant sections are as follows:

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:
    • Change of status;
    • Adjustment of status;
    • 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

Continue reading "Late Temporary Protected Status (Late TPS)" »

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May 14, 2010
  Temporary Protected Status (TPS)
Posted By Ricky

Temporary Protected Status is a humanitarian benefit provided by the Department of Homeland Security to nationals and citizens of a foreign country due to conditions in the country that 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. 

Immigration recently granted and continues to grant TPS to Haiti, El Salvador, Nicaraugua, Honduras to name a few.

Continue reading "Temporary Protected Status (TPS)" »

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May 05, 2010
  TPS Renewed for Nicaragua
Posted By Ricky

The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months, through Jan. 5, 2012, to eligible nationals of Nicaragua and people having no nationality who last habitually resided in Nicaragua.  This extension does not apply to Nicaraguans who entered the United States after Dec. 30, 1998. Certain nationals of Nicaragua who have not previously applied for TPS may be able to register under the late initial registration provisions. Further details on this extension of TPS for Nicaragua appear in the Federal Register Notice that announces this extension.

Ricky Malik

Immigration Attorney

www.rmlegal.com

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May 05, 2010
  TPS Renewed for Honduras
Posted By Ricky

The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months, through Jan. 5, 2012, to eligible nationals of Honduras and people having no nationality who last habitually resided in Honduras.  This extension does not apply to Hondurans who entered the United States after Dec. 30, 1998. Certain nationals of Honduras who have not previously applied for TPS may be able to register under the late initial registration provisions. Further details on this extension of TPS for Honduras appear in the Federal Register Notice that announces this extension.

Ricky Malik

Attorney at Law

www.rmlegal.com

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