Supreme Court Says TPS Is Not an Admission

On June 7, 2021, a unanimous Supreme Court ruled  that thousands of people living in the U.S. for humanitarian reasons under Temporary Protected Status (TPS) are ineligible to apply to become permanent residents.

Justice Elena Kagan wrote for the court that federal immigration law prohibits people who entered the country illegally and now have Temporary Protected Status from seeking “green cards” to remain in the country permanently.

The designation applies to people who come from countries ravaged by war or disaster. It protects them from deportation and allows them to work legally. There are 400,000 people from 12 countries with TPS status.

The outcome in a case involving a couple from El Salvador who have been in the U.S. since the 1990s turned on whether people who entered the country illegally and were given humanitarian protections were ever “admitted” into the United States under immigration law.

Kagan wrote that they were not. “The TPS program gives foreign nationals nonimmigrant status, but it does not admit them. So the conferral of TPS does not make an unlawful entrant…eligible” for a green card, she wrote.

The House of Representatives already has passed legislation that would make it possible for TPS recipients to become permanent residents, Kagan noted. The bill faces uncertain prospects in the Senate.

Federal courts around the country had come to conflicting decisions about whether the grant of TPS status was, by itself, enough to enable an immigrant to try to obtain permanent residency.

Former President Donald Trump tried to cancel the program for many immigrants, stoking fear they could be sent back to their homelands where they haven’t lived in many years.

This decision does not affect immigrants with TPS who initially entered the U.S. legally and then, say, overstayed their visa, Kagan noted. Because those people were legally admitted to the country and later were given humanitarian protections, they can seek to become permanent residents.

For more information on TPS,

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Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

What is Form I-9?

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.

Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must:

  • Have a completed Form I-9 on file for each person on their payroll who is required to complete the form;
  • Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
  • Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Do not complete Form I-9 for employees who are:

  • Employed for casual domestic work in a private home on a sporadic, irregular, or intermittent basis;
  • Independent contractors;
  • Employed by a contractor providing contract services (such as employee leasing or temporary agencies) and are providing labor to you; or
  • Not physically working on U.S. soil.

For more information on Form I-9,

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Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

Reuse Biometrics Notices from USCIS

In an effort to overcome huge delays in capturing biometrics of applicants, U.S. Citizenship and Immigration Services (USCIS) will reuse biometrics previously submitted by applicants in order to process pending immigration applications.  Applicants who receive a notice stating that USCIS will reuse biometrics will NOT receive an appointment for fingerprints or photos.

Some applicants are waiting 8-9 months for a biometrics appointment post-COVID when the timeframe was 2-3 months pre-COVID.  The delay in scheduling appointments for biometrics (fingerprints and digital photo) is resulting in a delay in issuing work permits and other documents that require background checks.

Thousands of biometrics appointments were canceled during the coronavirus pandemic and USCIS said it would reschedule them once it normalized operations. But many applicants have yet to receive their rescheduled or new appointment, and their immigration processes have thus been delayed.

Approximately 1.3 million applications for immigration benefits are awaiting biometrics appointments as of mid-December 2020, the Department of Homeland Security agency said.  Roughly 280,000 immigrants saw their appointments canceled between March 2020 and June 2020.

The good news, though, is that given these challenges, when authorized by law, USCIS will reuse biometrics previously collected biometric data to conduct background and security checks — therefore some immigrants will be able to skip the biometrics appointment.

For more information on Reuse Biometrics Notices from USCIS,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

India Travel Ban to U.S. and Options Entering & Leaving India

Effective May 4the entry into the United States of certain nonimmigrant travelers who have been physically present in India is suspended.  U.S. citizens, lawful permanent residents (LPR), and immigrants are not subject to the proclamation.  The suspension of entry also does not apply to non-U.S. citizen spouses or unmarried children under the age of 21 of U.S. citizens and legal permanent residents.

** We encourage U.S. citizens who wish to depart India to take advantage of currently available commercial flights.  Airlines continue to operate multiple direct flights weekly from India to the United States.  Additional flight options remain available via transfers in Paris, Frankfurt, and Doha.  In general, the U.S. embassy and consulates in India may not assist U.S. citizens in finding commercial flights.  If your first choice of travel date is not available, please expand your search options.

*** Effective January 26, all incoming airline passengers to the United States aged two years and older must provide results of a negative COVID-19 viral test taken within three calendar days of travel.  Alternatively, travelers to the United States may provide documentation from a licensed healthcare provider of having recovered from COVID-19 in the 90 days preceding travel.

Country-Specific Information

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All Immigrants (legal or illegal) can get COVID vaccine

 

All persons, regardless of immigration status should and can get the COVID vaccine.

The Department of Homeland Security (DHS) made this clear in a statement released on February 1, just as vaccine production was beginning to ramp up:

“DHS and its Federal government partners fully support equal access to the COVID-19 vaccines and vaccine distribution sites for undocumented immigrants. …DHS encourages all individuals, regardless of immigration status, to receive the COVID-19 vaccine once eligible under local distribution guidelines.”

Though there have been some disinformation campaigns designed to scare undocumented immigrants out of getting the vaccine, people don’t need to be concerned. DHS went on to say that no enforcement operations would be conducted at or near vaccination distribution sites or clinics, consistent with the “sensitive locations” policy.

The Centers for Disease Control and Prevention (CDC) guidelines prohibits vaccination workers from turning people away for failure to produce specific identification documents or inquire about immigration status.  Also, the CDC has made the vaccine available to all people at no cost, meaning you can still get the COVID vaccine if you are uninsured or have no health insurance.

Ensuring immigrants get vaccinated is a priority—over 4 million work in essential services like health care and social service industries. And vaccinating the greatest amount of people will make everyone safer.

Getting the immigrant population vaccinated must be a priority, especially since many were left out of previous COVID-19 relief but were still relied upon to keep our economy moving. We have both a public health and moral obligation to ensure that everyone who wants a vaccine can get one safely and easily.

For more information on COVID vaccine for all immigrants,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

Form I-944 Public Charge No Longer Required

March 8, 2021 – The U.S. Department of Homeland Security announced that it will no longer pursue appellate review of judicial decisions invalidating the 2019 public charge final rule that required Form I-944 to be filed by immigrant beneficiaries to prove self-sufficiency. As a result, the U.S. Department of Justice filed a joint motion to dismiss the petition for certiorari in the U.S. Supreme Court, as well as joint motions to dismiss appeals in various circuit courts, all of which have been granted.

As such, the district courts either enjoining the rule or permanently vacating the rule per the Cook County case, will become the law of the land. U.S. Department of Homeland Security announced that, once the rule is permanently vacated, it will follow the 1999 interim field guidance on the public charge inadmissibility provision, at which time the Form I-944 will no longer be required.

For more information on Form I-944 Public Charge

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

Venezuelans Given Temporary Protected Status (TPS) in U.S. for 18 Months

March 8, 2021: The Department of Homeland Security today announced the designation of Venezuela for Temporary Protected Status (TPS) for 18 months, effective March 9, 2021, through Sept. 9, 2022.  Individuals desiring TPS must file an application with U.S. Citizenship and Immigration Services within the 180-day registration period. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility.

This designation is due to extraordinary and temporary conditions in Venezuela that prevent nationals from returning safely, including a complex humanitarian crisis marked by widespread hunger and malnutrition, a growing influence and presence of non-state armed groups, repression, and a crumbling infrastructure. TPS can be extended to a country with conditions that fall into one, or more, of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

“The living conditions in Venezuela reveal a country in turmoil, unable to protect its own citizens,” said Secretary Mayorkas.  “It is in times of extraordinary and temporary circumstances like these that the United States steps forward to support eligible Venezuelan nationals already present here, while their home country seeks to right itself out of the current crises.”

Venezuelans given Temporary Protected Status (TPS) in U.S. for 18 months must demonstrate continuous residence in the United States as of March 8, 2021. For their own health and safety, individuals should not believe smugglers or others claiming the border is now open. Due to the pandemic, travel and admission restrictions at the border remain in place.

For more information on Venezuelans given Temporary Protected Status,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

2020 Citizenship Test REVOKED/CANCELED – Revert to 2008 Citizenship Test

2/22/2021 – U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.  CLICK VIDEO BELOW TO VIEW 2008 CITIZENSHIP TEST QUESTIONS

On Dec. 1, 2020, USCIS implemented a revised naturalization civics test (2020 civics test) as part of a decennial test review and update process. USCIS determined the 2020 civics test development process, content, testing procedures, and implementation schedule may inadvertently create potential barriers to the naturalization process. This action is consistent with the framework of the Executive Order on Restoring Faith in Our Legal Immigration Systems, which directs a comprehensive review of the naturalization process to eliminate barriers and make the process more accessible to all eligible individuals.

The 2008 civics test was thoroughly developed over a multi-year period with the input of more than 150 organizations, which included English as a second language experts, educators, and historians, and was piloted before its implementation. USCIS aspires to make the process as accessible as possible as directed by President Biden’s request to review the process thoroughly.

The civics test is administered to applicants who apply for U.S. citizenship through naturalization and is one of the statutory requirements for naturalizing. Applicants must demonstrate a knowledge and understanding of the fundamentals of the history, principles, and form of government of the United States. The decision to naturalize demonstrates an investment in and commitment to this country. USCIS is committed to administering a test that is an instrument of civic learning and fosters civic integration as part of the test preparation process.

Applicants who filed their application for naturalization on or after Dec. 1, 2020, and before March 1, 2021, likely have been studying for the 2020 test; therefore, USCIS will give these applicants the option to take either the 2020 civics test or the 2008 civics test. There will be a transition period where both tests are being offered. The 2020 test will be phased out on April 19, 2021, for initial test takers. Applicants filing on or after March 1, 2021, will take the 2008 civics test.

For more information on 2020 Citizenship Test

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

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Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.

Biden Order for Family Reunification for Children Separated at Border & Repairing Immigration System

February 2, 2021 – President Biden signed several executive orders that begin to rectify some of the most devastating policies of the Trump administration such as children separated at the border from their parents.

Here is what you need to know about these executive orders:

1. The Family Reunification Task Force

Hundreds of children are still separated from their families in the aftermath of Trump’s zero tolerance policy. Government officials had no plan to keep track of families after the initial separations, making reunification efforts even more difficult.

Biden’s executive order establishes the Family Reunification Task Force, which will work to reunite families after years of unjust, cruel separation.


2. Addressing the Root Causes of Migration and Restoring the Asylum System

President Biden will implement a multi-pronged plan to ensure safe, lawful, and orderly migration to the United States. The administration will examine the root causes of migration to better understand what causes people to flee their homes.

It will also collaborate with foreign governments, international organizations, and nonprofits to build other countries’ capacity to provide asylum protections.

The Department of Homeland Security has been instructed to rescind multiple Trump administration policies that have effectively closed the U.S. asylum process. This will include a thorough review of the so-called Migrant Protection Protocols.


3. Repairing the Legal Immigration System 

All recent regulations, policies, and guidance that have limited legal immigration will go through a full review, including the USCIS fee hike, public charge rule, and health insurance proclamation.

The executive order also reestablishes the Task Force on New Americans, which will focus on promoting immigrant integration and inclusion.


In less than two weeks, the Biden administration has signaled the arrival of a new era for immigrants.

A great deal of work remains to be done—but these recent actions represent a welcome shift away from the politics of division, racism, and xenophobia.

For more information on children separated at the border,

text/call 407-292-7730 | whatsapp 407-353-1363 |email gail@gaillaw.com

FREE phone & in-office consultation – FREE Live Chat www.GailLaw.com

Copyright © 2021, Law Offices of Gail S. Seeram. All Rights Reserved.