TPS for Nicaragua Terminates 1/5/19 and TPS for Honduras extended to 7/5/2018

Madison, WI, USA- February 18, 2016 – group of people protesting new Wisconsin immigration laws

Acting Secretary of Homeland Security Elaine Duke announced her decision to terminate the Temporary Protected Status (TPS) designation for Nicaragua with a delayed effective date of 12 months to allow for an orderly transition before the designation terminates on January 5, 2019. She also determined that additional information is necessary regarding the TPS designation for Honduras, and therefore has made no determination regarding Honduras at this time. As a result of the inability to make a determination, the TPSdesignation for Honduras will be automatically extended for six months from the current January 5, 2018 date of expiration to the new expiration date of July 5, 2018.

The decision to terminate TPS for Nicaragua was made after a review of the conditions upon which the country’s original 1999 designation were based and whether those substantial but temporary conditions prevented Nicaragua from adequately handling the return of their nationals, as required by statute. There was also no request made by the Nicaraguan government to extend the current TPS status. Based on all available information, including recommendations received as part of an inter-agency consultation process, Acting Secretary Duke determined that those substantial but temporary conditions caused in Nicaragua by Hurricane Mitch no longer exist, and thus, under the applicable statute, the current TPS designation must be terminated.

To allow for an orderly transition, the effective date of the termination of TPS for Nicaragua will be delayed 12 months. This will provide time for individuals with TPS to seek an alternative lawful immigration status in the United States, if eligible, or, if necessary, arrange for their departure. It will also provide time for Nicaragua to prepare for the return and reintegration of their citizens. TPS for Nicaragua will terminate on January 5, 2019. (more…)

Lottery for Green Card open from October 18, 2017 – November 22, 2017

United States VISA in a european passport with stamps.

The visa lottery program will be accepting applications for the 2019 Diversity Visa Lottery program from October 18, 2017 to November 22, 2017.  Each year, the Diversity Visa Lottery program makes 50,000 permanent resident visas available to people from eligible countries.

The Department of State chooses the winners of the Diversity Visa Lottery program randomly through a computer-generated lottery drawing.  Anyone selected under the Diversity Visa Lottery program will be notified directly by the U.S. Department of State through the mail.  Applicants can check the status of their application to see if they are a winner by visiting www.dvlottery.state.gov.  If the winner is granted permanent residency, s/he will be authorized to live and work in the United States along with their spouse and children under age 21.  There are four basic entry requirements for the lottery for green card.

Native of Eligible Country: Applicants must be a native of an eligible country.  Natives from the following countries are NOT ELIGIBLE to apply because they sent more than 50,000 immigrants to the United States during the past five (5) years: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

If you were born in a country whose natives are ineligible but your spouse was born in a country whose natives are eligible, you can claim your spouse’s country of birth—provided that both you and your spouse are on the selected entry, are issued visas, and enter the United States simultaneously. Second, if you were born in a country whose natives are ineligible, but neither of your parents was born there or resided there at the time of your birth, you may claim nativity in one of your parents’ countries of birth if it is a country whose natives qualify.

Education or Work Experience: Applicants must have (more…)

100 Immigration Judges at Detention Facilities

The Department of Justice’s Executive Office for Immigration Review (EOIR) today released statistics on the impact of Executive Order (EO) 13767: Border Security and Immigration Enforcement Improvements, which called for Attorney General Jeff Sessions to assign immigration judges to immigration detention facilities.  GailLaw is seeing immigration cases at detention facilities being streamlined or moving fast and individuals being removed through removal orders much faster than in the past.

Pursuant to the President’s Executive Order, over 100 immigration judges have been mobilized to Department of Homeland Security detention facilities across the country, including along the southern border. This mobilization includes both in-person assignments and dockets heard via video teleconferencing (VTC). Comparing the results of the surge to historical scheduling and outcome data, EOIR has projected that the mobilized immigration judges have completed approximately 2,700 more cases than expected if the immigration judges had not been detailed.

This means that completed cases by detailed immigration judges have outpaced expected home court deferrals, resulting in a positive net effect on the nationwide caseload. Also, immigration judges mobilized to surge sites completed approximately 21 percent more cases on detail than the historical, expected performance of nondetailed immigration judges at the same base locations. “EOIR is pleased with the results of the surge of immigration judges to detention facilities and the potential impact it has on the pending caseload nationwide,” said Acting Director James McHenry. “The Justice Department will continue to identify ways in which it can further improve immigration judge productivity without compromising due process.” (more…)

Social Security Card Issued Automatically with Employment Authorization Document

U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration (SSA) have created a new partnership where foreign nationals can now apply for work authorization and a social security card 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 Card 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 social security card and number.

Now, applicants can apply for a social security card or replacement card without visiting a Social Security office. Effective immediately, USCIS will transmit the additional data collected on the Form I-765 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. (more…)

Fraudulent Misrepresentation presumed if Visitor marry within 90 days on entry into U.S.

Page of passport with visa

As of 09/18/2017, in a significant change of policy, Secretary of State Rex W. Tillerson wrote that visitors who enter the U.S. must follow through on their “stated plans” for at least three months. “Stated plans” means what they listed on their B-1/B-2 application, what they told the interviewing officer at the Embassy, and what they told the Custom and Border Protection (CBP) officer when they entered the U.S. at the airport.

If a visitor does something inconsistent with what they told the consular official or CBP officer — such as marry an American citizen, go to school or get a job — it will be presumed that they have deliberately lied or committed a fraudulent misrepresentation to gain an immigration benefit.  Such a lie would result in revocation of the B-1/B-2 visa, denial of a change in status, and possible deportation from the U.S.  A “lie” would also include booking an airline ticket for two weeks and stating to a CBP officer you will stay only two weeks in the U.S. and then once arrive in the U.S. changing your airline ticket to a longer period of time such as 3-6 months.

Changes of plans that occur after three months may still raise red flags and but are not presumed to be the result of “willful misrepresentation,” the cable said. Under previous rules, a change in plans was deemed to be a fraudulent misrepresentation only for the first month after arrival in the United States.

“If someone comes to the U.S. as a tourist, falls in love and gets married within 90 days and then applies for a green card, this means the application would be denied,” said Diane Rish, the associate director of government relations at the American Immigration Lawyers Association. “This is a significant policy change.” (more…)

Expanded Travel Ban on North Korea, Venezuela, etc.

According to the New York Times, starting next month, most citizens of Iran, Libya, Syria, Yemen, Somalia, Chad and North Korea will be indefinitely banned from entering the United States – yet another unconstitutional #Trumptravelban.  Citizens of Iraq and some groups of people in Venezuela who seek to visit the United States will face restrictions or heightened scrutiny.

The new order is more far-reaching than the president’s original travel ban, imposing permanent restrictions on travel, rather than the 90-day suspension that Mr. Trump authorized soon after taking office.

Students on F-1 visa or investor with E-1/E-2 or L-1 visas who are already in the United States can finish their studies and employees of businesses in the United States who are from the targeted countries may stay for as long as their existing visas remain valid. People whose visas expire will be subject to the travel ban.

The proclamation imposes the most severe restrictions on Syria and North Korea, which Mr. Trump says fail to cooperate with the United States in any respect. All citizens from those countries will be denied visas to enter the United States once the proclamation goes into effect.

For more information, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

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

DACA Expiration – Steps going forward…

On Sept. 5, 2017, the Trump administration announced the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA) that was initiated by President Obama.  Nearly 700,000 young immigrants who have no legal status in the U.S. benefit from DACA and have valid employment cards so they can work and attend college.  All DACA recipients have no criminal history and are law abiding young immigrants who entered the U.S. under the age of 15.  The Trump administration has indicated that he is willing to provide some protection to young immigrants but he wants Congress to pass a bill into law.  To date, no such legislation has been successfully passed into law and that is why President Obama executed an executive order implementing DACA.  Below are common questions about the DACA expiration.

Questions about DACA/Employment Card Phase-out:

  1. Can I renew my DACA before it ends in March 2018?  Yes, if your DACA expires between Sept. 5, 2017, and March 5, 2018, U.S. Citizenship and Immigration Services must receive your properly filed I-821D DACA renewal request on or before Oct. 5, 2017.
  2. What is my DACA expired before September 5, 2017 and I did not submit a renewal application? The DACA process is no longer available to you and you cannot file for renewal.
  3. What can I do is I lost my DACA employment card?  You can file to replace your lost DACA employment card.
  4. What will happen to current DACA holders?  Current DACA recipients will be permitted to retain both the period of deferred action and their employment authorization documents (EADs) until they expire, unless terminated or revoked. DACA benefits are generally valid for two years from the date of issuance.
  5. When DACA ends, will those cases be referred to ICE for enforcement/deportation? Information provided to U.S. Citizenship and Immigration Services (USCIS) in DACA requests will not be proactively provided to ICE and CBP for the purpose of immigration enforcement proceedings, unless the requestor meets the criteria for the issuance of a Notice to Appear or a referral to ICE (such as criminal conviction or meeting other grounds for removal).  This policy may be modified, superseded, or rescinded at any time.
  6. Can DACA recipients apply for advance parole to travel outside the U.S.?  Effective September 5, 2017, USCIS will no longer approve any new Form I-131 applications for advance parole.  USCIS will administratively close all pending Form I-131 applications for advance parole under standards associated with the DACA program, and will refund all associated fees.
  7. What is breakdown of DACA expiration due to DACA phase-out?  From August through December 2017, 201,678 individuals are set to have their DACA/EADs expire. In calendar year 2018, 275,344 individuals are set to have their DACA/EADs expire. From January through August 2019, 321,920 individuals are set to have their DACA/EADs expire.

For more information on DACA expiration, contact Gail Law Firm:

Email: Gail@GailLaw.com

Phone: 1-877-GAIL-LAW or 407-292-7730

www.MyOrlandoImmigrationLawyer.com

FREE in-office consultation – FREE Live Chat

 

Copyright © Law Offices of Gail S. Seeram, 2017. All Rights Reserved.

Immigration Reform Under Trump – Impossible!

Trump’s  recent actions and words indicate that immigration reform under Trump presidency will be impossible.  His latest pardon of Arizona Sheriff Joe Arpaio, a racist who violated the Constitution in his mad pursuit of illegal immigrants is a strong indication of Trump stand on immigration – apprehending illegal immigrants even if in violation of the Constitution.  Also, Trump is threatening a government shutdown in terms of not approving the budget if the U.S.-Mexico border wall is not built.

In 2006, Congress unsuccessfully tried passing an immigration bill that required undocumented immigrants to pay a fine and any back taxes to apply for a six-year worker visa but the House did not vote to pass the bill.  Again, in 2013, an immigration bill that would grant a 13 year path to citizenship to unauthorized immigrants did not get enough votes to become law.

Immigration reform under Trump is highly unlikely since his priority is appealing to his “America First” base who have forgotten that their great-grandparents or great-great-grandparents were also  immigrants.  The only immigration reform under Trump is the inhumane treatment of humans whose only mistake is seeking a better life in the greatest country in the world!

For more information on immigration reform under Trump,

email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

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

Copyright © 2016, Law Offices of Gail S. Seeram. All Rights Reserved.

First Steps to Attaining U.S. Citizenship in Orlando

First Steps to Attaining U.S. Citizenship in Orlando

The Naturalization process is required if you want to become a U.S. citizen. Our immigration law office helps many clients attain citizenship in Orlando every year. We are honored to be a part of this exciting time in our clients lives and do our very best to make the process as smooth and simple for you as possible.

Here’s a quick look at the first steps you’ll need to complete in order to become a U.S. citizen.

Early Requirements For U.S. Citizenship Via Naturalization

  • Be 18 years of age or older.
  • Have held a Permanent Green Card for at least 5 years.
  • Able to read, write, and speak basic English.
  • Be of good moral character.

If you meet these four criteria, you can get started on your Naturalization process! The 10-step Naturalization process starts with filing Form N-400 “Application for Naturalization”.

What to Expect of the U.S. Naturalization Process

After you submit Form N-400, you will be contacted to arrange an interview and an English and Civics test. Once approved, you can take part in a naturalization ceremony and take the Oath of Allegiance!

Gail Seeram Helps Immigrants Attain Citizenship In Orlando

Immigration attorney, Gail Seeram, helps immigrants complete their Naturalization paperwork accurately and completely, ensure they meet all Naturalization eligibility requirements, and can provide moral support or clarification during the citizenship interview process. Attorney Seeram’s advice and assistance can ensure your application is not rejected or delayed due to missing or inaccurate information and that you have met all of the necessary requirements for becoming a U.S. citizen.

Learn more about how we can help you attain U.S. citizenship in Orlando by contacting

The Law Offices of Gail Seeram at 1-877-GAIL-LAW or 407-292-7730. We offer free, no-obligation phone and office

Fight Removal With Help From a Deportation Lawyer

If you have been notified that you are to be deported from the U.S. you may think there is no way you can avoid deportation, but that is not necessarily true. Immigration attorneys help their clients fight deportation and removal regularly. A deportation lawyer:

– Investigates the charges against you to ensure accuracy,

– Helps build your defense,

– Presents your case in front of the immigration judge, and

– Helps fill out all of the necessary forms to fight deportation.

Click here to learn more about deportation defense.

Deportation Defense At The Law Offices Of Gail Seeram

Gail Seeram is an Orlando immigration attorney with over 17 years of experience. She focuses exclusively on immigration law and helps hundreds of clients in the U.S. every year.

Deportation does not happen right away. There is a removal process that must be followed and you will have a chance to present your side of the situation. You stand a far better chance of convincing the immigration judge to rule against deportation if you have an immigration attorney helping you!

Immigration judges must rule on the evidence they are presented with. They cannot do research for you. They cannot build a legal argument for your case. They will not know anything about your circumstances beyond what you present. These are all things that our immigration lawyer will do for you.

Attorney Seeram will research the charges against you. She will examine all possible defense option. She will present evidence and arguments in your favor to the judge.

There are many ways you might be able to remain in the U.S. with an immigration attorney’s help. You may qualify for asylum. You may qualify for a Green Card. The charges against you may be false or inaccurate and thus invalidate the deportation.

The one thing we want you to remember is that you have options and you are not alone!

If you have received notice that you are to be deported or if you have been detained by ICE, contact our Orlando immigration law office right away. We will quickly evaluate your situation and recommend a best course of action to protect you and your family.

Call 1-877-GAIL-LAW or 407-292-7730 to schedule a free consultation.