ATTORNEY GENERAL MERRICK GARLAND VACATES ASYLUM PRECEDENTS THAT HARMED VICTIMS OF VIOLENCE

Attorney General Merrick Garland vacated two precedent decisions, Matter of A-B- and Matter of L-E-A-, both of which were issued by Attorneys General under the Trump administration and had arbitrarily overturned years of established case law. Under these decisions, the rules around who qualifies for asylum have been largely returned to where they were before former President Donald Trump took office.

By vacating these two decisions, AG Garland has restored access to asylum for many people fleeing persecution abroad, protections that had been gutted by the Trump administration.

GARLAND OVERTURNS TWO TRUMP-ERA RULES THAT MADE IT HARD FOR IMMIGRANTS TO WIN ASYLUM

Trump frequently referred to asylum as a “scam,” and an order by former Attorney General Jeff Sessions had made it difficult for victims of domestic violence or gang violence to qualify for asylum.

AILA President-Elect Jeremy McKinney stated, “This was the right decision by the Attorney General and one which helps victims of extreme violence. Today also hits home as it favorably impacts the ability of the asylum seekers I represent to remain safe. By reinforcing what was once settled law—that domestic & gang violence can fall within the ambit of asylum law, the Biden Administration is sending a powerful message that America is once again a refuge for those fleeing persecution and in need of humanitarian protection. These were two of many decisions the Trump Administration’s Department of Justice used to undermine and politicize the asylum process. We welcome this news and urge AG Garland to vacate other decisions which make it impossible for individuals to have a fair day in court.”

These decisions by AG Garland recognize the errors of the A-B- and L-E-A- line of cases and should strengthen the ability of adjudicators to grant asylum to individuals fleeing gender and family-based persecution in particular, and more broadly, to individual fleeing harm by non-state actors.

AILA Executive Director Benjamin Johnson added, “When someone’s own country cannot or will not keep them safe from persecution, American laws declare forcefully that we will protect them. With these decisions today, we are heading back in the right direction, aligning again with the fundamental values upon which our country was built. However, the fact that the Trump Administration was able to manipulate access to asylum in the manner it did, and that it took significant time and resources simply to revert to prior caselaw, shows why the immigration courts cannot remain under the control of the DOJ whose influence inherently weakens the courts’ ability to stand against politicized changes. An independent immigration judiciary would be far better suited to ensuring justice in these life and death cases.”

ORLANDO IMMIGRATION ASYLUM LAWYER

Asylum-seekers must show that they face a well-founded fear of persecution based on at least one of five protected grounds: race, religion, nationality, political opinion or membership in particular social group. According to Immigration lawyer Chad Brandt, “Matter of A-B and Matter of LEA VACATED today! This is huge for all cases, including pending appeals, because A-B is the case that deprived Central Americans of Asylum (gang violence) and anyone that’s claim is based upon domestic violence.”

Please contact our experienced Immigration law firm if you have any questions or concerns regarding new asylum precedents and how it may impact you and your family in the United States. Our firm is pleased to currently offer free initial telephonic consultations with our experienced immigration attorneys.

United States Immigration prosecutors have now been given broad discretion in which cases they decide to pursue or drop altogether, according to government guidance issued by chief ICE attorney John Trasviña. This guidance will assist in identifying opportunities at every stage of the immigration process to ensure the most just, fair, and legally appropriate outcome, whether that outcome is a grant of relief, an order of removal, or an exercise of discretion that allows the noncitizen to pursue immigration benefits outside the context of removal proceedings.

Trasviña has instructed his attorneys to follow the Biden administration’s priorities on focusing resources on public safety and national security threats, but also explained that prosecutors should consider an immigrant’s circumstances in cases. Trasviña wrote that prosecutors can assess someone’s ties in the United States, work history, or status as a victim or witness in a criminal proceeding when deciding whether to prosecute, dismiss, or delay cases.

Prioritization of finite agency resources is a consideration in all civil immigration enforcement and removal decisions, including but not limited to the following:

• Deciding whether to issue a detainer, or whether to assume custody of a noncitizen subject to a previously issued detainer;
• Deciding whether to issue, reissue, serve, file, or cancel a Notice to Appear (NT A);
• Deciding whether to focus resources only on administrative violations or conduct;
• Deciding whether to stop, question, or arrest a noncitizen for an administrative violation of the civil immigration laws;
• Deciding whether to detain or release from custody subject to conditions or on the individual‘s own recognizance;
• Deciding whether to settle, dismiss, oppose or join in a motion on a case, narrow the issues in dispute through stipulation, or pursue appeal in removal proceedings;
• Deciding when and under what circumstances to execute final orders of removal; and
• Deciding whether to grant defe1Ted action or parole.

“The Biden Administration has now provided immigrants who previously had little or no chance with a path forward to legalization,” according to Orlando Immigration Attorney Chad Brandt.
Brandt said immigrants should consult with an experienced immigration attorney immediately because “these are major changes that will help a lot of immigrants who had no solutions before but do now.”

The guidance issued by Trasviña aims to also reemphasize the concept of prosecutorial discretion.

“Prosecutorial discretion is an indispensable feature of any functioning legal system. The exercise of prosecutorial discretion, where appropriate, can preserve limited government resources, achieve just and fair outcomes in individual cases, and advance the department’s mission of administering and enforcing the immigration laws of the United States in a smart and sensible way that promotes public confidence,” Trasviña wrote in his guidance memo.

ORLANDO IMMIGRATION ATTORNEY

For more information on new Immigration enforcement and removal policies and priorities please contact our experienced Orlando Immigration Attorneys.

Effective May 17, 2021, U.S. Citizenship and Immigration Services will temporarily suspend the biometrics submission requirement for certain applicants filing Form I-539, Application To Extend/Change Nonimmigrant Status, requesting an extension of stay in or change of status to H-4, L-2, and E nonimmigrant status. USCIS will allow adjudications for those specific categories to proceed based on biographic information and related background checks, without capturing fingerprints and a photograph. This suspension will apply through May 17, 2023, subject to affirmative extension or revocation of the suspension period by the USCIS director.

This temporary suspension will apply to applicants filing Form I-539 requesting the following:

• Extension of stay in or change of status to H-4 nonimmigrant status;
• Extension of stay in or change of status to L-2 nonimmigrant status;
• Extension of stay in or change of status to E-1 nonimmigrant status;
• Extension of stay in or change of status to E-2 nonimmigrant status (including E-2C (E-2 CNMI Investor)); or
• Extension of stay in or change of status to E-3 nonimmigrant status (including those selecting E-3D).

This suspension will apply only to the above categories of Form I-539 applications that are either:

• Pending as of May 17, 2021, and have not yet received a biometric services appointment notice; or
• New applications postmarked or submitted electronically on or after May 17, 2021.

However, USCIS retains discretion on a case-by-case basis to require biometrics for applicants who meet the criteria above, and any applicant may be scheduled for an application support center (ASC) appointment to submit biometrics.

Form I-539 applicants who have already received a biometric services appointment notice should still attend their scheduled appointment.

Effective May 17, 2021, Form I-539 applicants meeting the criteria above are not required to submit the $85 biometric services fee for Form I-539 during the suspension period. USCIS will return a biometric services fee if submitted separately from the base fee. USCIS will allow a short grace period during which USCIS will not reject Form I-539 filed with the biometric services fee. USCIS will begin rejecting paper Form I-539 applications postmarked May 27, 2021, or later (while this suspension of the biometrics requirement is in effect), if applicants meeting the above criteria submit a single payment covering both the filing fee and the $85 biometrics services fee. If USCIS rejects the paper application because the applicant included the $85 biometrics service fee after the grace period, the applicant will need to re-file Form I-539 without the biometric services fee.

Background
Beginning March 2019, USCIS required certain Form I-539 applicants and co-applicants to appear in person at an ASC to submit their biometrics. In March 2020, USCIS temporarily suspended in-person services at its field offices, asylum offices, and ASCs to help slow the spread of COVID-19. Although ASCs have since reopened to the public, they are not yet operating at full appointment capacity due to necessary COVID-19 health and safety protocols. These temporary closures and capacity limitations at the ASCs, accompanied by other processing delays, created a substantial volume of cases awaiting biometrics appointments at ASCs.

The significant volume of pending cases related to Form I-539 are particularly impacting the timeframe for USCIS to adjudicate the related employment authorization applications (Form I-765, Application for Employment Authorization) for H-4 nonimmigrants (spouses and children of H-1B nonimmigrants), L-2 nonimmigrants (spouses and children of L-1 nonimmigrants), and certain E nonimmigrants (dependents of E-1, E-2 and E-3 principal nonimmigrants).

While DHS regulations provide for an automatic extension of employment authorization for certain EAD renewals, H-4, L-2, and E nonimmigrants are not included in the applicable automatic renewal provisions. Form I-765 cannot be approved until after the dependent spouse’s underlying H-4, L-2, or E nonimmigrant status is granted or extended upon approval of Form I-539.

Suspending biometrics requirements for 24 months for H-4, L-2, and E nonimmigrants filing Form I-539 who meet the criteria above will provide sufficient time for USCIS to address the processing delays that have been exacerbated by limited ASC capacity due to COVID-19 health and safety protocols. USCIS has decided to suspend biometrics submission for all H-4, L-2, and E nonimmigrants (in other words, both dependent spouses and children) filing Forms I-539 rather than limiting the suspension to only those dependent spouses who are also filing Form I-765 because it would not be operationally feasible to treat dependent children differently from dependent spouses. USCIS will continue to monitor ASC capacity and adjudication processing times for Form I-539 and Form I-765 and may adjust or extend this suspension as circumstances change.

USCIS has general authority to require the submission of biometrics from applicants, petitioners, and beneficiaries for immigration or naturalization benefits or requests. The Immigration and Nationality Act (INA) at section 103(a), 8 U.S.C. 1103(a), provides general authority for DHS to collect or require submission of biometrics. DHS regulations provide specific authority to require biometrics submission at 8 CFR 103.2(b)(9) and 103.16.

This alert is intended solely for the guidance of USCIS personnel in the performance of their official duties. It is not intended to, does not, and may not be relied upon to create any right or  benefit, substantive or procedural, enforceable at law, or by any individual or other party in removal proceedings, in litigation with the United States, or in any other form or manner.

ORLANDO IMMIGRATION ATTORNEY

Please contact our experienced Immigration law firm if you have any questions or concerns regarding United States Citizenship and Immigration Services. Our firm is pleased to offer an initial consultations at our Orlando office and via friendly remote video or audio sessions.

Source: USCIS

U.S. Citizenship and Immigration Services announced that F-1 students seeking optional practical training (OPT) can now file Form I-765, Application for Employment Authorization, online if they are filing under one of these categories:

(c)(3)(A) – Pre-Completion OPT;
(c)(3)(B) – Post-Completion OPT; and
(c)(3)(C) – 24-Month Extension of OPT for science, technology, engineering and mathematics (STEM) students.
OPT is temporary employment that is directly related to an F-1 student’s major area of study. Eligible students can apply to receive up to 12 months of OPT employment authorization before completing their academic studies (pre-completion) and/or after completing their academic studies (post-completion). Eligible F-1 students who receive STEM degrees may apply for a 24-month extension of their post-completion OPT.

“USCIS remains committed to maximizing our online filing capabilities,” said Senior Official Performing the Duties of USCIS Director Tracy Renaud. “The I-765 online filing option allows eligible students to file forms online in a more user-friendly fashion and increases efficiencies for adjudicators.”

The option to file Form I-765 online is only available to F-1 students filing Form I-765 for OPT. If an applicant submits Form I-765 online to request employment authorization on or after April 15, but is eligible for a different employment authorization category, USCIS will deny the application and retain the fee. As USCIS continues to transition to paperless operations, the agency will work to expand online filing for Form I-765 to additional categories.

Online filing allows applicants to submit forms electronically, check the status of their case anytime from anywhere, and receive notices from USCIS online instead of waiting for them in the mail. USCIS is using innovation and technology to meet the needs of applicants, petitioners and employees. Regardless of the paper or electronic format of an application or petition, USCIS is committed to ensuring a secure and efficient process for all.

Individuals can file 11 USCIS forms online, which can all be found on the Forms Available to File Online page. To file these forms online, individuals must first create a USCIS online account at myaccount.uscis.gov. This free account allows them to:

Submit their forms;
Pay their fees;
Track the status of their case;
Communicate with USCIS through a secure inbox; and
Respond to Requests for Evidence.
USCIS continues to accept the latest paper version of these forms by mail.

ORLANDO IMMIGRATION LAWYER

Please contact our experienced Immigration law firm if you have any questions or concerns regarding United States Citizenship and Immigration Services. Our firm is pleased to offer free initial consultations at our Orlando office and via friendly remote video or audio sessions.

UPDATES TO NATIONAL INTEREST EXCEPTIONS FOR REGIONAL COVID PROCLAMATIONS

The Secretary has determined that the travel of immigrants, fiancé(e) visa holders, certain exchange visitors, and pilots and aircrew traveling to the United States for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of approving exceptions under the geographic COVID Presidential Proclamations (9984, 9992, and 10143).  These proclamations restrict the entry of individuals physically present, within the 14-day period prior to their attempted entry into the United States, in the People’s Republic of China, Islamic Republic of Iran, Schengen Area, United Kingdom, Republic of Ireland, Federative Republic of Brazil, or Republic of South Africa. This article provides further details regarding this determination.

NATIONAL INTEREST EXCEPTIONS FOR IMMIGRANTS AND FIANCÉ(E)S

On April 8, 2021, the Secretary of State determined that travel on an immigrant or fiancé(e) visa is in the national interest for purposes of granting exceptions under the geographic COVID proclamations.   Immigrant Visa processing posts may now grant immigrant and fiancé(e) visas to applicants otherwise eligible, notwithstanding these proclamations.

Immigrant and K fiancé visa applicants present in South Africa, Brazil, the Schengen Area, the United Kingdom, the Republic of Ireland, the People’s Republic of China, and the Islamic Republic of Iran should review the website of the nearest embassy or consulate which processes immigrant visas to verify which visa services are currently available, as the volume and type of visa cases each post is able to process, given the ongoing impacts of the COVID-19 pandemic, will depend on local circumstances.  At posts where immigrant visa processing is available, immigrant visas will be prioritized in accordance with the Department’s guidance on the phased resumption of visa services.  An embassy or consulate will resume adjudicating all routine visa cases only when it is safe to do so and adequate resources are available.  As local conditions improve, our missions will begin providing additional services, culminating eventually in a complete resumption of routine visa services.  We are unable to provide a specific date for when each mission will resume specific visa services.  Applicants should monitor embassy and consulate websites for updates on availability of visa services.

After meeting demand for services for U.S. citizens, embassies and consulates will continue to prioritize immediate  family members of U.S. citizens including intercountry adoptions and spouses and minor children of U.S. citizens, as well as fiancé(e)s of U.S. citizens, and certain Special Immigrant Visa applications, in accordance with the phased resumption of visa services guidance.

NATIONAL INTEREST EXCEPTIONS FOR CERTAIN EXCHANGE VISITORS

On April 8, 2021, the Secretary of State determined that travel by certain exchange visitors is in the national interest for purposes of granting exceptions under the geographic COVID Presidential Proclamations.  Based on the Secretary’s determination, national interest exceptions under these proclamations may be approved for the following categories of travel:

• Travel by an au pair to provide care for a minor U.S. citizen, LPR, or nonimmigrant in lawful status when the au pair possesses special skills required for a child with particular needs (e.g., medical, special education, or sign language).
• Travel by an au pair that prevents a U.S. citizen, lawful permanent resident, or other nonimmigrant in lawful status from becoming a public health charge or ward of the state or of a medical or other public funded institution.
• Travel by an au pair to provide childcare services for a child whose parents are involved with the provision of medical care to individuals who have contracted COVID-19 or medical research at United States facilities to help the United States combat COVID-19.
• Travel for an exchange program conducted pursuant to an MOU, Statement of Intent, or other valid agreement or arrangement between a foreign government and any federal, state, or local government entity in the United States that is designed to promote U.S. national interests if the agreement or arrangement with the foreign government was in effect prior to June 24, 2020.
• Travel by Interns and Trainees on U.S. government agency-sponsored programs (those with a program number beginning with “G-3” on Form DS-2019): An exchange visitor participating in an exchange visitor program in which he or she will be hosted by a U.S. government agency and the program supports the immediate and continued economic recovery of the United States.
• Travel by Specialized Teachers in Accredited Educational Institutions with a program number beginning with “G-5” on Form DS-2019: An exchange visitor participating in an exchange program in which he or she will teach full-time, including a substantial portion that is in person, in a publicly or privately operated primary or secondary accredited educational institution where the applicant demonstrates ability to make a specialized contribution to the education of students in the United States.  A “specialized teacher” applicant must demonstrate native or near-native foreign language proficiency and the ability to teach his/her assigned subject(s) in that language.
• Travel in support of critical foreign policy objectives: This only includes exchange visitors participating in a small number of exchange programs that fulfill critical and time sensitive foreign policy objectives.

Travelers in these categories who wish to visit the United States and have a valid visa in the appropriate class, or who are seeking to apply for a visa, and believe they may qualify for a National Interest Exception should contact the nearest U.S. embassy or consulate before traveling.

NATIONAL INTEREST EXCEPTIONS FOR PILOTS AND AIR CREW TRAVELING FOR TRAINING AND AIRCRAFT PICKUP, DELIVERY, OR MAINTENANCE

On April 8, 2021, the Secretary of State determined that travel by pilots and aircrew for training or aircraft pickup, delivery, or maintenance is in the national interest for purposes of granting exceptions under the geographic Presidential Proclamations. This includes individuals who are traveling to the United States for training or aircraft pickup, delivery, or maintenance on B-1/B-2, B-1, or M-1 visas, or Visa Waiver Program authorizations. The determination also covers certain M-2 dependents when the principal’s necessary training is four weeks or more.  Access by qualified pilots and other essential air crew to aircraft maintenance, as well as simulator training, continuing education such as proficiency checks, and other vital safety certification courses offered in the United States, is an important component of safe skies.  Therefore, we intend to continue issuing visas to eligible applicants for such travelers, on the basis of national interest exceptions, as permitted by post resources and local government restrictions.

Visa applicants will be considered for an exception at the time of interview.  Travelers who already hold valid visas or Visa Waiver Program authorization and believe they meet the exception criteria should follow the procedures set forth on the Embassy/Consulate website where their visa was processed or nearest their residence for consideration for an exception under the geographic Presidential Proclamations.

ORLANDO IMMIGRATION ATTORNEY

For more information on Presidential proclamations and U.S. Department of State exceptions please contact our experienced Orlando Immigration Attorneys.

Source: U.S. Department of State

VENEZUELANS IN THE US GRANTED TPS THAT OFFERS RELIEF FROM DEPORTATION AND WORK PERMITS

On March 8, 2021, President Biden took strong action to protect over 300,000 Venezuelans living in the U.S. after having fled the brutal totalitarian regime of Nicolas Maduro in Venezuela.

The Biden Administration on Monday announced it is granting Venezuelans in the U.S., TPS, or Temporary Protected Status. TPS offers relief and protection from being deported, as well as work permits, due to the political and economic turmoil in the South American country. Venezuelans have a 6 month deadline to apply. Don’t wait!

If you are Venezuelan, then contact an experienced Orlando Immigration Attorney at Brandt Immigration today to make sure you qualify and properly file your TPS application and work permit. We look forward to assisting you soon. Act now as we anticipate a strong demand and there is only six months to apply!

Official DHS statement here

U.S. Citizenship and Immigration Services announced today it is reverting to the 2008 version of the naturalization civics test beginning March 1, 2021.

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.

The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the Policy Manual (PDF, 444.11 KB) accordingly; see Volume 12, Part E, English and Civics Testing and Exceptions, Chapter 2, English and Civics Testing.

For more information on USCIS policy updates please contact our experienced Orlando Immigration Attorneys.

Source: USCIS

100 DAYS OF NO DEPORTATION

President Biden imposes a 100 day moratorium on all deportations of: individuals present in the United States on November 1, 2020 or before with a deportation order that do not pose a national security risk or are not aggravated felons (most people are protected).

The Department of Homeland Security (DHS) will pause for 100 days on certain removals to enable focusing the Department’s resources where they are most needed.

DEPARTMENT OF HOMELAND SECURITY (DHS) NEW PRIORITIES:

1. National security. Individuals who have engaged in or are suspected of terrorism or espionage, or whose apprehension, arrest and/or custody is otherwise necessary to protect the national security of the United States.

2. Border security. Individuals apprehended at the border or ports of entry while attempting to unlawfully enter the United States on or after November 1, 2020, or who were not physically present in the United States before November 1, 2020.

3. Public safety. Individuals incarcerated within federal, state, and local prisons and jails released on or after the issuance of this memorandum who have been convicted of an “aggravated felony,” as that term is defined in section 101(a) (43) of the Immigration and Nationality Act at the time of conviction, and are determined to pose a threat to public safety.

These priorities shall apply not only to the decision to issue, serve, file, or cancel a Notice to Appear, but also to a broad range of other discretionary enforcement decisions, including deciding: whom to stop, question, and arrest; whom to detain or release; whether to settle, dismiss, appeal, or join in a motion on a case; and whether to grant deferred action or parole.

EXPERIENCED ORLANDO DEPORTATION LAWYERS

Please see the full memo below and contact our Immigration Law office if you would like to consult with an Immigration Lawyer to check your current eligibility.

DEFERRED ENFORCED DEPARTURE (DED) FOR CERTAIN VENEZUELANS

“The Trump Administration has taken a significant and much-needed step to help Venezuelan nationals residing in the U.S.,” says United States Senator for Florida Marco Rubio. “Venezuela remains a nation in crisis as Maduro’s narco-terrorist regime continues to commit senseless acts of violence against the Venezuelan people. America remains a beacon of hope and freedom for many, and now eligible Venezuelan nationals in the U.S. will receive much-needed temporary immigration relief thanks to the Trump Administration.”

DONALD TRUMP GRANTS DEFERRED ENFORCED DEPARTURE (DED) TO VENEZUELANS IN THE UNITED STATES WITH WORK PERMITS, SOCIAL SECURITY, AND DRIVERS LICENSES FOR 18 MONTHS

The White House said in a memo released Tuesday January 19, 2021 that it is approving Deferred Enforced Departure (DED) for Venezuelans. Recipients of the deferral will be able to live and work in the U.S., similar to those protected under a temporary protected status (TPS).

DED provides a temporary administrative stay of removal for nationals from Presidentially-designated countries, and has historically been implemented in cases of natural disasters, war, and even “widespread civil strife.” It does not provide status pursuant to federal immigration law but does enable an individual to legally work in the country for the duration of the designation.

The United States will defer for 18 months the removal of any national of Venezuela, or alien without nationality who last habitually resided in Venezuela, who is present in the United States as of January 20, 2021, and to authorize employment for aliens whose removal has been deferred, except for aliens who:

• Have voluntarily returned to Venezuela or their country of last habitual residence outside the United States;
• Have not continuously resided in the United States since January 20, 2021;
• Are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or removable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));
• Who have been convicted of any felony or 2 or more misdemeanors committed in the United States, or who meet the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));
• Who were deported, excluded, or removed, prior to January 20, 2021;
• Who are subject to extradition;
• Whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or
• Whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

EXPERIENCED IMMIGRATION LAWYERS IN ORLANDO

Contact us today to schedule a consultation to confirm that you are elegible for protection under the Venezuelan DED.

DACA RESTORED

United States District Judge Nicholas Garaufis in New York has ordered that the Trump administration immediately restore the Deferred Action for Childhood Arrivals (DACA) program to its status before the Trump administration attempted to end it in September of 2017.

DACA is a policy launched in 2012 by the Obama administration and over the last eight years has enabled thousands of young immigrants to rely on the program, emerging from the shadows to enroll in degree programs, embark on careers, start businesses, buy homes and even marry and have children of their own who are now U.S. citizens, and pay billions in taxes each year. The Trump administration attempted to suspend DACA beginning in 2017, but litigation in federal courts, including the Supreme Court, allowed DACA to continue. On June 18, 2020, the Supreme Court ruled that the way DACA ended was unlawful, and signaled that DACA be restored in full.

FEDERAL JUDGE ORDERS FULL RESTORATION OF DACA AND NEW APPLICANTS WILL BE ADMITTED

DHS is DIRECTED to post a public notice, within 3 calendar days of this Order, to be displayed prominently on its website and on the websites of all other relevant agencies, that it is accepting first-time requests for consideration of deferred action under DACA, renewal requests, and advance parole requests, based on the terms of the DACA program prior to September 5, 2017, and in accordance with this court’s Memorandum & Order of November 14, 2020.

The decision to restore DACA requires The Department of Homeland Security to fully restore DACA to the way it existed before September 5, 2017. This means that DHS must:

• Process requests for first time DACA applicants
• Return the DACA period from one year to two years
• Restore travel permission for DACA recipients

Speaker of the House Nancy Pelosi issued this statement after the Eastern District of New York ruled to fully reinstate the Deferred Action for Childhood Arrivals (DACA) initiative:

“Eight years ago, our nation took a momentous step for equality and opportunity when President Obama launched DACA, empowering young Dreamers to pursue their American Dream and, in doing so, make America more American.  With today’s ruling, the Courts have once again upheld this bedrock initiative, which respects our American values and the will of the American people.

“Dreamers need and deserve real, permanent action to ensure that they can continue to contribute to our nation.  In the 117th Congress, our Democratic House Majority will once again pass bipartisan legislation to protect Dreamers, which will be signed into law by the Biden-Harris Administration.  We call on Congressional Republicans to end their eighteen month-long obstruction of legislation to protect Dreamers, and listen to the overwhelming bipartisan majority of Americans calling for its passage.

“In his final days in office, President Trump must end his ugly and inhumane assault on the young immigrant communities who bless and strengthen our country and obey this ruling immediately.”

DACA CONSULTATION WITH ORLANDO IMMIGRATION ATTORNEY

Please contact the experienced deferred action attorney’s at Brandt Immigration in order to discuss your particular immigration situation and assist with the filing of a new DACA application on your behalf. Our firm is pleased to offer an initial DACA consultations in office or in a remote audio or video capacity.