TPS Extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
The Department of Homeland Security has announced that Temporary Protected Status (TPS) will be automatically extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan, through December 31, 2022. To obtain a new EAD with an expiration date of Dec. 31, 2022, TPS beneficiaries must file Form I-765, Application for Employment Authorization.
Need help figuring out your immigration options? Contact us today at theteam@huwelaw.com or 415-496-9040.
Immigration Officers Have Discretion When Deciding Green Card Cases
Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?
Did you know: Even if you prove that you meet all general legal requirements for eligibility for a green card, the immigration officer deciding your case still has discretion to deny it?
This is a surprise to many green card applicants. And in the San Jose and San Francisco Bay Area where we practice, the use of discretion to deny a green card application has not been common practice thus far. However, recently United States CItizenship and Immigration Services (USCIS) updated their Policy Manual and added consolidated guidance on the issue of discretion. We expect that this new guidance will prompt increased scrutiny and denials moving forward.
The USCIS Policy Manual now states that the adjudicating officer "should review the entire record and give appropriate weight to the negative and positive factors relative to the privileges, rights, and responsibilities of LPR [Lawful Permanent Resident] status. Once the officer has weighed each factor, the officer should consider all of the factors cumulatively to determine whether the positive factors outweigh the negative ones."
So what types of factors will the officer consider when evaluating your case? Some of the biggest factors are:
-Your family ties in the US
-Your history of education and employment in the US, and current US investment or property ownership
-Whether you have any type of criminal history, including arrests or citations (even if those would not otherwise bar you from receiving the green card)
-Whether you have ever violated US immigration laws (even if the conduct would not otherwise bar you from receiving the green card)
Because immigration officers are likely to focus more on these and other additional factors when deciding a green card case, green card approval is becoming more challenging.
How can Hurtubise Weber Law help? Our team has the knowledge and experience to support, guide, and represent you throughout the green card process, to give you the best chance of success. Contact us at theteam@huwelaw.com or 415-413-8760 to get help today!
TPS extended for El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan
Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and may apply to extend employment authorization through that date.
Some great news for anyone from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan holding Temporary Protected Status (TPS): USCIS has extended eligibility until October 4, 2021. This means that TPS holders from these countries will remain in status and authorized to work through that date.
Is your TPS scheduled to expire on October 4th? You may have options to remain in the U.S. beyond that date. We specialize in Deferred Action for Childhood Arrivals (DACA) and adjustment of status (green cards) sponsored by family members and employers. Contact us today at 628-877-0197 or theteam@huwelaw.com to see if you may qualify for one of these benefits!
TPS Extended for El Salvador through January 4, 2021
The Trump administration has announced that it is extending the validity of TPS work permits for Salvadorans with TPS through January 4, 2021. In addition, it will provide Salvadorans with TPS "an additional 365 days after the conclusion of TPS-related lawsuits to repatriate to their home country."
Do you have TPS? Find out whether you are eligible to apply to adjust status (apply for your "green card"). Contact us today at theteam@huwelaw.com or 415-413-8760.
From TPS to a Green Card: One Man’s Journey
As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?
As an immigration lawyer in today’s changing world, I am frequently approached by prospective clients whose Temporary Protected Status (TPS) has been scheduled to terminate. They are often scared and bewildered, wondering what, if any, option they have?
Luckily, with some legal maneuvering it is often possible for someone in this situation to obtain a green card sponsored by an immediate relative. Below is our client Jose’s story.
Jose arrived in the U.S. in year 2001 from El Salvador. He crossed the border without a visa, fleeing a brutal civil war that was raging there at the time. He entered the U.S. frightened and with little money, hoping to start a new life here.
Our government granted Jose Temporary Protected Status, or TPS, due to the unsafe conditions in El Salvador. As the years passed and those conditions continued, Jose was allowed to renew his grant of TPS every 18 months. He resided and worked in the U.S. as an upstanding member of society for nearly a decade. The U.S. had become his home.
In year 2010, Jose met Clara, a U.S. citizen by birth. He and Clara started dating, fell in love, and decided to get married in year 2012. Jose’s immigration status remained that of TPS. Because Jose had entered the country illegally, he believed that he was not eligible for a green card through Clara.
Years later, our government announced that they would be terminating TPS for El Salvador. Jose suffered anxiety every day, not knowing how he would be able to remain in the U.S. with his life partner Clara. Then Jose met me.
I explained to Jose that he did have options. And one of those options was to obtain a lawful entry to the U.S. by applying for permission to travel outside of the country and reenter under TPS. While the timing would be tight because we knew at that point that Jose’s TPS would be terminated in less than a year, I reassured him that this was doable. Once Jose obtained the lawful entry, Clara would be able to sponsor him for his green card. Once we submitted the green card application, he would have permission to remain in the U.S. while it was pending.
Jose got his permission to travel and left and reentered the U.S., we applied for his green card, and he is now a permanent resident of the United States. He no longer fears deportation and separation from his wife of 7 years.
Jose’s story is not unique. Our immigration laws and policies are complex, and too many immigrants do not know their options. We offer a thorough initial legal evaluation to review your history in detail, explain all possible paths, and create a plan moving forward. Contact us today to learn more: 415-496-9040 or theteam@huwelaw.com.
TPS to end for Honduras
On May 4, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Honduras. The approximately 90,000 Honduran citizens who are currently present in the U.S. in TPS have until January 5, 2020 to either depart or to find another way to remain here lawfully under our immigration laws.
On May 4, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Honduras. The approximately 90,000 Honduran citizens who are currently present in the U.S. in TPS have until January 5, 2020 to either depart or to find another way to remain here lawfully under our immigration laws. You can read more here:
https://www.cnn.com/2018/05/04/politics/immigration-tps-honduras/index.html
For someone from Honduras who has been residing in the U.S. in TPS for decades, this may be a terrifying prospect. The good news is that other legal immigration avenues may be available for a person in this situation. For example, if an individual is married to a U.S. citizen, one option may be an application for permanent residency (a “green card”) with the spouse serving as the sponsor. If the individual has been a victim of crime while in the U.S., they may be eligible for a U visa, which is a path to a green card.
It is important to meet with an immigration attorney as soon as possible to learn about the viability and risks and benefits of other immigration paths. Please contact us at theteam@huwelaw.com or 415-496-9040 to schedule an initial legal evaluation.
TPS to End for Nepal
On April 26, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Nepal. The approximately 9,000 Nepalese citizens who are currently present in the U.S. in TPS have until June 24th, 2019 to either depart or to find another way to remain here lawfully under our immigration laws.
On April 26, 2018, the U.S. Department of Homeland Security (DHS) announced that it would be terminating the TPS designation for Nepal. The approximately 9,000 Nepalese citizens who are currently present in the U.S. in TPS have until June 24th, 2019 to either depart or to find another way to remain here lawfully under our immigration laws. You can read more here:
http://thehill.com/policy/international/385038-dhs-ends-protected-status-for-nepal
For someone from Nepal who has been residing in the U.S. in TPS for years, this may be a terrifying prospect. The good news is that other legal immigration avenues may be available for a person in this situation. For example, if an individual is married to a U.S. citizen, one option may be an application for permanent residency (a “green card”) with the spouse serving as the sponsor. If the individual has been a victim of crime while in the U.S., they may be eligible for a U visa, which is a path to a green card.
It is important to meet with an immigration attorney as soon as possible to learn about the viability and risks and benefits of other immigration paths. Please contact us at theteam@huwelaw.com or 415-496-9040 to schedule an initial legal evaluation.
