At least 100,000 foreign-born children with Special Immigrant Juvenile status (SIJ) are waiting for green cards, according to advocacy groups’ analysis. Without it, these children cannot access federal student aid and face deportation proceedings, the study indicates. Learn the best info about نتایج لاتاری.
Other immigration news this week included changes to signature waivers for disabled immigrants, as well as updates regarding DACA. Furthermore, the Supreme Court began hearing 303 Creative v. Elenis, which challenges same-sex marriages and has an impact on green card applications.
1. DHS Announces TPS for Ethiopians
DHS will extend and redesignate Temporary Protected Status (TPS) for Ethiopians living in the United States for 18 months, the first time it has ever been granted in Ethiopia due to ongoing armed conflict and extraordinary or temporary conditions that prevent those with nationality or those without citizenship who previously habitually resided there from returning safely home.
Center for Migration Studies of New York estimates that approximately 30,000 individuals will qualify for Temporary Protected Status. This program grants them protection from deportation and work authorization documents, as well as giving them the chance to be eligible for permanent residency. Unlike visa holders or green card holders, TPS holders do not incur fees or undergo background checks.
Applying for TPS requires continuously living in the US since either the effective date or CPP date established by the Secretary, with qualifying reasons such as conflict, natural disasters, or other extraordinary temporary circumstances that existed at that point in time. Registration begins upon publication of a Federal Register notice; individuals seeking TPS should consult a qualified immigration attorney in their search.
2. USCIS Announces Changes to CW-1 Petitions
USCIS is proposing changes to regulations that will give CW-1 nonimmigrant workers continued employment authorization until USCIS adjudicates their petition for change of status or extension of stay, thus helping reduce disruption in workplace environments and for workers themselves. At present, such workers must cease employment in either the United States or the Commonwealth of Northern Mariana Islands when their nonimmigrant status expires or when changing employers – an arduous burden both employers and employees alike face when this situation occurs.
The agency received numerous positive comments in support of this proposal. Most overwhelmingly, respondents supported efforts to harmonize rules that apply to similarly situated visa categories and remove unnecessary hurdles that put highly skilled foreign workers at a disadvantage compared to their US-born peers.
Commenters recommended expanding the comparable evidence provision for EB-1 outstanding professors and researchers so as to permit the submission of additional types of similar evidence that demonstrate eligibility, making the process more transparent for U.S. employers and petitioners while upholding the requirement that beneficiaries are internationally acclaimed for extraordinary achievements in their fields.
Some commenters emphasized the ongoing risks of fraud and abuse in these programs and suggested that the government should focus on ways to combat these issues before considering changes that could create additional ones. DHS noted that such programs possess stringent penalties for fraudulent or abusive conduct, such as inadmissibility to the United States and mandatory detention.
3. DACA Updates
In a significant ruling, the U.S. Supreme Court rejected President Trump’s attempt to end Deferred Action for Childhood Arrivals (“DACA”). They determined that its cancellation would have been “arbitrary and capricious.” This Practice Update provides a concise account of their decision as well as how AILA members should advise clients regarding this matter.
The Supreme Court will hear oral arguments this November regarding three lawsuits challenging DACA, one filed by a Texas federal district judge who held that the Obama administration’s cancellation was illegal and prevented new applicants for the DACA program; two more came from former DACA recipients as well as a bipartisan coalition of state attorneys general.
On January 9, 2022, DHS Secretary Alejandro Mayorkas issued a statement affirming the agency’s support for DACA while encouraging Congress to pass permanent protections for Dreamers. DHS further confirmed its plan to process renewal applications for DACA.
Judge Hanen of the Texas Federal District Court issued an order declaring the DACA program unlawful and blocking new applications on July 29, 2021. On August 28 of that same year, however, the Fifth Circuit Court of Appeals reversed that ruling, citing how the Biden Administration had codified DACA through formal rulemaking, thereby not violating any statutes when they implemented it. Judge Hanen’s original ruling remains in place, but USCIS continues to accept renewal applications and advance parole applications without disruption.
4. Cubans Released
ICE recently granted several Cuban migrants who were detained following a national outcry and weeks of advocacy by family, local officials, and immigration advocates. These migrants were among 103 on a leaked secret list of potential deportees back to Cuba between November and early December; some were placed on year-long paroles while others remained detained – this release came after reports by The Miami Herald found some migrants had been subject to sexual violations or other severe offenses while in detention.
Detainees found their release a welcome relief, as many were primary breadwinners for families living in South Florida, and others had children and elderly parents back in Cuba who needed support. Denier Fernandez Polo told The Miami Herald he came to America fleeing political persecution back home before spending nearly two years in detention facilities across Louisiana and Texas before finally being freed on Nov. 7.
Even after they are released from ICE custody, migrants’ legal cases remain ongoing. Most are seeking to change from undocumented immigrants to lawful permanent residents and must prove that they were either inspected and admitted as lawful permanent residents or released on humanitarian parole. Some immigration courts, such as those located in Miami and Houston, have held that any release from ICE custody, regardless of bond amount or release on own recognizance status, constitutes parole under Jennings; other courts disagreed.
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