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TPS applicants from five designated countries can now file initial applications online

  USCIS announced that TPS applicants who are eligible nationals of Burma, Somalia, Syria, Venezuela or Yemen can now file Form I-821, Application for Temporary Protected Status, online, if they are applying for TPS for the first time. USCIS is starting with these countries because they are either new designations or recently announced re-designations. All other TPS applicants and current beneficiaries who are re-registering under the extension of a TPS designation must continue to file a paper Form I-821.

https://www.uscis.gov/humanitarian/temporary-protected-status

https://cbocalbos.wordpress.com/tag/tps/

https://cbocalbos.wordpress.com/tag/extension-of-tps/

https://cbocalbos.wordpress.com/tag/18-month-extension-of-tps-for-somalia/

Murder of Haitian president tees up credible fear cases for Haitian asylum seekers

Haitian President Jovenel Moise was assassinated, further illustrating the credible fear over conditions of insecurity that are forcing thousands of Haitian citizens to make their way to the U.S. in search of asylum. Immigration advocacy organizations sent a letter to Biden and top members of his administration warning of a “political vacuum” left by Moise’s murder could exacerbate violence. The letter says armed gangs control many streets, and kidnap civilians, including schoolchildren and church pastors. In May, DHS announced a new TPS status for Haiti for 18 months. However, this designation only included Haitians already in the U.S. as of May 21, 2021.

https://cbocalbos.wordpress.com/tag/asylum-attorney/

https://cbocalbos.wordpress.com/tag/asylum-application/

https://cbocalbos.wordpress.com/tag/asylum/

https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

Supreme Court Rules Against Immigrants with Temporary Status

The unanimous decision issued yesterday by the U.S. Supreme Court holding that Temporary Protected Status (TPS) recipients who entered the United States unlawfully are not eligible under §1255 for lawful permanent resident status merely by dint of their TPS. AILA Board member Andrew Nietor explains, “It’s important to realize that this is not going to affect everybody who has TPS, but it will affect many who are otherwise eligible to become legal, permanent residents.” 

https://cbocalbos.wordpress.com/tag/uscis/

https://cbocalbos.wordpress.com/tag/immigration-attorney/

https://cbocalbos.wordpress.com/tag/tps/

https://www.uscis.gov/

House passes bills providing citizenship for Dreamers and farmworkers.

 House Democrats passed a pair of bills that would create a pathway to citizenship for Dreamers and some migrant farm workers, taking a piecemeal approach as President Biden’s major immigration package looks increasingly uncertain. The Dream and Promise Act would provide certainty to undocumented people brought to the U.S. as children whose ability to go to school, get work and even remain in the country has hung in the balance from administration to administration. The bill would also allow those with TPS to apply for citizenship. In total, the Dream and Promise Act would help naturalize nearly 4.5 million people.

https://cbocalbos.wordpress.com/tag/daca-attorney/

https://cbocalbos.wordpress.com/tag/daca-judge/

https://californiaimmigration.us/evidence-need-order-prove-various-requirements-physical-presence-daca/

https://cbocalbos.wordpress.com/tag/daca/

DHS Secretary Designates Burma for TPS for 18 Months

DHS Secretary Mayorkas designated Burma for Temporary Protected Status (TPS) for 18 months. Individuals who can demonstrate continuous residence in the United States as of March 11, 2021, are eligible for TPS under Burma’s designation.

https://cbocalbos.wordpress.com/tag/new-asylum-regulations/

https://cbocalbos.wordpress.com/tag/regulations/

https://californiaimmigration.us/temporary-agricultural-employment-h-2a-provides-answer-to-the-immigration-regulations-of-federal-procedure-to-illegal-workers-in-this-area/

https://cbocalbos.wordpress.com/tag/employment-regulations/

Senate Democrats introduce legislation to grant TPS to Venezuelans.

Democratic senators introduced legislation to grant Temporary Protected Status (TPS) to Venezuelans in the U.S., saying the actions former President Trump took on his last day in office to shield Venezuelans from deportation fall short. Trump’s executive order deferred for 18 months the removal of Venezuelans who were at risk of being sent back to their home country under the Deferred Enforced Departure (DED) program. Both TPS and DED allow recipients to legally live and work in the United States, but experts say the latter is a better option because it allows migrants to legally work. Biden said during the presidential campaign that he would extend TPS protections for Venezuelans. TPS can be granted by Congress or a presidential executive order.

https://cbocalbos.wordpress.com/tag/immigration-policy-memo/

https://cbocalbos.wordpress.com/tag/chairman-of-the-house-subcommittee-on-immigration-policy-and-enforcement/

https://californiaimmigration.us/immigration-policy-changes-and-clarification/

https://cbocalbos.wordpress.com/tag/immigration-policy/

U.S. prolongs migration accord for disaster-hit countries.

Earlier this week, the federal government agreed to prolong Temporary Protected Status (TPS) for immigrants from El Salvador, Haiti, Nicaragua, Sudan, Honduras and Nepal. TPS status for beneficiaries from these countries was extended by DHS until at least October 2021. TPS approves some foreign citizens who come from countries that experience natural disasters, armed conflict or other events to stay in the U.S. and apply for work permits. DHS must renew their status regularly in six- to 18-month intervals.

BIA Sustains DHS Appeal and Reinstates Removal Proceedings in Case Where TPS Applicant Was Not Admitted

The BIA sustained the DHS appeal and vacated the immigration judge decision after finding that Temporary Protected Status (TPS) does not constitute an admission and that a TPS applicant who was not admitted or paroled should not have removal proceedings terminated

USCIS Updates Policy Guidance on TPS and Eligibility for Adjustment of Status Under INA §245(a)

USCIS updated policy guidance in the USCIS Policy Manual confirming that a grant of Temporary Protected Status (TPS) is not admission for INA §245(a) adjustment purposes, clarifying that the applicability of decisions in the Sixth and Ninth Circuits is limited to those jurisdictions, and incorporating Matter of Z-R-Z-C-

Matter of Z-R-Z-C- Holds That TPS Recipients Returning from Authorized Travel Abroad Are Not “Inspected and Admitted or Paroled” for Purposes of §245(a)

In another blow to individuals with TPS status, USCIS recently designated the AAO decision, Matter of Z-R-Z-C-, as an adopted decision