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DHS Announces Open Registration for Temporary Protected Status for Burma

US Citizenship and Immigration Services

On May 25, 2021 the Department of Homeland Security published a Federal Register notice (FRN) designating Burma for Temporary Protected Status (TPS) for 18 months, effective May 25, 2021, through Nov. 25, 2022. Secretary of Homeland Security Alejandro N. Mayorkas previously announced on March 12 that Burma would be designated for TPS.

The designation of Burma for TPS allows an estimated 1,600 Burmese nationals (or individuals having no nationality who last habitually resided in Burma) who have been continuously residing in the United States since March 11, 2021, and continuously physically present in the United States since May 25, 2021, to file initial applications to obtain TPS. Applicants must also meet additional TPS eligibility requirements.

Individuals applying for TPS under the designation of Burma must submit an initial Form I-821, Application for Temporary Protected Status, during the 180-day initial registration period that runs from May 25, 2021, through Nov. 22, 2021. Applicants may also be eligible to apply for TPS-related Employment Authorization Documents (EADs) and for travel authorization.

By : | May 31, 2021 | USCIS News

Secretary Mayorkas Designates Venezuela for Temporary Protected Status for 18 Months

US Citizenship and Immigration Services

Secretary of Homeland Security Alejandro N. Mayorkas designated Venezuela for Temporary Protected Status (TPS) for 18 months, until September 2022. This new designation of TPS for Venezuela enables Venezuelan nationals (and individuals without nationality who last resided in Venezuela) currently residing in the United States to file initial applications for TPS, so long as they meet eligibility requirements.

This designation is due to extraordinary and temporary conditions in Venezuela that prevent nationals from returning safely, including a complex humanitarian crisis marked by widespread hunger and malnutrition, a growing influence and presence of non-state armed groups, repression, and a crumbling infrastructure. TPS can be extended to a country with conditions that fall into one, or more, of the three statutory bases for designation: ongoing armed conflict, environmental disasters, or extraordinary and temporary conditions.

Only individuals who can demonstrate continuous residence in the United States as of March 8, 2021 are eligible for TPS under Venezuela’s designation.

Individuals desiring TPS must file an application with U.S. Citizenship and Immigration Services within the 180-day registration period. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. All individuals applying for TPS undergo security and background checks as part of determining eligibility. More details about the eligibility criteria to submit an initial TPS application and apply for an EAD can be found in the Federal Register Notice (FRN).

The FRN also provides information about Deferred Enforced Departure (DED) for Venezuelan nationals and how individuals may apply for DED-related EADs, based on the January 19, 2021, presidential memorandum establishing DED for Venezuelan nationals for 18 months, through July 20, 2022. Individuals who apply for and receive TPS and who are also covered by DED do not need to apply for Employment Authorization Documentations under both programs.

By : | March 24, 2021 | USCIS News

ICE announces temporary guidelines for its enforcement and removal operations

On February 18, 2021 – U.S. Immigration and Customs Enforcement (ICE) implemented an interim operating guidance that will temporarily govern its civil immigration enforcement and removal operations, until Secretary of Homeland Security Alejandro Mayorkas issues new enforcement guidelines for the Department. Secretary Mayorkas is expected to issue new enforcement guidelines in less than 90 days, after consultation with Department personnel and external stakeholders.

ICE’s interim guidance will focus the agency’s civil immigration enforcement and removal resources on threats to national security, border security and public safety. The guidance defines which cases are presumed to present such threats and do not require prior approval. The guidance also sets forth a pre-approval process for any civil immigration enforcement action that does not meet the presumption criteria.  In addition, the guidance sets forth weekly reporting requirements to ensure coordination and consistency and to inform the development of the Secretary’s final enforcement guidelines.

Individuals are presumed to be a border security enforcement priority if they are apprehended while attempting to unlawfully enter the United States on or after November 1, 2020, or if they were not physically present in the United States before November 1, 2020.

And, individuals are presumed to be a threat to public safety if, for example, they have been convicted of an aggravated felony or engaged in certain activity as part of a criminal gang or transnational criminal organization and there is reason to believe they currently pose a threat. In evaluating whether an individual poses a threat to public safety, officers and agents are to consider the extensiveness, seriousness and recency of any criminal activity, as well as mitigating factors, including, but not limited to, personal and family circumstances, health and medical factors, ties to the community, and evidence of rehabilitation. ICE’s prioritization of individuals with aggravated felony convictions is consistent with Congressional intent in creating that distinct category of offenses.

Absent exigent circumstances, ICE’s field personnel will need to obtain prior approval from their chain of command before pursuing cases that do not meet the presumption criteria.

By : | March 1, 2021 | ICE News

USCIS Deferred Action for Childhood Arrivals Update

US Citizenship and Immigration Services

In compliance with an order of a United States District Court, effective December 7, 2020, U.S. Citizenship and Immigration Services (USCIS) is:

  • Accepting first-time requests for consideration of deferred action under Deferred Action for Childhood Arrivals (DACA) based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting DACA renewal requests based on the terms of the DACA policy in effect prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Accepting applications for advance parole documents based on the terms of the DACA policy prior to September 5, 2017, and in accordance with the Court’s December 4, 2020, order;
  • Extending one-year grants of deferred action under DACA to two years; and
  • Extending one-year employment authorization documents under DACA to two years.
By : | January 13, 2021 | USCIS News

USCIS Issues New Policy Guidance on Final Fee Rule

US Citizenship and Immigration Services

USCIS has updated its Policy Manual with guidance on the final fee rule, which adjusts the fees we charge for certain immigration benefit applications and petitions. The final rule was published in the Federal Register on Aug. 3, 2020. The new policy guidance describes the final rule’s adjustment in fees for specific forms. It also provides guidance on fee exemption and waiver policies, new premium processing time limits, modifications to intercountry adoption processing, and other changes made by the fee rule.

For more information, see the final rule (PDF) and the Policy Alert (PDF, 955.53 KB).

By : | September 23, 2020 | USCIS News

USCIS Adopts AAO Decision on TPS and Authorized Travel

US Citizenship and Immigration Services

WASHINGTON—U.S. Citizenship and Immigration Services today announced a Policy Memorandum (PDF, 268.36 KB) adopting the Administrative Appeals Office (AAO) decision on Matter of Z‑R‑Z‑C.

The decision holds that Temporary Protected Status (TPS) beneficiaries who travel abroad using a Department of Homeland Security (DHS)-issued travel document under Immigration and Nationality Act (INA) section 244(f)(3) generally will retain the same immigration status on their return that they had at the time of departure. Exceptions apply to aliens inadmissible under certain criminal or national security grounds or with immigrant or nonimmigrant visas they present for admission to the United States.

This travel does not satisfy the “inspected and admitted or paroled” eligibility requirement for obtaining adjustment of status to lawful permanent residence. This is consistent with the agency’s previous clarification that a TPS beneficiary’s authorized travel does not execute a final order of removal.

Furthermore, this decision is in line with the Miscellaneous and Technical Immigration and Naturalization Amendments Act of 1991 (MTINA), which specifies that TPS beneficiaries who travel using a valid DHS-issued travel document retain the same immigration status upon return.

“Temporary Protected Status is by its very nature temporary,” said USCIS Deputy Director for Policy Joseph Edlow. “It should not provide a path to lawful permanent resident status or citizenship. Misinterpretation and inconsistent application of this law has previously allowed those pathways for alien TPS beneficiaries. This was a mistaken distortion of what Congress intended when creating this temporary program.”

Recognizing TPS beneficiaries’ potential reliance on USCIS’ past practice and treatment of their temporary travel abroad, USCIS will limit how it applies Matter of Z-R-Z-C to minimize adverse impacts to this group. This decision does not affect TPS beneficiaries who adjusted status to lawful permanent residence under past practice and/or prior guidance or who have pending applications for adjustment of status.

In addition, USCIS will only apply Matter of Z-R-Z-C prospectively to TPS beneficiaries who departed and returned to the United States under section 244(f)(3) of the INA after Aug. 20, 2020, the date of the AAO’s adopted decision.

By : | September 4, 2020 | Uncategorized

Community Service And Advocacy

Cano Immigration is passionate about pro-bono work in the community and Attorney Cano is committed to advocacy for comprehensive immigration reform. Through philanthropy, by volunteering time, or providing pro bono legal services, the Firm continues to support various charitable organizations known for their tireless efforts in assisting refugees, and women and children fleeing persecution from their home countries.

For a list of the organizations and the work that Cano Immigration supports, and if you wish to get involved, please see below:

UNICEF www.unicefusa.org
Tahirih Justice Center http://www.tahirih.org
Kids in Need of Defense (KIND) https://supportkind.org/
Children’s Immigration Law Academy (CILA) www.cilacademy.org
American Immigration Counsel (AIC) www.americanimmigrationcouncil.org
Call now to get more details on Community Service and Advocacy: 832.288.2727