1) The Humanitarian Parole program has been expanded to include Cuba, Haiti, Nicaragua, and Venezuela. Last year, the Biden Administration created the Uniting for Ukraine program that allowed Ukrainian nationals to enter the US legally on a temporary basis through the humanitarian parole program. This process requires that the Ukrainian national be able to secure a US financial sponsor who will need to complete a financial declaration of support form that attests that the US sponsor has the financial means to support the foreign national for up to 2 years. In January 2023, the Biden Administration announced three new countries to be added to last year's program. They are Cuba, Haiti, and Nicaragua. Another country that has been given the same access to this program is also Venezuela; which was permitted to participate in November 2022. The USCCB has opened the Welcome Circles program to these additional eligible populations: Cubans, Haitians, Venezuelans, and Nicaraguans. For more information on this program, please visit the Department of Homeland Security's website: https://www.uscis.gov/CHNV
2) Refugee Resettlement
The Biden Administration announced recently a new program intended to expand the country's ability to resettle more refugees than in recent past years. According to the administration’s Department of State’s website, “The Welcome Corps creates new opportunities for everyday Americans to engage directly in refugee resettlement through private sponsorship, independent of and complementary to existing avenues for volunteering with resettlement agencies. By tapping into the goodwill of American communities, the Welcome Corps will expand our country’s capacity to provide a warm welcome to higher numbers of refugees. The launch of the Welcome Corps fulfills the U.S. Government’s commitment to develop a private sponsorship program for resettling refugees in the United States.” This program has two stages. The first stage invites private sponsors to participate; groups of five or more people as sponsors will be required to raise an initial $2,275 per refugee. The Welcome Corps will then match private sponsors with refugees whose cases are already approved for resettlement under the USRAP. The Department of State will begin facilitating matches between private sponsors and refugees arriving within the first six months of 2023.
In the second phase of the program, which will launch in mid-2023, private sponsors will be able to identify refugees to refer to the USRAP for resettlement and support the refugees they have identified. Further details on the second phase of the program will be forthcoming. The Welcome Corps will ultimately be a key part of the U.S. refugee resettlement system, providing a life-saving lifeline to vulnerable people in need of resettlement. In the first year of Welcome Corps, the Department of State will seek to mobilize 10,000 Americans to step forward as private sponsors and offer a welcoming hand to at least 5,000 refugees. If more than 10,000 individual Americans join the Welcome Corps in 2023, we will seek to pair additional private sponsors with refugees in need of a warm welcome. The State Department’s new Private Sponsorship program for refugees has been launched. For more information on this program, please visit https://welcomecorps.org/
Attention first-time DACA applicants: A court ruling on July 16th, 2021 ruled that the DACA policy “is illegal” and will not be accepting applications from first-time applicants. The judge ruled DACA is unlawful but he is letting current DACA remain in place for current recipients.
Current DACA recipients: continue to have DACA and can renew and should renew.
Click HERE for more information on the court ruling.
Click HERE to tell your senator that a permanent solution for Dreamers is needed.
We encourage you to contact our Immigration Legal Services to request a FREE consultation if you have any questions regarding DACA or your immigration status. You can reach us at 319-364-7121.
On June 15, 2012, the secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action for a period of two years, subject to renewal. They are also eligible for work authorization. Deferred action is the use of prosecutorial discretion to defer removal action against an individual for a certain period of time. Deferred action does not provide lawful status. (Source: uscis.gov)
"My name is Bishop Mario E. Dorsonville-Rodríguez. I am an auxiliary bishop of the Archdiocese of Washington and also currently serve as chairman of the U.S. Conference of Catholic Bishops’ Committee on Migration (USCCB/COM). On behalf of USCCB/COM, I would like to thank the Senate Judiciary Committee, namely the Chair, Senator Durbin, and the Ranking Member, Senator Grassley, for holding this important hearing and for the opportunity to provide testimony...The Catholic bishops of the United States have long supported legislative relief for Dreamers,1 Temporary Protected Status (TPS) holders, and Deferred Enforced Departure (DED) holders.2 Earlier this year, we renewed our support for H.R. 6, the American Dream and Promise Act, the impetus for today’s hearing.3 Through this testimony, I will provide a brief overview of our work serving migrants, with an emphasis on those populations at issue today, discuss the importance of a permanent solution for Dreamers and TPS/DED holders, while addressing some common misconceptions associated with legalization, and share our recommendations to Congress."
CLICK HERE FOR CREOLE PDF: AYITI PWOTEJE ESTATIW POU YON TI TANT (TPS)
Temporary Protected Status (TPS) is a time-limited status given to eligible nationals of designated countries who are present in the United States when circumstances in their home country make it unsafe to return. The status is afforded to nationals from countries affected by armed conflict, natural disaster, or other extraordinary and temporary conditions, and allows eligible individuals to live and work in the United States temporarily. The length of a TPS designation can be anywhere from 6 to 18 months and can be extended for many years.
On May 22, 2021, the Department of Homeland Security (DHS) announced a new 18-month designation of Haiti for Temporary Protected Status (TPS). This new designation allows Haitian nationals (and individuals without nationality who last resided in Haiti) currently residing in the United States as of May 21, 2021, to file initial applications for TPS. People eligible for TPS will be able to: remain in the United States; obtain an employment authorization document and a social security card; and possibly, at a later time, obtain a travel permit allowing them to travel abroad and reenter the United States.
ELIGIBILITY REQUIREMENTS:
• National of Haiti, or a person without nationality who last habitually resided in Haiti;
• Physical Presence in the U.S. – You must have been continuously physically present in the US since 05/21/2021
AND have continuously maintained a residence in the US since that date;
• You have not been convicted of any felony or two or more misdemeanors committed in the United States;
• You are not subject to any of the mandatory bars to asylum. This includes participating in the persecution of
another individual or engaging in or inciting terrorist activity;
• You are have not violated immigration laws such as non-waivable criminal and security-related laws;
• Filing date is NOT OPEN YET, but you will have to file during the initial registration which is likely to be open
for 180 days only.
WHAT SHOULD YOU DO TO PREPARE FOR TPS:
1) Obtain documentation that proves your nationality: birth certificate, passport (even if it is expired). If you do not
have those documents, any other document you already have in your possession, such as baptismal certificate and
school records.
2) Gather and save documents proving continuous presence in the United States since May 21, 2021: letters from
employers, rent receipts, payroll stubs, bank statements, school records.
3) If you have ever had any encounter with law enforcement, obtain certified copies of those records.
4) Meet with an immigration attorney to review your documentation and to obtain more information about your
particular situation (if you are already in removal or deportation proceedings, for instance), so that you are
prepared.
SPECIAL CAUTION: It is crucial that the initial TPS application filing be completed by an attorney or DOJ legal
accredited representative. Since the initial registration period will likely be open for 180 days only, applicants will have a
limited time to file their applications. A mistake, or sending insufficient documentation that results in denial could be de
the difference between being approved for this benefit and being denied with no chance to re-apply after the designation
period has closed.
If you have further questions or are interested in a legal consultation regarding TPS, please contact Catholic
Charities’ Immigration Legal Services (ILS) at 319-364-7121.
On March 9, 2021, the Biden Administration informed the U.S. Supreme Court that it will no longer defend the public charge rule issued by the Department of Homeland Security (DHS) under the Trump Administration.
Trump’s public charge rule created a chilling effect and caused many qualified immigrants to not access or use life-saving benefits for fear of the repercussions to their immigration status.
With the recent DHS announcement, that it would restore and implement the previous 1999 public charge policy, this has been a significant relief for immigrants. The “public charge” inadmissibility test has been part of federal immigration law for over a hundred years. It is designed to identify people who may depend on the government as their main source of support in the future. If an immigration official determines that someone is likely to become a “public charge,” the government can deny that person’s application for admission to the United States or an application for lawful permanent resident status (LPR status, also called a “green card”).
Under the old rule, the following government programs will not impact a person's green card application: Medicaid, food stamp aka SNAP, Public Housing, WIC, CHIP, school lunches, food banks, shelters, state or local health care programs, and many more.
The Trump administration must accept the following:
A federal judge found that acting Secretary of Homeland Security Chad Wolf was illegally in his position when he issued a memorandum suspending new DACA applications and reducing the time the renewals were valid from two years to a year.
Yes. U.S. District Judge Nicholas Garaufis said the government had to issue a public notice within three days, including on its website and on the websites of all other relevant government agencies, that new DACA applications are accepted.
Yes, under certain circumstances. We urge DACA recipients interested in securing a travel permit to consult with an attorney to determine if they qualify for this document and to rule out the existence of any obstacles that could potentially bar a safe return to the United States.
Note: If you have further questions or are interested in a legal consultation regarding DACA, please contact Catholic Charities’ Immigration Legal Services (ILS) a 319-364-7121.
The Biden administration is expected to reopen the program to new applicants who are eligible for DACA but have been prevented from applying since 2017. This includes hundreds and thousands of individuals who have turned 16 since 2017 and have now aged into eligibility for the original program.
Potential first-time DACA applicants should gather evidence of their DACA eligibility, including proof of arrival in the United States as a minor, proof of their presence in the United States on June 15, 2012, proof of their continued residence in the United States since June 15, 2007, evidence that they meet the educational guidelines, and any relevant criminal records.
To be eligible for DACA, you must meet all requirements:
President-elect Biden may further expand the DACA program by changing the eligibility guidelines to allow more people to qualify. For example, the Biden administration could make DACA available to those who were under 18 (as opposed to 16) when they first entered the United States, or it could move up the continuous residence date from June 15, 2007, to a more recent date.
United States Citizenship and Immigration Services (USCIS) has announced a revision to the naturalization test/application, specifically the civics component. This change will impact those filing for naturalization on or after December 1, 2020. Two major anticipated changes in the 2020 naturalization test include the following:
Applicants who apply for naturalization on or after December 1, 2020, will take the updated version of the test. Those who apply before Dec. 1, 2020, will take the old version of the test. The test items and study guides can be found on the Citizenship Resource Center on the USCIS website. USCIS has also updated the USCIS Policy Manual accordingly. The changes to the policy manual are open for comment until Dec. 14, 2020.
On November 14, 2020, a U.S. district court in the Eastern District of New York ruled that the July 2020 DACA memorandum issued by the Department of Homeland Security’s (DHS) Chad Wolf, was issued without legal authority. The provisions severely curtailed DACA and barred initial applications. The ruling stated the memo was invalid because Wolf was not properly serving as the acting secretary of Homeland Security. On November 18, 2020, the court held a conference and ordered both sides in the lawsuit to submit legal briefs about what the court should require the federal government to do in order to enact its ruling. That briefing will conclude on December 1, 2020. Therefore, either on or after December 1st we will have more specific information about the practical effects the court’s ruling will have on current DACA recipients and people who are eligible to request DACA.
If you have questions about DACA, please contact our immigration legal services team at Catholic Charities to schedule a free consultation to learn more about your legal options. You can reach us at 319-364-7121.
On September 29, 2020, the United States District Court for the Northern District of California issued a nationwide preliminary injunction prohibiting the Department of Homeland Security (DHS) from enforcing USCIS filing fee increases and elimination of fee waivers set to take effect October 2, 2020, as part of pending litigation challenging the legality of the changes. The result of this decision is that USCIS filing fees will not increase and fee waivers are available unless the district court decides the case in favor of DHS or the 9th Circuit Court of Appeals reverses the injunction in response to DHS appealing the injunction or case.
DHS has expressed its intent to appeal the injunction, so the filing fee increase and elimination of fee waivers could take effect in the coming weeks if the appeal is successful. This means that anyone who is preparing applications or petitions for citizenship, adjustment of status (green card), work authorization, bringing a relative to the US, or seeking a fee waiver, should submit their completed application or petition and required documents as soon as possible. Anyone in the Archdiocese needing assistance with USCIS filings is encouraged to set up a consultation with an ILS team member by calling 319-356-7121.
Although we will do our best to help clients file their applications or petitions while the filing fees remain the same, we cannot guarantee submission before any changes take effect. For more detailed information on USCIS and fee changes see the November 2019 issue of the Keeping Families Together Newsletter.
Update: Trump Administration To Review DACA And Reject New DACA Applications
On July 28, 2020, the Trump administration stated that they are doing a “comprehensive review” of the DACA program. In the interim, the Department of Homeland Security (DHS) will not accept new initial DACA applications. A memo published by DHS states that no new applications will be accepted; advance parole will only be available to those in exceptional circumstances, and renewals will be limited to one year instead of two years.
WHAT IS DACA?
DACA was created by former President Barack Obama on June 15, 2012. The policy, known as Deferred Action for Childhood Arrivals, allows those who came to the United States before the age of 16 to apply for “deferred action” and work authorization. Over 700,000 people have benefited from the program since its inception. On September 5, 2017, former Attorney General Jeff Sessions announced that DACA would be rescinded. Lawsuits challenging that decision followed and led to the U.S. Supreme Court to make a decision on whether the government’s decision to end the DACA program was lawful.
WHAT DID THE SUPREME COURT DECIDE?
Note: If you have further questions or are interested in a legal consultation regarding DACA, please contact Catholic Charities’ Immigration Legal Services (ILS) at 319-364-7121.
Update on USCIS Proposed Changes in Fees and Fee Waivers
Dec. 9, 2019, a Judge in the Northern District of California issued a nationwide preliminary injunction barring THE United States Citizenship and Immigration Services (USCIS) from moving forward with changes that would significantly limit access to immigration benefits for low-income people. The decision in the City of Seattle v. DHS case temporarily stops USCIS from continuing to implement changes to the filing fee waiver process that went into effect on Dec. 2, 2019.
Due to the preliminary injunction, USCIS must now continue to recognize the receipt of a means-tested benefit (ie. food stamps or SNAP) as a criterion for eligibility for a filing fee waiver and must continue to accept Forms I-912 with an edition date of 03/13/18 or earlier. It is important to note that this injunction does not prevent USCIS from moving forward with pursuing the separate proposals that would significantly increase fees for certain immigration benefits and eliminate filing fee waivers for all immigration benefits that are not specifically required by law. More information about USCIS’ proposed rules and ways to oppose them can be found on CLINIC's website
USCIS has not yet posted the proper form or updated information on its fee waiver pages, but we encourage all to check this page at USCIS and our Fee Waiver webpage often for updates.
Deferred Action for Childhood Arrivals (DACA) - Supreme Court Update
On November 12, the U.S. Supreme Court heard oral arguments in three cases related to the government’s decision to end DACA (Deferred Action for Childhood Arrivals). This highly-anticipated hearing is a pivotal step in immigrants’ and advocates’ response to the administration’s efforts to end DACA (which would leave roughly 800,000 immigrant youth vulnerable to deportation). It is likely the U.S. Supreme Court will not issue a decision until Spring 2020. Therefore, while we wait, it is important to let those who are eligible DACA recipients know what their options are.
Who can renew their DACA?
Anyone who has previously held DACA and continues to meet the DACA eligibility requirements may apply under the current DHS policy.
When should renewal requests be filed?
Given the uncertain future of the DACA landscape, immigration service providers recommend that DACA recipients consider filing renewals without delay in the event that a future decision causes U.S. Citizenship and Immigration Services (USCIS) (the office that processes DACA renewals) to stop accepting renewal requests. USCIS has been accepting renewal requests that are filed more than 150 days before expiration. However, those who apply more than 150 days in advance run the risk of receiving an extension of less than two full years. Some applicants have also reported renewal requests filed more than 150 days in advance being held for several months before being adjudicated. Ultimately, it is the decision of each DACA recipient to weigh these potential risks against the benefits of a DACA extension before deciding how early to apply or whether to apply at all.
Several media outlets have reported that the Trump administration is planning to launch a series of raids starting this Sunday (July 14) to Thursday (July 18, 2019). The media reports that immigration raids will hit multiple cities, more than the ones that were initially reported to be targeted including the following cities: Atlanta, Baltimore, Chicago, Denver, Houston, Los Angeles, Miami, New Orleans, New York, and San Francisco. They are targeting immigrants with final orders and unaccompanied children who have “aged out”. They have expanded their targets and this would increase the possibility of arresting ‘collateral’ individuals, leading to ICE arresting individuals they encounter who may not have legal status. Although Iowa cities have not been identified as target cities, we know that ICE actions continue to take place and it may even ramp up during this period. We encourage all communities and our faith communities to do what we can to provide resources and comfort for those that may be impacted by these ICE actions/raids. We understand this alarming news continues to stoke fear and anxiety among our immigrant communities across this state. We will partner with allies to help families understand their rights and provide important information so they are prepared.
It is a delicate balance in making sure accurate information is shared but at the same time, we do not inadvertently increase the fear already felt but rather to ask people to take appropriate action. Now is the time to put these plans into action; below are concrete you and your community members can do to help.
Catholic Charities’ immigration attorneys provide affordable legal services to help reunite families by assisting them in navigating the immigration system and advocating on their behalf. We assist with the paperwork for green card and citizenship applications, family and visitor visas, deferred action for childhood arrivals, temporary protected status, violence against women act, and other family-based immigration legal services.
Catholic Charities’ Immigration Attorneys provide FREE legal consultations and presentations.
For more information, call (319) 364-7121.
By: Miryam Antúnez De Mayolo, Immigration Attorney
February 2019
The vast majority of immigrants, both documented and undocumented, pay taxes. It is estimated that 11 million undocumented immigrants in the United States are paying annually an estimated amount of $11.64 billion in state and local taxes. (2016 Institute of Taxation and Economic Policy Report). There is such a strong link between the ability to attain legal status in the United States and the duty to pay taxes, that even when undocumented immigrants lack social security numbers, they legally obtain Individual Taxpayer Identification Numbers (ITIN), which can only be used to pay taxes. Through the years I have had hundreds of clients come to my office with plastic bags and shoeboxes filled to the brim with years, even decades of tax returns and W-2s carefully saved and put away as proof of their fulfillment of a basic American duty. Many immigrants rely on tax preparers with dubious credentials and varying degrees of competence to have their taxes prepared and filed, and we are beginning to encounter some troublesome scenarios that could have dire and costly immigration consequences for any taxpayer who later applies for an immigration benefit for himself or for a loved one. This means that an improperly prepared and filed tax return can negatively affect both, U.S. citizens and non-citizens.
As a caveat, none of the attorneys at Catholic Charities are tax attorneys and we do not pretend to know or give tax-related advice to clients, but some of the mistakes or misguided tax-reducing strategies that we have seen on tax returns can be obvious. The main issue that comes up time and time again, is the issue of listing dependents. When we see a tax return that has several relatives like nieces and nephews listed as dependents, it raises a red flag. We recently met with a gentleman who came to our office after being denied citizenship (he was a legal permanent resident who was applying to become a U.S. citizen). The reason for the denial was the fact that he had claimed children that he considered his nieces as dependents on his tax return. The Department of Homeland Security (DHS) evaluated this information as an intentional misrepresentation and denied his application due to a lack of good moral character. This gentleman is from a region of the world where you can have nieces and nephews that are not related to you by blood, but by virtue of a close friendship with the children’s parents. He did not know that he was not legally allowed to list those children as dependents despite providing financial support to them. The person who prepared his taxes led him to believe that he could do that, so he could have a larger tax refund. Although he immediately filed amended tax returns and paid the IRS the back taxes for those returns, that misrepresentation rendered him ineligible to reapply for citizenship for five additional years.
Another consequence of having many dependents, of having low income, or of not working full time is an increased difficulty or inability to sponsor loved ones for permanent residence. Every category of family-based immigration requires that the petitioner (a U.S. citizen or permanent resident) file an affidavit of support (Form I-864) and show that he/she is making 125% of the poverty level. The more dependents a person has, the higher the income he/she has to earn in Waterloo Office Kimball Ridge Center 2101 Kimball Ave. Suite 138 Waterloo, Iowa 50702 Phone: 319-272-2080 Cedar Rapids Office Sister Mary Lawrence Community Center 420 6th St. SE Suite 220 Cedar Rapids, Iowa 52401 Phone: 319-364-7121 Dubuque Office Archdiocese of Dubuque Pastoral Center 1229 Mount Loretta Ave. Dubuque, IA 52003 Phone: 563-588-0558 order to qualify to sponsor a relative for permanent residence. I recently received a call from a U.S. citizen married to a woman from the Philippines. He receives social security disability and she is in Manila, pregnant with their first child. He has been unable to start the immigration process that would allow his wife to obtain legal permanent residence and live in the United States. He has been unable to do this because, having low income and lacking gainful employment, he would need a qualified co-sponsor that would be willing to sign an affidavit of support with him and he has been unable to find one. He remains separated from his wife and, eventually his child too, until he is able to find a joint sponsor.
In the next several months, most of us, regardless of our immigration status, will be filing our taxes. It is important to emphasize that if you need assistance in filing your taxes, use a reputable, competent tax preparer. Trusting dubious tax preparers with preparing tax returns, coupled with the new public charge policies imposed by this administration (that we addressed in an earlier article) makes the reunification of families even more difficult, and the legal immigration path more onerous.
By Miryam Antúnez De Mayolo
Febrero 2019
La gran mayoría de inmigrantes documentados e indocumentados pagan impuestos. Es estimado que 11 millones de inmigrantes indocumentados en los Estados Unidos pagan $11.64 billones en impuestos estatales y federales al año. (Reporte del Instituto de Tributación y Política Económica publicado en el 2016). Existe un vínculo tan fuerte entre el poder obtener status legal en los Estados Unidos, y cumplir con el deber de pagar impuestos, que a pesar que la mayoría de inmigrantes indocumentados no tienen seguro social, pueden obtener un número especial solo para declarar y pagar tributos (el llamado número de ITIN). Através de los años he tenido cientos de clientes que han llegado a mi oficina con bolsas de plástico o cajas de cartón llenas de declaraciones de impuestos y formularios W-2 abarcando varios años y hasta décadas, prueba de haber cumplido con un deber básico en este país. Muchas personas confían en preparadores de impuestos con credenciales dudosas, y no necesariamente competentes para hacer dicho trabajo, así que estamos empezando a ver casos problemáticos cuando se necesita presentar copias de las declaraciones de impuesto al pedir un beneficio de inmigración: ya sea para uno mismo, o para algún familiar. Esto significa que una declaración de impuestos mal hecha puede afectar negativamente a ciudadanos y no ciudadanos.
Quiero hacer hincapié en que ninguno de los abogados que trabajamos en ILS somos abogados tributaristas, y no pretendemos saber y/o dar consejo legal relacionado a impuestos. Sin embargo, algunos de los errores o estrategias sospechosas que vemos en ciertas declaraciones de impuestos son bastante obvios. El problema más frecuente es el listar a muchas personas como carga de familia (“dependents” en inglés). Cuando vemos una declaración de impuestos que lista como carga de familia a muchos familiares no cercanos, como sobrinos o tíos, sabemos que puede ser problemático. Hace poco me reuní con un señor a quién le habían negado la ciudadanía (era un residente permanente que quería naturalizarse ciudadano). La razón por la cual le habían negado la ciudadanía era porque había listado como carga de familia a dos “sobrinas”, que, si bien no estaban relacionadas a él por consanguinidad, él consideraba familia por ser muy amigo de sus padres y por proveerles asistencia económica. El Departamento de Inmigración tomó esta falta como si fuera un fraude, y no solo le denegaron la ciudadanía, si no que no puede volver a solicitarla por 5 años, pues se considera que este señor no tiene “buen carácter moral” por haber mentido en sus impuestos, y para obtener ciudadanía uno tiene que probar el tener buen carácter moral por los 5 años anteriores. Este señor me dijo que la persona que preparó su declaración de impuestos le había dicho (erradamente) que era legal el listar a esas niñas como cargas de familia, y así le iban a devolver más dinero de los impuestos que ya había pagado durante el año.
El listar a muchas personas como carga de familia, el no trabajar a tiempo completo o el tener un ingreso muy bajo pueden ser situaciones muy problemáticas para aquellas personas que quieran Waterloo Office Kimball Ridge Center 2101 Kimball Ave. Suite 138 Waterloo, Iowa 50702 Phone: 319-272-2080 Cedar Rapids Office Sister Mary Lawrence Community Center 420 6th St. SE Suite 220 Cedar Rapids, Iowa 52401 Phone: 319-364-7121 Dubuque Office Archdiocese of Dubuque Pastoral Center 1229 Mount Loretta Ave. Dubuque, IA 52003 Phone: 563-588-0558 auspiciar a algún familiar para residencia permanente, a punto que pueden ser impedimentos para ese tipo de peticiones. Toda las categorías de peticiones de inmigración en base a lazos familiares requieren que el auspiciador (que es residente o ciudadano), demuestre que gana el equivalente del 125% del nivel de pobreza. Cuanto más personas sean listadas como carga de familia, más alto va a tener que ser el ingreso que se necesite para calificar para auspiciar a un familiar para residencia permanente.
Hace poco recibí una llamada de un señor que es ciudadano norteamericano, casado con una filipina. Su esposa está embarazada con su primer hijo, pero él no ha podido iniciar el proceso para traer a su señora a Estados Unidos como residente permanente, porque tiene un ingreso muy bajo y no tiene un trabajo a tiempo completo. Para poder traer a su mujer tendría que conseguir a un co-auspiciador financiero, pero no ha podido conseguirlo. Va a seguir separado de su esposa hasta que pueda conseguir a un co-auspiciador financiero que califique.
En los próximos meses todos los que estamos obligados a hacer declaraciones de impuestos vamos a tener que hacerlas. El confiar la preparación de dichos documentos a preparadores de impuestos que no estén calificados es sumamente riesgoso. Es muy importante el declarar como carga de familia solo aquellas personas que realmente lo son, de acuerdo a la ley. Cualquier error en sus declaraciones de impuestos, aunado a las políticas sobre carga pública impuesta por esta administración (que ya analizamos en un artículo anterior), puede hacer que la reunificación de familias sea aún más difícil, y que el camino para legalizarse resulte más oneroso.
By Miryam Antúnez De Mayolo
January, 2019
Under the current administration, immigration rules and policies are changing at a dizzying pace. Unfortunately, these changes are mostly detrimental to immigrants and their families.
Two memoranda issued by USCIS (U.S. Citizenship and Immigration Services) in the past few months can have catastrophic consequences for anyone applying for an immigration benefit. A Policy Memorandum from July 13, 2018, which became effective on Sept. 11, 2018, grants discretion to USCIS adjudicators to deny applications, petitions, or requests without first issuing a Request for Evidence (RFE) or Notice of Intent to Deny (NOID). This is a dramatic departure from the prior “no possibility” policy, which required that the adjudicator issue an RFE unless there was “no possibility” that the deficiency could be cured by submission of additional evidence. Under the old policy, the applicant had a chance to supplement or expand his/her initial petition. Under the new policy, a denial can be issued if the adjudicator deems that the evidence submitted is not strong enough, depriving applicants of the opportunity to contest the adjudicator’s findings. Immigration applications can be very expensive, and blank denials without an opportunity to contest USCIS’s findings could end up costing applicants hundreds to thousands of dollars.
The new policy, however, could be more onerous than previously thought, if coupled with the USCIS Memorandum issued on June 28, 2018, which outlines new policy guidance on when to issue a Notice to Appear (NTA) against a noncitizen immigrant. The NTA document is the official charging document issued by the Department of Homeland Security (DHS) to begin deportation/removal proceedings against a noncitizen under federal immigration law. The new policy will have significant negative consequences even for legal immigrants applying for immigration benefits. The new policy impacts all immigration applications, petitions, and requests including citizenship, permanent residence, Special Immigrant Juvenile Status (SIJS), VAWA self-petitions, U (crime victim) visa, and many other applications.
Due to the new policy changes, USCIS officials will now have broader authority to deny initial filings without granting applicants an opportunity to supplement them, issuing case denials over mistakes and missing documents without giving applicants an opportunity to fix them and provide additional documentation. The change in enforcement policy directs USCIS to expand situations in which it will be permitted to issue NTAs against immigrants applying for immigration benefits, including lawfully present immigrants. Furthermore, the policy change dramatically increases the situations that will trigger when an NTA is issued by USCIS and will likely lead to more people being placed in removal/deportation proceedings.
The following are situations in which USCIS will issue an NTA that will lead to deportation proceedings:
1) When an application or petition request is denied and the noncitizen is not lawfully present; or
2) When a lawfully present immigrant’s application is denied and the immigrant is deportable based on specific enforcement categories (based on Trump’s previous executive order); or
3) When there is suspected fraud or if the immigrant has a certain criminal history.
Additionally, USCIS denials for all manner of immigration benefits under this administration have increased by 37 percent (CATO Institute, Nov. 18, 2018).
The stakes are high for immigrants who need qualified legal immigration services. Now more than ever, it is critical that immigrants seeking help with their immigration applications seek qualified, competent immigration legal service providers. Immigrant lives and their future are at risk because any misstep or wrong legal advice or guidance could lead to them being denied immigration relief or more importantly lead to severe consequences such as deportation. For more information please visit the CLINIC link here: https://cliniclegal.org/resources/uscis-issuesrevised-nta-guidance-quick-analysis.
By Miryam Antúnez De Mayolo
January, 2019
The “migrant caravan” originated in Honduras, but many individuals from Guatemala and El Salvador joined the arduous journey as well. Most people traveling in that caravan are fleeing extreme violence and persecution in their home countries and see the caravan as a way to ensure their safety while traveling. These people are trying to reach the United States but not in order to break our laws. Quite the opposite, these people are trying to reach our country in order to avail themselves of a perfectly legal recourse that has been part of our law and jurisprudence for generations: the right to seek asylum. If someone flees her country due to persecution based on ethnicity, nationality, political opinion, religion, or membership in a particular social group, then that person can ask for asylum, which is based on the principle of non-refoulment: the practice of not forcing refugees or asylum seekers to return to a country where they would be persecuted.
In order for someone to seek asylum, that person needs to be:
(a) living or physically present in the United States, or
(b) do so at the airport or a port of entry, which is precisely what the desperate people in the “migrant caravan” are trying to do.
What can people do to help immigrants?
The U.S. Citizenship and Immigration Service (USCIS) issued new policy guidance on when to issue a Notice to Appear (NTA) against a non-citizen immigrant. The NTA document is the official charging document issued by the Department of Homeland Security (DHS) to begin deportation/removal proceedings against a non-citizen under federal immigration law.
The new policy will have significant negative consequences even for legal immigrants applying for immigration applications. Therefore, now more than ever, it is critical that immigrants seeking help with their immigration applications seek qualified, competent immigration legal service providers.
Immigrant lives and their future are at risk because any misstep or wrong legal advice or guidance could lead to them being denied immigration relief or more importantly lead to severe consequences such as deportation.
To view the list of Catholic Charities' Immigration Attorneys and their contact information, visit our Immigration Legal Services webpage. Click here to view the full article on this topic.
For more information on this topic, please visit the CLINIC (Catholic Legal Immigration Network, Inc.) website.
Holiday Guide: Sharing Why You Care About Refugees and Immigrants – Click Here
Increase Deportation Risks for Immigrants under New Immigration Policies: Immigrants Can Be Deported as a Result of Denied Immigration Applications – Click Here
Summary of Proposed Changes to Public Charge Determination – Click Here
Family Separation at the Border – Click Here
Immigration Bill SF-481, signed April 10, 2018 – Click Here
DACA (Deferred Action for Childhood Arrivals) Information – Click Here