About Me

My photo
Washington DC, United States
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families in U.S. immigration law in areas including, but not limiting to, green card, work visa and waiver matters. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver, and employer-sponsored PERM labor certification; and all types of work visas such as Hs, Ls and Es. We represent clients within the U.S. and abroad. With decades of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services. PLEASE VISIT OUR WEBSITES AT http://www.tiyaimmigration.com , http://www.immigrationresource.net AND http://tiyalaw.blogspot.com , THANK YOU.
Showing posts with label Immigration Policy. Show all posts
Showing posts with label Immigration Policy. Show all posts

Wednesday, August 15, 2018

Immigration Help for Those Affected by California Wildfires




USCIS will expedite or provide discretionary handling of immigration cases impacted by unforeseen or extreme circumstances such as California wildfires.

For additional information, please visit: http://immigrationresource.net/immigration-help-for-those-affected-by-california-wildfires/

August 15, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net


Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

Sunday, April 1, 2018

No More DACA Deal? TN For Mexico in Crisis!

President Trump tweeted: “NO MORE DACA DEAL!” and threatened to terminate NAFTA with Mexico if it doesn't stop people from flowing through Mexico's Southern Border and then into U.S.

It is unclear if the tweet represents a change on DACA which he already rescinded. DACA is partially continued through court action.

Under NAFTA, eligible Mexican and Canadian citizens may apply for TN classification to perform professional business/work activities in the U.S. Unlike H-1B Cap Petition, TN is not subject to an annual visa cap.

For additional information, please see: http://immigrationresource.net/no-more-daca-deal-tn-for-mexico-in-crisis/

April 1, 2018

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

Saturday, July 14, 2012

USCIS Immigration Policy Changes for P-1 Entertainer of Internationally Recognized Entertainment Group

USCIS Immigration Policy Changes for P-1 Entertainer of Internationally Recognized Entertainment Group

U.S. Citizenship and Immigration Services (USCIS) has issued new immigration policy changes for P-1 work visa/petition for: (a) P-1A: internationally recognized athlete, or a member of an internationally recognized athletic team; or (b) P-1B: entertainer of an internationally recognized entertainment group.

USCIS immigration policy changes for P-1B entertainer work visa/petition classification states that P-1B work visa/petition should include individual entertainers coming to the United States to join U.S.-based internationally recognized entertainment groups, and should not be limited to individual entertainers coming to the United States to join only foreign-based entertainment groups.

The relevant regulation at 8 CFR 214.2(p)(3) focuses on whether the group is “internationally recognized”: “having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”

Individuals with P visas/status may consider green card/permanent residence sponsorships such as by employer, family and/or self, and eventually U.S. citizenship. Individuals who do not readily qualify for P-1 visas/status may consider other work visas and/or green card options.

July 14, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver and PERM.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, June 15, 2012

Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)

Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)

The U.S. Department of Homeland Security (DHS) announced today (June 15, 2012) , effective immediately, certain young people who were already brought to the United States as young children may be considered for deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation. Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions. The criteria for being considered for deferred actions are:

1.Came to the United States under the age of sixteen; 2.Have continuously resided in the United States for a least 5 years preceding the date of this memorandum and are present in the United States on the date of this memorandum; 3.Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; 4.Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND

5.Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document. These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

The U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration & Customs Enforcement (ICE) are expected to begin implementation of the application processes within 60 days.

June 15, 2012: By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only; and should not be relied on as legal or any advice, or attorney-client relationship.

Thursday, May 17, 2012

P Work Visas, Performing Artists and Entertainers

P Work Visas, Performing Artists and Entertainers

On May 15, 2012, the U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of P nonimmigrant petitions for performing artists and entertainers. Precedent decisions are administrative decisions that are legally binding on the U.S. Department of Homeland Security’s branches responsible for enforcing immigration laws in all proceedings involving the same issue.

“Culturally unique” requires USCIS to make factual determination on a case-by-case basis, and the style of art or entertainment may include artistic expression of a hybrid/fusion of more than one culture or region and is not limited to traditional art forms.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card and all work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Sunday, May 13, 2012

Visas to the United States, and Obama Administration Continuing its Efforts to Increase Travel and Tourism in the United States

Visas to the United States, and Obama Administration Continuing its Efforts to Increase Travel and Tourism in the United States

President Obama and the White House have taken important initiatives to make the United States of America as the top tourist destination in the world as a way to create jobs and strengthen the U.S. economy, given that the U.S. travel and tourism industry is a substantial component of U.S. GDP, exports, and employment. On January 19th, 2012, President Obama signed an Executive Order and announced new administrative initiatives to significantly increase travel and tourism in and to USA.

Travel and tourism in and to USA promotion efforts have already begun in Canada, Japan, and the United Kingdom, and are planned for South Korea and Brazil later this year.

As an effort to promote and facilitate traveling to USA, considerations are underway to improve various immigration options such as:

1.The Visa Waiver Program (VWP): strengthening and expanding VWP eligibility to nations with low visa refusal rates and rapidly growing economies, as consistent with national security requirements.

2.Shortening Visa Interview Wait Times: Internationally, wait times for visa interviews are generally short, and have dropped dramatically even for travel markets where demand for visas is highest. For example, the wait time for an appointment at U.S. consulates in China; and Brazilian cities of Brasilia, Recife, and Rio de Janeiro, is currently less than a week; and 30 days or less for São Paulo, Brazil. The U.S. Department of State is adding staff and streamlining its operations to continue keeping a low wait time for visa interview.

3.Streamlining the Visa Process: In an effort to streamline visa processing to free up more interview slots for first-time applicants and allow consular officers to more effectively spend their time evaluating higher-risk visa applicants, a new pilot program is now underway at the U.S. Department of State for Consular offices. In this pilot program, Consular officers may waive in-person interviews for certain low-risk, qualified individuals, such as those renewing their visas within 48 months of the expiration of their previous visas, and Brazilian applicants below the age of 16 and age 66 and older. Waiver of in-person interview is at the consular officers’ discretion, and consular officers retain the authority to interview any applicant in any category if security or other concerns are present.

4.Increasing Consular Staffing and Implementing Innovative Hiring Programs: In its efforts to offer visa services in a timely manner and with low wait time, the U.S. Department of State is doubling the number of diplomats performing consular work in China and Brazil over the next year; and the first group of newly hired consular adjudicators, who already speak Portuguese or Mandarin, have already recently arrived at U.S. consulates in Brazil and China.

By Aik Wan Kok Fillali, Attorney USA Immigration Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Wednesday, November 23, 2011

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

On November 23, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B petitions to meet the 65,000 statutory H-1B cap. Nov. 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date (October 1, 2011 or later) in Fiscal Year 2012 (FY 2012). Any petitions arrived on November 23, 2011 or after will be rejected. The USCIS will begin accepting H-1B cap petitions again on April 1, 2012 for employment start-date of October 1, 2012 or later.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties and circumstances.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that were subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption for FY 2012. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions were for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later), and as of November 23, 2011, the FY2012 visas quota (for October 1, 2011 start-date or later) for the 65,000 visa quota has already been closed on November 23, 2011. As of October 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (for this year, it was November 23, 2011 – visa quota for FY 2012). The final receipt date is the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them such as to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who have not made it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability, national interest waiver and PERM labor certification.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Saturday, March 12, 2011

Stranded due to the Earthquakes and Tsunami: Immigration Relief for Japanese and Other Nationals from the Pacific

Stranded due to the Earthquakes and Tsunami: Immigration Relief for Relief for Japanese and Other Nationals from the Pacific

On March, 11, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation, and who have exceeded or are about to exceed their authorized stay in the U.S., may be permitted up to an additional 30 days to depart.

Visitors traveling under the Visa Waiver Program (VWP):
• If you are at an airport, contact the U.S. Customs and Border Protection office at the airport
• All others, please visit the local U.S. Citizenship and Immigration Services office at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60aRCRD
Visitors traveling under a nonimmigrant visa:
• Visit the local U.S. Citizenship and Immigration Services office at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60aRCRD
• Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record

For additional immigration relief options, please visit the Special Situations Web page at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f34d3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=f34d3e4d77d73210VgnVCM100000082ca60aRCRD.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, June 15, 2010

Improvements in I-601 Waivers May Be Soon: Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time!

On June 10, 2010, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman has made formal recommendations to the USCIS to enhance its efficiency in processing applications for I-601 waivers of inadmissibility. USCIS Ombudsman is an independent agency of the Homeland Security to assist individuals and employers in resolving, and identifying areas of, problems with the USCIS; and it also proposes changes to USCIS to mitigate identified problems. The USCIS Ombudsman reports directly to the Homeland Security.

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need I-601 and/or other waivers, etc to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) the commission of certain crime, or even possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience with the U.S. immigration law.

For example, many non-U.S.-citizens and their U.S. citizen families, often times, encountered harrowing experiences when they learned, for the first time, that the non-U.S.-citizen family members are prohibited for a proscribed period (such as 3 years, 5 years, or 10 years) from entering or re-entering the U.S.; or are being removed/deported, or charged with removal/deportation, from the U.S. To the surprise of many, this may be so even if the non-U.S.-citizen has U.S. citizen spouse/child(ren), grew up in the U.S., and/or even has a green card.

For foreign nationals or non-U.S.-citizens who are already stranded abroad as a result of the time bar, the process and wait-time for applying for a waiver, such as an I-601 extreme hardship waiver (I-601 waiver), are complex, lengthy and extremely stressful to both the non-citizens, and their aggrieved family members in the U.S. This is because the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary; immigration regulations have not defined the criteria of “extreme hardship” for I-601 waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide; and the wait-time for an I-601 waiver immigration adjudication office varies widely, from 6 months to 1 year. Certain adjudication offices can take several years to adjudicate an I-601 waiver while an extremely small number of adjudication offices may only take several days to several weeks.

As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

In addition, foreign nationals who are still in the U.S., and aware of their need for I-601 waiver applications, are often times deterred from utilizing the I-601 process by going abroad, where required and depending on the circumstances, to seek the I-601 waiver remedy due to the highly uncertain outcome of the I-601 adjudication process or its excessive wait time. These foreign nationals are faced with the choices of either sacrificing the opportunity in remedying/improving their immigration status/compliance so that they could stay close to their family members in the U.S., or embarking on a risky journey of I-601 process which may result in long-term separation from their families in the U.S.

The USCIS Ombudsman has made several important recommendations to the USCIS Director to change, improve or enhance its adjudication and handling of applications for I-601 waivers such as:

1. Implementing an avenue for concurrently filing of I-130 Petition for Alien Relatives together with the I-601 waiver applications. Currently, where an I-130 petition is required, a foreign national must wait for the I-130 petition to be adjudicated before filing an I-601 waiver application, where required, thereby, unnecessarily increases the wait time for foreign nationals and their U.S. families.

2. Centralizing the USCIS processing of all I-601 waiver applications to achieve faster and more standardized adjudication.

3. Developing a centralized case management system to allow for accurate and centralized tracking of processing time and individual case status. Currently, the case status for an I-601 waiver application, filed at the U.S. Consulate, cannot be tracked using the USCIS online case status, unlike other immigration cases. (USCIS online case status service is available for I-601 waiver cases that are eligible for filing and are filed within the U.S.)

4. Providing clear filing instructions and guidelines to customers on the procedures for a request for expedited processing of an I-601 waiver application. At present, there are no instructions on what must be submitted for such a request for expedited processing.

5. Improving the interactions and coordination between the U.S. Department of State (DOS) and the USCIS to allow expeditious handling of I-601 waiver cases, for I-601 waivers filed at the U.S. Consulate.

6. Establishing a policy on advance file gatherings to allow the I-601 adjudication offices to expeditiously review and adjudicate I-601 waiver cases.

For further information on I-601 waiver applications/cases, please also read our article on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Monday, April 19, 2010

Stranded in the U.S. due to the Icelandic Volcano Eruption? If so, please remember to apply for extension of your stay in the U.S.

The United States has granted special temporary relief to foreign nationals whose status in the U.S. are about to expire and who are stranded here because of the European airport closures due to the Icelandic Volcano Eruption.
Applicable foreign nationals who entered the U.S. under the visa waiver program (VWP) should contact either the U.S. Customs and Border Patrol office at the airport, or the local U.S. Citizenship and Immigration Services (USCIS) office.

Applicable foreign nationals who entered the U.S. with a visa should file a request for extension of status with the regional USCIS office.

In order to comply with the U.S. immigration law and not to complicate or jeopardize future U.S. immigration benefits, foreign nationals who entered under the VWP or visas should be vigilant in not exceeding their period of authorized stay in the U.S.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, January 19, 2010

News Headlines: Haitians who are in the U.S. illegally will likely be able to apply as early as Thursday to temporarily stay in the United States.

Temporary Protection Status (TPS) applications can be filed as soon as official notice is published in the Federal Register, likely Thursday. See http://www.chicagotribune.com/news/politics/sns-ap-us-haiti-earthquake-immigration,0,1855138.story

Monday, January 18, 2010

United States Immigration Relief Measures for Individuals from Haiti

On January 18, 2010, the U.S. Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) issued DHS' immigration relief measures for individuals from Haiti. DHS will continue to monitor the situations in Haiti to determine if additional actions will be required. As of January 18, 2010, the available immigration relief measures include, but are not limited to, the following:

1. Favorable adjudication of applications for extension or change of status. Individuals who previously held valid nonimmigrant status may also apply.
2. Automatic extension of advance paroles until March 12, 2010 for individuals already in Haiti whose parole documents expire on or after January 12, 2010.
3. Individuals already paroled into the U.S. may apply to extend their parole documents.
4. Stay of removal applies on case-by-case basis.
5. Expedited processing of certain pending and/new immigration applications or petitions.
6. Individuals from Haiti who are currently in the U.S. in F-1 student status who may no longer afford their school fees may be able to apply for Employment Authorization.
7. Certain individuals from Haiti currently in the U.S. may apply for employment authorization.
8. Temporary protection status (TPS) applies to eligible individuals from Haiti.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224

www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Wednesday, January 13, 2010

Temporary Suspension of Removal of Foreign Nationals to Haiti, U.S. Immigration Response to Haiti's Earthquake Tragedy

On January 13, 2010, in response to the devastation caused by
the recent earthquake in Haiti, Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton halted all removals to Haiti for the time being.

Green Cards

Work Visas L-V

U.S. Citizenship & Immigration Service

Work Visas: A-G

Labels

Work Visas H-T

Tags

 
USA Immigration Lawyers | Immigration Law Services | USA Immigration News.