Immigration Lawyers Sue DHS to extend TPS

Immigration Lawyers Sued the Department of Homeland Security (DHS) to extend Temporary Protective Status (TPS) and protect from deportation El Salvadorans, Haitians, Nicaraguans and Sudanese. TPS for these countries is otherwise is scheduled to be terminated in 2019. Our immigration attorneys have looked into many other options for our clients who are at risk of losing their TPS status but may have other ways to obtaining legal status in the U.S. as permanent residents. Other options include I-601A waivers of inadmissibility, adjustment of status through INA Section 245(i), adjustment of status based on visa entries, cancellation of removal, military parole in place and asylum.

The plaintiffs filed a class action suit and motion for preliminary injunction to force the government to preserve TPS for more than 200,000 individuals, stating that TPS terminations was unconstitutional and violated the Administrative Procedure Act.

To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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Immigration Lawyers Protecting Clients from USCIS

The United States Citizenship and Immigration Service (USCIS) is now, under its new director turning a service agency into a law enforcement arm of the Trump Administration’s Deportation efforts. It has become more essential than ever to ensure adequate representation through a qualified immigration attorney as more undocumented immigrants and legal residents are at risk for deportation and/or being detained by ICE.

The agency has adopted a zero tolerance policy for incomplete USCIS petitions, including those to file applications for lawful permanent residence, naturalization and citizenship, as well as petitions and visa on behalf of family. USCIS and the Trump Administration are also looking into setting up a program to De-Naturalize and take away citizenship of former lawful permanent residents as well as severely restricting asylum applications.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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One of the elements in contesting deportation proceedings is to prove the respondent has been continuously present in the U.S. for a minimum of 10 years prior to the issuance of a Notice to Appear (NTA). In addition, in Cancellation of Removal matters for non-residents, one must prove exceptional and extremely unusual hardship to US citizen children or a U.S. citizen of Lawful Permanent Resident spouse, were the respondent, or undocumented individual, to be removed from the U.S.

Our immigration lawyers keep up to date on current changes and policies in immigration law and policy so as to help our clients regarding any recent updates for their immigration cases.

The U.S.Supreme Court has held that a Notice to Appear in Immigration Court not containing the date and time of the hearing does not cut off the 10 years presence required to grant the person the right to contest deportation. A putative notice sent to a nonpermanent resident to appear at a removal proceeding that fails to designate a specific time or place for that proceeding does not end the continuous residence period calculation necessary for possible cancellation of the individual’s removal. This was the holding of a recent U.S. Supreme Court case in the matter of <em>Pereira v Sessions</em>.

The rationale underlying the Court’s decision broadly affects both ongoing and closed cases initiated by defective Notices to Appear. However, on August 31, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of Bermudez-Cota limiting the reach of Pereira v. Sessions to the stop-time rule.

On June 21, 2018, the U.S. Supreme Court held in <em>Pereira v. Session</em>s, that the service of a defective Notice to Appear does not cut off eligibility for cancellation of removal. The rationale underlying the Court’s decision broadly affects both ongoing and closed cases initiated by defective Notices to Appear. However, on August 31, 2018, the Board of Immigration Appeals (BIA) issued a precedent decision in Matter of Bermudez-Cota limiting the reach of Pereira v. Sessions to the stop-time rule.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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Immigration lawyers convinced a federal court to allow parents whose children were detained at the border and separated from their parent or parents to reapply for asylum a second time and remain in the U.S. until an asylum interview is conducted. According to current law, if the adjudicator determines the family has a credible fear of returning to their home country, they would be entitled to an immigration court hearing with the abiltiy to apply for work authorization while their asylum claim in pending.

Our immigration attorneys in San Francisco, California and Reno, Nevada prepare our clients for asylum interviews and prepare I-589 asylum applications for clients from Mexico, El Salvador, Guatemala, Honduras and other countries in South and Central America and all over the world. When one applies for asylum and the application is pending for over 150 days, one is entitled to request employment authorization in order to legally work in the United States.

Our immigration attorneys also represent clients in Immigration Court on cancellation of removal, waiver of inadmissibility and many other family immigration cases and removal defense.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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Immigration Lawyers Applaud CA Health Care for the Undocumented

The state of California has announced a proposal to become the first state in the nation to offer full health coverage to undocumented adults, even as the Trump administration intensifies its crackdown by separating families at the border and has opposed California cities such as San Francisco who are deemed “sanctuary cities” for undocumented immigrants. Our immigration attorneys are constantly up to date in changes in immigration law and policy.

The proposal would build on Governor Jerry Brown’s 2015 decision to extend health coverage to all children, regardless of immigration status.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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6 States Sue to End DACA

Six states, mostly in the South and led by the Texas Attorney General, have filed a suit alleging the President did not have the executive power when President Obama signed DACA into law in 2012. Meanwhile, California and other states have also sued to keep DACA open but contending that President Trump does not have the power to end DACA. The Department of Homeland Security has less than 90 days to clarify their position and, if not successful, this suit may even allow those who have never filed DACA to file initial requests.

Our immigration attorneys are keeping up to date so that we can continue to help our clients who are Dreamers, hopefully including those who have never been able to initially file for DACA. To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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Dreamers, DACA and University Diplomas

Despite the president’s attempts to end DACA, which has been stopped at least temporarily by California and other State Lawsuits against the Department of Homeland Security, additional states, Nebraska, Indiana and other states Trump won in 2016 are pushing back on the Administration and supporting Dreamers, whom they believe have offered a positive contribution to their state economy and business environment.

Our immigration attorneys keep up to date on changes in immigration law and policy.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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US Visa Entry Vetting by Social Media

The U.S State Dept has announced plans to inspect social media contacts of foreign visitors from certain countries entering on Visas. Our immigration lawyers have been made aware that those requesting US visas have been asked for their passwords and usernames by Customs and Border Patrol and now it seems the government is taking this a step further by requesting applicants to disclose their usernames and/or passwords dating back several years so that one’s social media history can be reviewed before determining if one is able to enter the US on a visa.

Our immigration attorneys are keeping up to date on current changes to immigration law and policy.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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Immigration Lawyers Filing for DACA after USCIS Reopens Renewals

On Saturday, January 13, 2018 U.S. Citizenship and Immigration Services (USCIS) announced the DACA program has been reopened for those whose DACA had expired before DACA was rescinded by the president in last year. Our immigration attorneys have been working with clients who are eligible to renew or file a new request so that we can file for our clients as soon as possible.

In a statement, United States Citizenship and Immigration Services said that “until further notice,” the Obama-era program, Deferred Action for Childhood Arrivals, known as DACA, “will be operated on the terms in place before it was rescinded” in September, when President Trump moved to end it.

The agency said on Saturday that people who were previously granted deferred action under the program could request a renewal if it had expired on or after Sept. 5, 2016. People who had previously received DACA, but whose deferred action had expired before Sept. 5, 2016, cannot renew, but can instead file a new request, the agency said.

However, those who have never filed DACA, has had their DACA expired for over 1 year or whose DACA has been terminated by USCIS, cannot file for an initial or renewal request.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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Federal Judge Enjoins DHS from Halting DACA Renewals

When DACA ends in March of this year, pursuant to an order from the U.S Attorney General, it is estimated up to 1000 current DACA recipients will lose status each and every day. The California Attorney General, along with other entities, filed suit in San Francisco asking a Federal District Court Judge to issue an injunction prohibiting the Department of Homeland Security for eliminating DACA. That request was granted pending a full hearing on the merits of the case and our immigration attorneys are awaiting further information and updates to find out if we can file DACA renewals for our clients facing the expiration of their work authorization.
Meanwhile Democrats in Washington are threatening a government shut down if DACA is not resolved prior to March when the program is supposed to end.

 To contact our immigration lawyers for a free consultation contact our immigration law office at (415) 513-4533 or toll free at (877) 626-3771. You may also contact our lead immigration attorney via email by clicking here. 

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