This Crisis Will Pass – Trump’s Changes Will Stay Longer

by W. John Vandenberg

“A crise vai passar,” the crisis will pass.  Those are the words I hear over and over in the Brazilian and other immigrant communities, and it is true that this pandemic will pass.  However, during the time of COVID-19, there have been many changes in immigration that affect the immigrant community, and these changes are likely to last longer than the pandemic.

First, all USCIS offices are closed until at least June 4, so no interviews for greencards or naturalization.  The embassies and consulatesare closed as well, so no one is receiving a visa.  Immigration courts for non-detained cases are closed, too, until June 12, which for some immigrants is great news, but for others means they will wait months or even years for their hearing.  Everything will be rescheduled, of course.  But until then, everything is on hold.

Second, USCIS is now requiring the form I-944 Declaration of Self Sufficiency for all adjustments.  This is a huge change.  Before, a sponsor needed only provide an I-864 Affidavit of Support for their family members.  Now, with the I-944, USCIS added a massive burden of time and documentation, requiring tax transcripts for household members, health insurance policies, proof of current income, prior employment history, a credit score and report for the immigrant, proof of English proficiency, education, and more to prove the immigrant will not become a “public charge.”

Third, the Trump Administration is using the COVID-19 pandemic to slow and even stop legal immigration.  The April 22 Presidential Proclamation is just the start.  Currently, it only affects immigrants overseas who don’t have an immigrant visa.  The Proclamation is clearly not about protecting American workers; how does banning parents and siblings of U.S. citizens and the spouses and children of Lawful Permanent Residents save jobs?  Remember also that President Trump said he is going to issue additional measures after 60 days.  And he certainly will.

But now is not the time to be afraid.  Now is the time to be steadfast, keep filing applications, and work intelligently.  Even though USCIS offices are closed, USCIS Service Centers still operating, issuing work cards and processing cases.  For immigrants who were anxious for their day in Court, Motions can be filed to move rescheduled hearings to an earlier date.  Immigrants with weak cases have gained time to build a stronger case, or hope for a favorable change in the law or even a new, kinder President.  Regarding the I-944, our office is already filing these, and it is a good time to do so.  USCIS officers are still learning how to adjudicate these forms, so they are likely to not judge too harshly, and early applicants will be better able to argue their case.  And for the Proclamation, being bold will pay dividends.  With the Trump Administration looking to ban additional classes of immigrants and nonimmigrants over the next few months, the sooner applications are filed, the better.

In this time of change and uncertainty, our team is here to help. We are still scheduling consultations by Whatsapp, Facetime, Skype, and phone.  And once our office is allowed to reopen, we can’t wait to see our current and future clients again and represent you in your immigration journey.

If you need legal advice, or would like to review your immigration options, please contact our office at (610) 664-6271 or visit our website to schedule a consultation. 

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  Readers of this blog should contact our office or their own attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm of Hogan & Vandenberg or its employees. 

Обновленная информация о Президентской Прокламации (декларации) от 22 апреля о приостановлении въезда иммигрантов

Как вы все уже знаете, президент Трамп подписал Президентскую Прокламацию, согласно которой 23 апреля в 23:59 было приостановлено въезд в Соединенные Штаты определенных категорий иммигрантов.

Так что это значит для вас, вашей семьи или вашего бизнеса?  Как и во многих вещах в жизни, некоторым иммигрантам повезло, некоторым не повезло, а некоторым, вероятно, не хватает времени.

Во-первых, кому повезло, он не включен в эту Прокламацию:

  • Все владельцы неиммиграционных виз.  Это означает, что если у вас есть виза H-1B, виза TN, студенческая виза F-1, виза жениха K-1, даже виза для посетителей B-2, вам не будет разрешен въезд.  Потому что владельцы неиммиграционных виз не являются иммигрантами.

   • Люди уже в Соединенных Штатах.

Таким образом, если у вас есть заявка, ожидающая получения семейной или основанной на трудоустройстве гринкарты, вы все равно получите ее, пока человек, который получит гринкарту, находится здесь, в Соединенных Штатах.  И на данный момент Прокламация не мешает вам подать заявку на семейную или основанную на работе гринкарту (и сейчас, вероятно, самое подходящее время).

 • Лица, которые уже имеют гринкарту или уже имеют в своем паспорте штамп иммиграционной визы, действительный по состоянию на 23 апреля.

 • Супруги и дети (в том числе усыновленные) граждан США, в том числе военнослужащие США.

 • Лица (со своими супругами и детьми), которые иммигрируют в Соединенные Штаты, являются медицинскими работниками, исследователями или приезжают для борьбы с COVID-19.

  • Инвесторы-иммигранты EB-5.

  • Определенные иммигранты, то есть переводчики для американских сил за рубежом, которые имеют на это право.

  • Беженцы и просители убежища.

  • Лица, которых определяет правительство, должны быть допущены в правоохранительных целях или в национальных интересах.

Во-вторых, кому не повезло, и они включены в Президентскую Прокламацию:

  • Родители, взрослые дети, братья и сестры граждан США.  Ожидание уже, вероятно, было очень долгим.  Просто стало длиннее.

  • Супруга, взрослые дети и дети законных постоянных жителей США.

  • Лица, которые завершили все для Консульской Обработки и были одобрены, но еще не получили свой паспорт с визовой печатью.

В-третьих, кто занят?  В Президентской Прокламации говорится, что Министры труда и Внутренней безопасности должны в течение 30 дней доложить ему о том, должен ли он ограничить количество неиммиграционных рабочих виз, таких как H-1B и TN.  В Администрации Трампа мы все можем предположить, что эти секретари Кабинета министров, вероятно, сочтут, что ограничение неиммиграционных рабочих виз оправдано, – и попытаются ограничить их въезд.  Таким образом, мы можем вскоре увидеть вторую Прокламацию, очень похожую на мусульманский запрет, который прошел три итерации, прежде чем он прошел рассмотрение Верховного суда.

В это время, если вам повезло, сделайте все возможное, чтобы добиться прогресса в вашем деле.  Если вам не повезло, оставайтесь на месте: иммиграция, как и погода в Западном Техасе, постоянно меняется, и ситуация может улучшиться (или ухудшиться) без особого уведомления.  И если вы заняты, это хорошая идея чтобы оценить ваши варианты и посмотреть, есть ли что-нибудь, что вы можете сделать, чтобы опередить следующую Прокламацию.

Если вам нужна юридическая консультация или вы хотите пересмотреть варианты иммиграции, свяжитесь с нашим офисом по телефону (484) 506-8419, чтобы назначить консультацию.

Информация, представленная на этом сайте, не является юридической консультацией и не предназначена для нее;  Вместо этого вся информация, контент и материалы, доступные на этом сайте, предназначены только для общих информационных целей.  Информация на этом сайте может не являться самой актуальной юридической или другой информацией.  Читатели этого блога должны связаться с нашим офисом или своим собственным адвокатом, чтобы получить совет относительно любого конкретного юридического вопроса.  Ни один читатель, пользователь или браузер этого сайта не должен действовать или воздерживаться от действий на основании информации, представленной на этом сайте, без предварительной консультации с юристом в соответствующей юрисдикции.  Только ваш индивидуальный адвокат может предоставить гарантии того, что информация, содержащаяся в данном документе, – и ваше толкование – применима или соответствует вашей конкретной ситуации.  Использование и доступ к этому веб-сайту или любым ссылкам или ресурсам, содержащимся на сайте, не создают отношений между адвокатом и клиентом между читателем, пользователем или браузером и юридической фирмой Hogan & Vandenberg или ее сотрудниками.

Update on the April 22 Presidential Proclamation Suspending Entry of Immigrants

by W. John Yahya Vandenberg

As you all know by now, President Trump signed his Presidential Proclamation which, as of 11:59pm on April 23, suspended entry to the United States by certain categories of immigrants.

So what does it mean for you, your family, or your business?  As in many things in life, some immigrants were lucky, some were unlucky, and some are probably on borrowed time.

 

 

First, who got lucky, and is not included in this Proclamation:

• All non-immigrant visa holders. That means if you have an H-1B visa, a TN visa, an F-1 student visa, a K-1 fiance visa, even a B-2 visitors visa, you are not barred from entry. Because non-immigrant visa holders are not immigrants.
• Persons already inside the United States. So if you have an application pending for a family or employment-based greencard, you will still receive it, so long as the person who will get the greencard is here in the United States.  And as of now, the Proclamation does not prevent you from applying for a family or work-based greencard (and now is probably a good time).
• Persons who already have their greencard, or already have the immigrant visa stamp in their passport, valid as of April 23^rd.
• Spouses and children (including adopted children) of U.S. citizens, including members of the U.S. military.
• Persons (with their spouses and children) who are immigrating to the United States who are a healthcare professional, researcher, or coming to combat COVID-19.
• EB-5 Immigrant Investors.
• Special Immigrants, essentially meaning interpreters for U.S. forces abroad who qualify.
• Refugees and asylum seekers.
• Persons who the government determines should be admitted for law enforcement purposes or in the national interest.

Second, who didn’t get lucky, and are included in the Presidential Proclamation:

• Parents, adult children, brothers, and sisters of U.S. citizens.  The wait has already likely been very long.  It just got longer.
• Spouse, adult children, and children of U.S. Lawful Permanent Residents.
• Persons who had completed everything for Consular Processing, and were approved, but didn’t get their passport back yet with the visa stamp.

Third, who is on borrowed time?  The Presidential Proclamation states that the Secretaries of Labor and Homeland Security must report back to him in 30 days on whether he should restrict the number of nonimmigrant work visas, like H-1B’s and TN’s.  In the Trump Administration, we can all surmise that these Cabinet Secretaries will likely find that the restriction of nonimmigrant work visas is warranted – and try to limit their entry.  So we may soon see a second Proclamation, much like the Muslim Ban that went through three iterations before it passed Supreme Court review.

At this time, if you got lucky, do everything you can to make progress in your case.  If you didn’t get lucky, stand by: immigration, like the weather in West Texas, changes constantly, and things may get better (or worse) with little notice.  And if you are on borrowed time, it’s a good idea to evaluate your options and see if there is anything you can do to stay ahead of the next Proclamation.

If you need legal advice, or would like to review your immigration options, please contact our office at (610) 664-6271 to schedule a consultation. 

The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.  Readers of this blog should contact our office or their own attorney to obtain advice with respect to any particular legal matter.  No reader, user, or browser of this site should act or refrain from acting on the basis of information on this site without first seeking legal advice from counsel in the relevant jurisdiction.  Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.  Use of, and access to, this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and the law firm of Hogan & Vandenberg or its employees. 

DACA is Dying: What You Need to Know

By W. John Vandenberg

It hurts to write this title.  But we also need to be honest about where we are now.  Because DACA is dying.

In case you missed it, on September 5, Attorney General Jeffrey Beauregard Sessions announced the “winding down” of Deferred Action for Childhood Arrivals (“DACA”).  There are a lot of sources of information directly from the Department of Homeland Security and the U.S. Citizenship & Immigration Service.  Here is a summary of what you need to know about the announcement NOW:

1. No new initial (first ever) DACA applications will be accepted after September 5, 2017.  If you didn’t already mail out your initial DACA application so that it arrived on September 5 – no DACA for you.  That said, maybe it’s not the worst thing in the world.  At least you didn’t give Immigration & Customs Enforcement (“ICE”) your home address — there has been some concern that ICE could use this information to find and deport DACA’s after the program ends.
2. DACA expiring before March 5, 2018?  You have until October 5 to renew.  Don’t wait til the last minute!!!  If you’re short on cash for the filing fee, the Mexican Consulate can assist you if you are a Mexican Citizen.  Other non-profits may help.  Or maybe even your employer.  Ask!  Because you got less than 30 days to get this done.  If you’re in the Philadelphia Area, the Pennsylvania Immigrant and Citizenship Coalition, HIAS, and the Nationalities Service Center are all scrambling to help DACA’s who need help and even money for the filing fee.  This is a deadline.  Got it?
3. If your DACA expires after March 5, 2018, then you’ve got what you’ve got.  Which may be 6 months or longer.  Make good use of it!  And pray for a legislative fix, or at least an extension.
4. If you lose your Employment Authorization Document (“EAD,” or Work Card), don’t panic!  You can get a new one.  Though you won’t get a new expiration date.
5. No new Advance Paroles will be issued.  If your application is pending, it will be administratively closed and you’ll get your money back.
6. Do you currently have Advance Parole?  Good for you!  It’s still valid for the period of time given.  Recent reports of post-September 5, 2017 DACA Advance Parole entries have been fine.
7. When your DACA/EAD card expires: that’s the end of your Deferred Action.  If and ICE officer arrests you, they can detain you.  Even with DACA, if ICE arrests you – especially for criminal matters – they can ask USCIS to cancel your DACA.  And they will.  So PLEASE do not get into trouble!

OK, info and warnings over.  What next?  Lawyer up. Now.  For three really good reasons.

First, an experienced and trustworthy immigration lawyer might be able to figure out a way to get you something better than DACA. Maybe you or a DACA you know has been a victim of crime, or trafficking.  Or maybe they qualify for Amnesty through a parent or family member.  If you just filled out DACA forms, you don’t know.  Because DACA appears to be coming to an end, now is the time.  To get an idea, answer our 27 questions.  Then call us to see how we can help.

Second, it’s time to lawyer up because you may need a good immigration lawyer sooner than you think.  To help you or a family member or friend who gets placed into deportation proceedings. To file a Stay of Removal.  To try to bond you out if you are detained and eligible for a bond. Or just to help you make sense out of all the info you’re getting from Googling it (yea, I know you are). And you might just note that Google actually hires immigration lawyers for their Immigration Specialist positions – it doesn’t Google for immigration answers.  They’re smart people.

And third, lawyer up because we can be really helpful.  I reached out to everyone I represent to answer questions personally.  All the good immigration attorneys I know did the same thing. DACA is special, and DACA’s are special people.  You have a lot of allies cheering for you – don’t forget that.  I want to make sure none of my DACA clients quit school (don’t do it), that they realize they have options out there (everyone does, some more, some less), and reminding them that if Immigration Law has one maxim, it’s this: be here. As long as you are in the United States, you have options.  And everyone DACA has been here for at least 10 years, so they know what it takes to make sure they are here when we get a DREAMER bill, or DACA gets extended, or something good happens to the person (like a loving marriage to US citizen, which can lead to a greencard), or something bad happens (like being a victim of a violent crime , which can give you a chance for a U visa that can lead to a greencard).

So, make the most of the time you have, DACA’s.  Stay out of trouble, of course.  And lawyer up!  Hogan & Vandenberg is here to help you.  Our office number is (610) 664-6271 if you’re in Philadelphia, and (302) 225-2734 in Wilmington, Delaware.

Disclaimer: The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Hogan & Vandenberg or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction.

 

New Rules for Life Under the Trump Administration

by W. John Yahya Vandenberg

So, as you know, President Trump is rapidly issuing Executive Orders. Some of these orders are having major impacts on immigrants and other persons who are not (yet) U.S. citizens.

In light of these developments, we have the following recommendations for persons who are not U.S. citizens:

1. If you are undocumented, then you should be sure that at least two trusted individuals know your name, date of birth, country of origin, “A number” (if you have one), and have the contact information for our office.

2. If you are a U.S. Lawful Permanent Resident (greencard holder), student, visitor, or in other lawful status, carry a copy of your green card, I-94 card, or other proof of legal status with you.

3. If you are here on a student, visitor, exchange, or temporary worker status, CONSULT WITH ME before traveling out of the U.S.  I am NOT telling you to violate or overstay your status.  I’m saying that your legal status today may not be the same as it was on January 25, 2017.  There have, as I’m sure you know, been some changes.

4. If you are from Iraq, Iran, Libya, Syria, Yemen, Sudan, or Somalia, it is highly likely you will not be able to return if you leave the U.S. It doesn’t matter if you have a greencard or a refugee travel documents – do not leave the United States.  If you need to go, CONSULT WITH ME.  Otherwise, no one can say with certainly when — or if — you will be allowed back in.

5. If you have DACA, CONSULT WITH ME before traveling on an Advance Parole. There is a chance that in the next week or so there will be no more Advance Parole for DACA’s.  And you could get stuck outside the US without a chance to come back.

6. If you have a pending I-589 asylum application, I-360 application (VAWA/victim of abuse or Widow/Widower petition, or Religious Worker) or I-485 adjustment of status application, carry a copy of the receipt with you AND give a copy to a trusted person.  And do NOT leave the United States if you are from one of the seven countries.

7. If you have a valid social security card, driver’s license, and/or work permit, carry that with you and give a copy to a trusted person.

8. If you are not currently in status (meaning that you do not have a valid non-immigrant or immigrant visa) for any reason, and have been in the U.S. for more than two years, GET PROOF TOGETHER NOW PROVING YOUR PRESENCE. Proof could be bank statements, phone bills, rent receipts, your signature on your children’s report cards, or other documents. Carry a copy of these documents with you (or keep them in your car), and give a copy a trusted person. Do NOT carry with you any document that says where you were born. This is because it is possible that the new Trump Executive Order could mean that undocumented persons who have been in the U.S. for less than two years could be subjected to “Expedited Removal” without the right to see an Immigration Judge and fight your deportation in Immigration Court.  If they can’t prove where you were born, then we may be able to get the deportation thrown out of court.

9. If you are afraid of being persecuted in your home country and have not yet filed for asylum, CONSULT WITH ME as soon as possible to analyze your asylum case.

10. If you have children: first, THEY HAVE THE RIGHT TO GO TO SCHOOL.  Do not pull your children from school because they don’t have any status in the United States.  The Supreme Court states they have the right to their education, no matter their status.  And generally, ICE stays away as a policy matter from churches and schools.

Second, your children  should always have the name and contact information of a trusted person, and the trusted person should have your information. To be clear, I do NOT believe that ICE will go to schools. But if you get picked up by ICE while the kids are at school, they are going to need a safe place to go after school.  They may need to call your friend to get there.

11. If you do not have a license, consider carefully whether you really need to drive or not. Right now, Philadelphia seems safe. The counties – Montgomery, Bucks, Delaware… I am not so sure. Trump’s Executive Order appears to give police officers to ask about immigration status. You could be taken in and turned over to ICE.

12. If you are in a car which is stopped, only the driver has to present a license. Any passenger should only give his/her name and not answer any other questions. Ask if you are free to leave; if so, leave calmly.

13. If you are stopped by police on the street, you have to give them your name and where you live. Ask if you are free to leave. If not, consider yourself under arrest.

14. If you are arrested, repeat clearly that you want to remain silent and you want a lawyer. Do not answer ANY questions other than your name and your address. Call me, or someone you trust, and tell them to call me.

15. If someone comes to your door saying “Police, open up” DO NOT OPEN THE DOOR. Ask the officials if they have a WARRANT, to pass it under the door. Take a photo of the warrant and send it to me or other trusted person. If the warrant is not signed by a JUDGE or MAGISTRATE and does not have your name and address on it, you do not have to open the door. Don’t answer any questions.

These are difficult times we are entering.  If it makes you feel any better, it’s not the first time a government has scapegoated immigrants.  We’re here for you, and will fight for your rights.

DACA – It’s time to have a talk about Life Under the Trump Administration.

by W. John Yahya Vandenberg

With the election of Donald J. Trump, it is a good time to find out if you or your family member is eligible for something better than Deferred Action for Childhood Arrivals (“DACA”).  There are three reasons we should talk.

First, it’s a good idea to find out if you qualify for something new.  For some if you it has been years since we had our initial consultation; perhaps something about you or your relationships has changed.  Also, no one knows exactly what President Trump will do about undocumented immigrants after he is sworn in as President on January 20, 2017.

However, he has told us what changes he wants to make.  President-elect Trump has said he will end Obama’s “Executive Actions” — and DACA is an Executive Action.  But no one knows when, or even if, he’ll do it.  So we are still filing DACA renewals as early as we can.  There doesn’t seem to be much downside.  If your DACA is ending in 6-9 months, TELL ME.  We should give it a shot. If you didn’t file already, we should discuss and see if it is the right choice for you.

Second, it seems inevitable that President Trump will make life harder on the immigrant community once he becomes President.  It would cost billions of dollars to deport all undocumented immigrants, so many don’t foresee mass deportations as a viable option.  But there is a sense that his administration might just try to make it so hard to live life normally that some would decide to leave on their own.  So, for instance, his

Kris Kobach, Trump Transition Team Member, Potential U.S. Attorney General

Administration, in the words of transition team member Kris Kobach, could crack down on employers of undocumented immigrants, or he could make unlawful employment a serious offense.  Can’t legally work, can’t drive – this would be enough pressure to convince some undocumented immigrants to leave on their own.  Ending DACA, or just letting the program die out by not allowing renewals after he is President, might also accomplish this. So we try should try to find an alternative before he officially becomes President.

 

Third, now is the time to plan, not panic.  DACA’s are already doing so many things right – you don’t have a criminal record, you graduated from high school (or are studying to do so) or college, and you’ve probably got at least one job keeping you busy.  

If Trump is smart, he’ll figure out a way to keep you here, legally. He has already stated that his first priorities are deporting criminal undocumented immigrants and building a wall.  THEN, Trump has stated, he will decide what to do about the “terrific people” who are in the U.S. without status (he actually said you DREAMERs and DACAs are terrific!).  A number of commentators feel like real Comprehensive Immigration Reform is on the horizon, though it’s probably going to make things tougher for most, rather than easier.  In order to be harsh on some groups (most likely persons with a criminal record), Congress could try to soften and sell it by helping some immigrant groups.  DACA’s and DREAMER’s are probably a group who could finally win big.

Problem is: when?  And what if he doesn’t?  We don’t know when anything will happen.  But we know that if President Trump leaves the system we have in place for the time being, many of you could be able to maintain your current status, or get something better.

So I want to hear from YOU.  To get the conversation started, here are 27 questions:

1. Have you gotten married?  Even if your spouse has DACA, or even if they don’t have legal status, perhaps they have a way to stay in the United States that would also give you status.
2. Are you now married to a U.S. Citizen or U.S. Lawful Permanent Resident (“green card holder”)?
3. Does a parent, spouse, or child expect to become a US citizen or get a green card soon?
4.  Do you have a U.S. citizen child?
5. Do you have a spouse, parent, or child who has severe mental, medical, or emotional disability?
6. Have you or a family member (parent, spouse, child) been a victim of crime in the United States, and cooperated with the police in any way?
7. Have you ever in the United States had to call the police for help?
8. Have you ever been forced to work exceptionally long hours without a break and/or 7 days a week without a break and you were not free to stop, quit, or leave?
9. Have you ever been forced, coerced, or tricked into having sex or doing sex industry work like stripping or working as an escort?
10. Did any relative or employer ever file a petition for you, your mother, or your father before April 30, 2001?
11. Do you have spouse, parent, or child who is in the U.S. Military (including the Reserves), or who is an honorably-discharged veteran of the U.S. Military?
12. Do you have a spouse, parent, or child who intends to enlist in the U.S. Military, or would do so in order to help you legalize your status?
13. Has anyone in your family (like a parent, spouse/partner, or child) ever hit, pushed, choked, or otherwise physically or mentally harmed, threatened, insulted, controlled, or otherwise abused you, your parent, or your child?
14. Before you came to the US, were you, your family, or members of a group you belong to (including LGBTQ) targeted by a government, people, or gangs trying to hurt, scare or recruit you?
15. Are you afraid to return to your native country because the government, people, or gangs might target you because of your race, religion, national origin, political opinion, or because you belong to a certain group, including your family, clan, or because you are LGBTQ?
16. If you are under 21, do you live away from your parent or parents, or would you choose to, because they have abused, abandoned, neglected, or similarly mistreated you?
17. Do you have an employer who is willing to sponsor you for a work visa or a green card?
18. When you came to the United States, did you come using a visa?
19. When you came to the United States, did you come using fake papers, or the papers of a family member?
20. When you came to the United States, were you “waived in” without having to show any papers?
21. If you came to the U.S. and were not admitted by Customs, and were never caught by Immigration, do you have a reason to return to your country using Humanitarian Parole to visit sick/elderly relatives or participate in an educational or business opportunity?
22. Were you or your parents born in El Salvador or Guatemala, and did you or your parents enter the US before September 19990?
23. Was your spouse born in El Salvador or Guatemala and entered the US before September 1990?
24. Were either of your parents US citizens when you were born?
25. Were any of your grandparents US citizens when your parents were born?
26. Have you been here at least 10 years, and were not caught at the border coming in?
27. Do you have a field of research or a skill in which you are one of the best?

 

If you answer “Yes” or “Maybe,” then we should talk, because you may have an opportunity to obtain lawful status.  If you are already a client of Hogan & Vandenberg, call my office, there is no additional fee to figure out if we can make your situation better.  If you are not already a client, contact the office and schedule a consultation.

Even if none of the above apply to you, be sure to “like” our firm on Facebook ( https://www.facebook.com/hvlawgroup/  ) so you can get regular updates about immigration law. And if you have a friend or family member who needs our assistance, please have them contact us.

The Day After Trump, For Immigrants

by W. John Yahya Vandenberg

November 9, 2016

Trump’s election is likely going to change a lot of things, especially for immigrants, and most certainly for undocumented immigrants. So let’s walk through what happens now and the following days.

First, not much will change until Trump actually is sworn in in January. So there is some time to figure out who should be concerned, and why.

Second, there are some immigrants who have less time than others to take steps to work on their status. I’m especially thinking about DACA recipients. DACA’s – you guys rock. You are working, you are studying, you are making your communities better places. If you are near or close to 180 days til expiration, NOW is the time to file to extend your DACA. If there is more than 6 months, I think it would be worthwhile to file to extend no later than the end of December. This is about getting as much time as possible.

For persons eligible for DACA who didn’t yet make an initial application, you have a choice to make.  If you apply now for the first time, you are giving Immigration and Customs Enforcement (“ICE”) your address and contact information.  If they want to detain you, they could.  At the same time, if you are granted DACA – well, a Social Security Card is a very handy thing to have, even if it’s only for two years.  So any new DACA’s should carefully consider the potential risks and benefits.

Third, there are some immigrants who don’t have much to worry about. If you have status in the United States – I’m thinking immigrants with work visas, or greencards, or you are petitioning for a relative who is overseas – you should be OK.

Finally, there are some immigrants who have a reason to worry. I’m thinking about immigrants who are undocumented. There is a good chance that after Inauguration Day on January 20, 2017, we’ll go back to the days when ICE could arrest anyone who is undocumented, detain them if they want to, and seek to deport them. It is also quite likely that those persons whose cases are Administratively Closed will see their cases reopened.

To those immigrants without status, our lawyers have been here before, and we know what to do: fight for you in the courts. After the terrorist attacks of 9/11, we saw this: immigrants targeted for detention and removal proceedings. Those who fought often won. Those who gave up, lost, and were either deported or left.

To those immigrants without status, we want you to know that America has been here before. Tonight I am reminded of my law school, the Villanova University School of Law. It is located in Villanova, Pennsylvania, which is a suburb of Philadelphia.

Not many people know that Villanova University is in Villanova because in 1844, “Nativists,” persons who hated immigrants, burned down the St. Augustine Church in South Philadelphia. The Nativists did so because of a rumor that Catholics – then mainly Irish and Italian immigrants – were going to take the Bible out of Philadelphia public schools. The Augustinian Fathers literally were burned out of Philadelphia.

 

Lithograph of the old St. Augustine Church burning in 1844.

But you should also know that times change for the better. The Augustinian fathers founded Villanova University from that terrible incident, and the University served, and still serves, the children and grandchildren and great-grandchildren of those Irish & Italian Catholics who lost their church. The Augustinian fathers sued the city of Philadelphia, and they won compensation for the loss of their church. And they rebuilt St. Augustine’s, which still stands today at 243 N. Lawrence Street in Philadelphia.

The children of those Italian and Irish immigrants got jobs that counted. They served as police, as members of the military, and members of the media. They organized themselves politically and they learned how to make their votes count. Now is the time to work, not to falter or become disheartened.

The sun will rise at 6:40am this morning. I’ll be in the office all day. If you’re worried, know that we’re here for you, and we’ll fight for your rights.  We might even sue.

Missing Tara O’Connor, a Great Immigration Lawyer

by W. John Vandenberg

I miss Tara O’Connor.

We lost a great Immigration Lawyer this year. Tara was one of my first role models as an attorney. I met her when I was a law student, clerking at the Law Office of David E. Piver. Tara was an incredible Immigration Lawyer. Diligent, knowledgeable, and creative, she never hesitated to answer my questions about business immigration. She had an incredible sense of humor, and was an amazing writer. You were a lion in your fight against cancer, Tara, and you are dearly missed.

If you are a friend of Tara’s, or would like to say “thank you” for her help in obtaining immigration status, you can do so by making a donation for the care and education of her two sons. Send a check, payable to the Tara S. O’Connor Donation Account, to:
National Bank By Mail
(Chase)
PO Box 36520
Louisville, KY 40233-6520

Post-script, February 10, 2015

Tara O’Connor

Updates from the Family

By Krista McCraken — 22 hours ago

An update on the Pennsylvania Service–

DETAILS: Tara’s Memorial & Gathering April 25

By Krista McCraken — Apr 17, 2015 8:32am

10:30am–Memorial Mass at St. Patrick’s in Malvern.
Immediately following, the family will be traveling for a private interment of Tara’s ashes. We will meet everyone at the gathering between 1 and 1:30.

The gathering will be at The Lamb Tavern (AKA The Porch Restaurant at the Lamb) in Springfield. They are prepared to receive our guests immediately following the memorial service, even though the family will be arriving later.

We are so looking forward to our family and friends, and feeling Tara with us on her 43rd birthday.

An update on the “Tara S. O’Connor Donation Account”–
Thank you to all who have contributed to this fund. The financial support is truly making a difference, as Morgan looks to continue to raise his boys in their home in Flagstaff. I had indicated previously that we hoped to get an electronic transfer up-and-running for this account, but unfortunately, the bank is not making it easy–or reasonable!–to do so. So, please use the address below to mail your donations.
Tara S. O’Connor Donation Account
Mail these checks to:
National Bank By Mail
(Chase)
PO Box 36520
Louisville, KY 40233-6520

HIV+? Wait here, please….

by W. John Vandenberg

We all know that HIV is no longer a ground of inadmissibility, meaning it can’t block you from getting a visa to the United States. But this year, in March of 2014, the CDC decided that persons with HIV must get a special TB test. And this particular test takes 6-8 weeks for results! The first step is to have a “sputum test” administered on 3 consecutive business days to get the process started. CDC.  Then they are going to wait 60 days to see if the cultures are positive.

We understand the reason for testing — TB is a serious disease.  And we understand that persons who are HIV+ may show a false negative.  But aren’t the x-rays determinative of an active TB infection?  And there is no reason that an HIV+ person can’t take the same TB test as everyone else.

So, for those who are expecting a loved one to process overseas who is HIV+, don’t worry — they’ll get home.  But just make sure you don’t purchase any tickets or flowers for the airport until they actually get here — two months later than just about everyone else…

Stateside Waivers: A Year of Improvements

By Katelyn M. Hufe, Esq.

Last year’s AILA Conference in San Francisco came just 3 months after USCIS launched the provisional waiver program.  Now, USCIS has had over a year to work out kinks in the program.  The result: a 62% application approval rate, increasing clarity in standards and procedures, and the reopening, review and approval of several wrongfully denied applications.

For those of you who may not be familiar with the program, the March 2013 provisional waiver program aims at reducing hardship on families who are separated from their loved one during the waiver process.  Thousands of people unlawfully present in the U.S. require a waiver in order to get their green card through their spouse, child, or parent.

Before, those people had to return to their home country for many months in order to complete the process.  With the new (or year old!) program, people can apply and wait for a decision while here in the United States, and, if approved, return to their home country for a very brief period to obtain their immigrant visa.  Financially and emotionally, this program has been a life raft for families hanging on in a sea of harsh and unstable immigration processing.

Fast forward to June 20, 2014 at the AILA Annual Conference in Boston, and where are we? Well, 62% of applications are being approved, and USCIS has been requesting additional evidence in 31% of cases.  The government has a backlog of 12,695 cases.  USCIS has an impossible goal of completing cases in 90 days (which earned a crowd chuckle), but, more realistically, does try to make decisions within 6 months (although, as many of us know from experience, this often drags out to 8 months to a year).

Finally, we had 2 important takeaways from the conference panel:

1) While USCIS was routinely and inappropriately denying applications where an applicant had minor criminal issues (including, as I learned, traffic tickets!), this problem seems to have been remedied.  USCIS has provided new training and guidance to employees and even reopened many of these denied applications to grant waivers in those cases, and;

2) Through the hard work of AILA, we now have access to USCIS power points, procedures, and checklists that tell us EXACTLY what USCIS is looking for in these application packets.  This information tells us precisely what information and documentation we need from our clients and helps us to do everything we can to get applications approved.

In short, it’s been a good year for the provisional waiver program.  Things are running more smoothly, and AILA lawyers are more equipped than ever to file winning applications.  Let’s hope for a year of even more improvements by the time the AILA 2015 Annual Conference in National Harbor, MD rolls around!

And, as always, feel free to reach out to us with any questions or to learn more about the waiver program.