WHY
CHOOSE US
CHOOSE US
On October 4, 2019, the Trump administration enacted a policy requiring all prospective immigrants to prove they’ll have U.S.-based health insurance within 30 days of arrival, or will have enough money to pay for “reasonably foreseeable medical costs.”
On November 3rd, that bill will go into effect.
The bill, aimed squarely at family-based migrants, could stop 375,000 people from entering the country.
The bill will require visa applicants to identify a specific health insurance plan that they have purchased, and the date coverage begins. Consular officers may also ask for additional information.
“Reasonably foreseeable” has not, to date, been defined.
The health plan may not be subsidized, and if you have a temporary health plan it must last for 364 days. Under the new rules, Medicaid is also ineligible. An employer-based health plan does count, which may allow some family members to gain insurance through loved ones who are already in the United States legally.
Finding an insurer who will help is difficult. Many won’t insure someone who doesn’t have a social security number. Costs are exorbitant, and the system is difficult to navigate.
The bill doesn’t cover certain immigration classes. These are:
If you have a visa that was issued prior to November 3rd you won’t have to meet these requirements, but you may have to keep them in mind when your visa is up for renewal.
If you are trying to join family members in the United States you may wish to reschedule your visa interview. This may buy you some time, either for clarifications to the monetary requirement, or for legal challenges to get through the courts.
The policy is already facing challenges in the courts and pushback from advocacy groups. Seven U.S. citizens and a non-profit organization have already filed suit in the United States District Court, District of Oregon.
This may also buy you time to find suitable health insurance which meets the requirements, which may be possible with a little bit of digging.
Finally, this may allow you to work with your attorney to see if you can accomplish immigration through a different status, one that remains unburdened by this health insurance issue.
See also:
Three Legal Wins for Immigration
In the News: Alarming Changes to Medical Deferred Action Program
What Happens When You Lose Your Job on an H1-B Visa?
The Supreme Court will hear whether asylum seekers have the legal right to challenge their expedited removal proceedings in federal courts. Expedited removal proceedings allow immigration authorities to remove someone without any immigration hearing before any judge. The hearings will be scheduled early next year, and we can expect to see a ruling by July.
The case is a Trump Administration appeal case. In the case Thuraissigiam v. USDHS, The 9th U.S. Court of Circuit Appeals has already ruled that the Constitution guarantees asylum seekers a “meaningful opportunity” to show the criteria are met. Thuraissigiam was seeking asylum from racial persecution in Sri Lanka. According to the asylum officer and a federal judge, he did not meet asylum criteria. He was subject to expedited removal, which he challenged with a petition of habeas corpus.
Habeas corpus means “you have the body.” It is used to challenge any unlawful detainment or restriction. A habeas petition alleges the filer was subject to detainment or restriction in violation of Constitutional law, rather than state law or even federal criminal or immigration statutes.
A lower court dismissed Thuraissigiam’s habeas petition.
Expedited removal orders typically come after an immigration judge has determined an asylum-seeker does not qualify for asylum. They can also happen if you’re caught within 100 miles of a land border within 14 days of arrival.
Last month, the Trump Administration did its best to expand when and how expedited removal orders may be used. The Trump Administration wished to include undocumented immigrants anywhere in the US who can’t prove they’ve lived in the US continuously for two years or more. That particular case is unrelated to the current matter under appeal.
It seems unlikely that this administration will stop looking for ways to get more immigrants out of the country faster.
The Human Rights Watch notes the US Government passed the Refugee Act of 1980 in order to bring the nation into compliance with the Refugee Convention and Protocol, and that the US is obligated not to return someone to a country where there are substantial grounds for believing they would not be subjected to torture as a signatorty to the Convention Against Torture.
“Human Rights Watch has found that under expedited removal, as previously applied at the border, US immigration officials have failed to properly identify asylum seekers and have therefore violated its international human rights obligations.” –HRW.Org
Many asylum speakers report they’re never referred for a credible fear interview.
See also:
Three Legal Wins for Immigration
Supreme Court Temporarily Upholds New Asylum Rule
What are the Grounds for Cancellation of Renewal?
It’s hard to be an immigration attorney without noticing all the bad news. It’s been a tough series of years for immigrants, with a current administration who seems intent on making it even tougher.
Nevertheless, there is reason to take heart.
Three separate pieces of Trump Administration immigration policy were blocked by significant legal challenges this week.
The Trump Administration wanted to give ICE the authority to simply deport anyone who is in the country illegally and who has been here for less than two years. A federal judge blocked this effort.
Thus, you are still entitled to a full deportation hearing in front of a judge if you are eligible for removal. Just remember a hearing before a judge is generally minimally effective if you don’t have a qualified immigration attorney on your side.
U.S. District Court Judge Andre Birrote Jr. issued a permanent injunction against this practice. ICE may no longer rely on databases alone to issue detainers, requests made to police agencies meant to keep people who have been arrested in custody for two days beyond the time they normally could have been held.
These detainers made it easier for ICE to launch and conduct the deportation process. The Hon. Birrote found massive flaws in the databases and in the process. Officers will now have to provide justifications other than the information in the database.
There are exceptions. In states where state law authorizes civil immigration arrests on detainers ICE will be able to proceed as before. In Pennsylvania, ICE requests for detainer are treated more like requests, not demands, and many counties have stopped using them altogether. In some cases, law enforcement may be held liable for honoring ICE requests; most choose not to take the risk.
Under the 1997 Flores agreement, the government is obligated to release detained children as quickly as possible. They are barred from holding children more than 20 days, regardless of who they traveled with.
The agreement also requires the government to provide immigrant children with a minimum standard of care. This includes edible food, clean water, soap, and toothpaste.
The Trump Administration wished to remove these protections, a move a federal judge blocked.
Don’t let a little good news make you complacent.
You need expert immigration help to stay in this country, and sometimes even to avoid criminal prosecution.
Hykel Law can help. Contact us today for a thorough case review.
Things have gotten harder for immigrants who wish to claim asylum in the United States. While the Supreme Court’s action is a provisional one, it has nevertheless ensured that thousands of desperate migrants will find it all but impossible to move forward.
The rule prevents migrants who have resided in or traveled through third countries from seeking asylum in the United States. The only exception is for individuals who applied for and were denied asylum in these other countries.
The Trump Administration claims they are doing this to prevent “forum shopping.” They want migrants to seek asylum in the countries they pass through, rather than in the United States.
They have made their provisional action without allowing the entire matter to move through lower courts. This means the Supreme Court could hear the case again. The “queue jumping” itself is a matter for some concern.
The rule isn’t the only challenge asylum seekers are facing.
For example, the Migration Protection Protocols are creating more hurdles than ever. These protocols force people to wait in Mexico for their asylum court dates. This means they must cross over the border before going to their hearings. Often, these border towns leave them at the mercy of local drug cartels.
At times, border agents will detain them and force them to miss said hearings. Unless they have a lawyer who can fight to keep the case open again, these individuals are then deported for missing their court date, through no fault of their own. The courts themselves can hardly tell the difference between migrants who are detained through no fault of their own, and migrants who have simply given up and returned home.
Migrants are also being presented with a great deal of misinformation. Sometimes, they aren’t getting vital documents at all.
“Some migrants have turned up in court to find that their cases are not in the system or that the information on them is wrong…others have received conflicting instructions…In open court, judges have raised concerns that migrants in Mexico, often with no permanent addresses, cannot be properly notified of their hearings. On many documents the address listed is simply the city and state in Mexico to which the migrant has been returned.” –NBC News
If you have friends or relatives who plan to ask for asylum it’s a good idea to make them aware of these rules. You should also encourage them to approach legal ports of entry to ask, rather than crossing the border illegally and surrendering to border patrol agents.
If a migrant enters legally they have a much better chance of passing their “credible fear” interview.
You also should see about getting them help from a qualified immigration attorney before they begin their journey.
See also:
Avoid These 3 Green Card Sponsorship Mistakes
What Are the Grounds for Cancellation of Removal?
Alarming Changes to Medical Deferred Action Program
The medical deferred action program is a program which allows immigrants with severe medical conditions like cancer or cystic fibrosis to remain in the United States for two year grace-periods. It was never an easy program to gain protection under, but it has been a life-saver for some thousand immigrants who have needed it.
And while it has not formally ended, new policies have vastly complicated the receipt of this kind of relief because USCIS is no longer processing the applications. ICE is.
USCIS alarmed hundreds of immigrants by sending out letters denying their medical deferred action requests. The letters failed to notify immigrants that ICE now handles these requests.
They threatened immigrants with legal consequences if they did not leave the country in 33 days.
The Trump administration did nothing to announce this change. The media recently got wind of it and investigated.
The change affects all applications, including pending applications and new ones.
This change is alarming for several reasons. First, ICE is tasked with removing immigrants, not with helping them. Second, there have been no announcements pertaining to the procedure ICE wants immigrants to use, which opens the door for them to deny applications on obscure procedural grounds.
This is why some activists have suggested that the real purpose of the shift is to end the program. ICE claims they will, “review each case on its own merits and will exercise appropriate discretion after reviewing all the facts involved.”
This shift doesn’t affect DACA deferrals or other deferred action requests.
Even if you’ve received one of these denial letters, there are still cancellation of removal defenses you can take advantage of. You’ll need an experienced immigration attorney to help.
Getting approval under this program was always difficult. It may even be wiser to switch your focus, attempting to get your status settled under a program that’s a little more stable.
The one thing you don’t want to do is ignore the problem, or panic.
Activists are already fighting the change. 19 states are already suing the administration over this move, and federal judges have certainly blocked many of Trump’s other immigration moves. There is reason for hope.
But it’s important to make sure you’re personally taken care of in the short term while the legal battle plays out in the long term.
See also:
What Are the Grounds For Cancellation of Removal?
H-1B visas require sponsorship from a company with whom you share a verifiable employer-employee relationship. And while you do not immediately pass out of status when that relationship ends, things can get a little complicated.
Here’s what you need to know.
If an American employee is entitled to severance pay after being laid off or fired, then you are, too. Understanding what your American colleagues should receive after losing their job may give you vital resources to manage while you’re trying to navigate both your status and your finances.
Just keep in mind that all H-1B employment is “at-will,” and certain employers don’t provide benefits to any employee in the event of a layoff or termination, regardless of that employee’s country of origin.
Meanwhile, your former employer must immediately notify USCIS that you’re no longer working for them.
If they can’t find an employer, many H1-B holders choose to pursue student visas. However, it may not be necessary.
If you’re here on one of the more than 70% of all H-1B visas going to the tech sector, then you may find plenty of employers hungry to snap you up. And while they must file a form, you can usually start working for them before USCIS approves the transfer. Which is good, because delays are exceedingly common.
Waiting to leave could be a bad idea if you don’t have a game plan. While you’re still in status, you can get your employer to pay the costs of your plane ticket.
And since accruing up to 180 days of illegal residency can bar you from re-entering the states for 3 years, or 365 for ten, it may be a good idea to head home while you continue to wrestle with your status.
The actions of temporary companies are fueling a great deal of the pushback surrounding H-1B visas. Often, they bring workers in and then don’t place them on job sites for weeks.
As a result, requests for evidence making it clear that a job is waiting every day that the visa is valid are piling up. And if you’ve been working for one of these companies, you’re out of status every day that they don’t put you on a job site. This can cause problems when it’s time to renew. You may want to seek legal help now.
Even practically perfect applications are seeing lots of denials. Employers who try to fill out their own forms exacerbate the problem.
Whether you’re acting as a sponsor or the sponsored, it is not a good idea to go it alone. Transfer, new application, or renewal, it hardly matters: USCIS officials are looking for any reason to deny your application. Working with a good immigration lawyer can help tip the odds back in your favor.
See also:
The Line for Immigration Grows Longer, and Longer
Avoid These 3 Green Card Sponsorship Mistakes
If you’re not a legal permanent resident (LPR) of the United States, and you’ve been served with a Notice to Appear at a deportation hearing, then cancellation of removal is one of the avenues you and your immigration lawyer might be able to use to keep you in the country.
It is not a defense that applies to everyone. You must meet some fairly stringent requirements.
First, let’s talk about the most common form, known as a Non-LPR Cancellation of Removal.
This defense could work for you if:
See also: What You Need to Know About Good Moral Character in Your Immigration Case.
It can’t work for you if:
You will need to provide evidence that you meet all the criteria. For example, you’ll need to bring things like leases, medical records, and affidavits from friends and family members to show that you’ve been in the country for the requisite ten years.
Usually proving continuous presence isn’t the hard part, though. It can take a very skilled attorney to demonstrate undue hardship. There are pitfalls worked into the application process itself, such as answering the question of whether your loved one would come with you if you are deported. Sometimes there is no good answer to this question, as it could hurt you either way. You need someone who can help you develop a strategy, and who can help you make a good case for the answer you choose.
Gaining protection under the Violence Against Women Act (VAWA) is a little easier, if you qualify. If you have been the victim of domestic violence, you could be eligible if:
To use this defense, you will first have to prove that you were a victim of domestic violence. Then, you’ll have to establish that you’ve met all the other requirements. As with standard LPR cancellation of removal defenses, you’ll need expert help to do this, especially as this form of relief is discretionary, which means a judge does not have to grant the cancellation of removal even if you do meet the requirements.
If you don’t qualify for either form of cancellation take heart; there may still be things we can do to keep you in the country. For example, victims of domestic violence may be able to qualify for other forms of relief which would allow them to apply for a VAWA visa.
See also: What to Do if DACA Ends.
If you do qualify for one of these two forms of relief, you’ll be allowed to stay in the country…and you’ll receive a green card of your own, transforming you into an LPR.
The Supreme Court will rule on DACA in their next term, which begins in October 2019 and runs until June of 2020. There, they will decide whether to back the 3 federal judges who have already ruled the Trump Administration’s efforts to end the program are unconstitutional.
The Trump administration argues Obama exceeded the powers granted to him by the constitution by bypassing to create DACA in the first place. The majority of the judges on the Supreme Court are conservative, which may give the Trump administration an edge.
For a look at a 2016 Supreme Court case which may get cited in the upcoming decision, read this post.
It is uncertain what laws may pass in DACA’s place if it ends, or what will happen to people who are currently under DACA’s protection. Even if no deportations take place, the end of the protection would still mean, for most Dreamers, an inability to get a driver’s license, an inability to work legally, and an inability to attend college.
The Center for American Progress estimates the ruling could have an immediate impact on 700,000 individuals.
But that does not mean Dreamers are without recourse. If you’re a Dreamer you may qualify for a number of other immigration statuses, some of which could even provide a path to citizenship DACA currently lacks.
See also: As Legal Battles Rage, Pennsylvania Residents Remains Friendly to DACA Recipients.
The Immigrant Resource Legal Center estimates 15% of current DACA recipients could take advantage of other statuses.
The first strategy would be permanent residence through a family member. This includes the “Parole in Place” program offered to the family members of active duty members of the U.S. Armed Forces or veterans. The latter offers a legal pathway to adjust your status.
If you are a victim of a crime you may qualify for a U visa. You would qualify if you meet four criteria, but be careful: there is a lot of wriggle room in the language. You will need an immigration lawyer’s help to make your case. Simply being the victim of a crime is not enough.
See also: Military Service No Longer An Easy Path to Citizenship.
The Violence Against Women Act offers provisions to immigrants who have been abused by U.S. citizens. It offers an expedited path to legal residency.
If you are a victim of human trafficking you could be eligible for a T visa. This visa lets you remain in the United States to assist in the investigation and prosecution of traffickers. This visa also allows you to remain in the United States if you are a minor who was trafficked, regardless of your ability or willingness to help law enforcement. This visa is valid for 3 years, and grants the ability to apply for permanent residency after the three year period.
The Special Immigrant Juveniles status offers protection if you’ve been abused, neglected, or abandoned by a parent.
Immigrants who have or can seek asylum status may also apply for permanent residence within one year of being admitted to the United States.
See also: What is the Current Law on Claiming Asylum in the United States?
It may seem like most of the pathways to residency mostly require you to have suffered grave distress. But there is one more pathway to residency, one that might be a logical step for Dreamers who are already employed. An employer, or even a prospective employer who has issued a job offer, may sponsor you. However, as with other immigration categories, you must meet certain criteria. Simply having an employer is not enough.
It goes without saying that each of these forms of recourse are difficult to obtain without the help of a skilled immigration attorney. Don’t take chances and don’t wait for DACA to be decided. Start investigating your options now, before time runs out.
If you’re trying to sponsor someone for a green card, there are a few things you should know. Otherwise, you could be in for some nasty surprises later.
First, recognize you can only sponsor immediate relatives, your husband or wife, or your fiancé. Employers can sponsor people for a green card too, but that’s a different post.
Second, recognize green card awards aren’t automatic. You’ll have to apply. And as the sponsor, you’ll have to meet certain requirements.
To be a sponsor you must be willing to warrant via affidavit that you are capable of supporting whomever you’re trying to sponsor. The government wants to ensure the recipient won’t have to use any public assistance.
A lot of people get tripped up here when they try to bring elderly parents over from other countries. They don’t realize their parents won’t have access to Medicare like elderly Americans do.
Make sure you can afford to buy private health insurance for your family members. Otherwise you could be one financial disaster away from ruin.
The government is more skeptical of marriages than you might believe. Don’t ever fake a marriage just to help someone stay in the country.
There are dozens of ways UCSIS can check for a fraudulent marriage. They’ll be asking if your fiancé has met your parents, and if you’ve met his or hers. They might produce a request for evidence that shows other elements of a bonafide marriage.
See also: 5 Things Same-Sex Couples Should Know About Immigration.
Make sure you fill out the applications completely, to the best of your ability. Don’t “forget” to add things you think might work against you.
Have you heard “the cover-up is worse than the crime?” That’s true with UCSIS too. The temptation is easy to understand in this tough immigration climate, but you’re just setting yourself up for legal problems later.
See also: What You Need to Know About “Good Moral Character” In Your Immigration Case.
Whether you’re seeking a green card for yourself or someone else, it pays to have an experienced immigration lawyer on your side. Contact Hykel Law today.
With our office’s help, you will find the entire immigration process easier, and will be able to navigate around the pitfalls that keep so many people from success.
We look forward to helping you with your immigration case. We have the experience, knowledge and staff to handle your matter swiftly. Reach out today to discuss your needs for representation.