Immigration Now!
Increase in Expedited Removal & EB5 Visa Changes
Increase in Expedited Removal
This month, the Department of Homeland Security announced that it will expand the expedited removal process. This process will now be in place throughout the entire United States and will apply to individuals who have been in the US for less than 2 years.
What is expedited removal? This is a fast track process where certain noncitizens are removed without having a hearing before an immigration judge.
Which individuals are subject to expedited removal? By statute, those individuals that are not admissible to the US because they lack valid entry documents, commit fraud or misrepresent a material fact to obtain admission, or falsely claim US citizenship are subject to expedited removal.
How was expedited removal applied before this change? Before this change, expedited removal was only applied to noncitizens that were not admissible for the above reasons, were encountered within 100 air miles of the border, and had been physically present in the US for less than 14 continuous days.
The new process came into effect on July 23rd, and significantly increases the number of individuals that will be removed from the US without having the opportunity to present their cases before an immigration judge. It is important for individuals to know that if they have a fear of persecution abroad, they should inform the ICE officer.
EB5 Visa Changes
On July 24, 2019, USCIS published a final rule making significant changes to the EB-5 Immigrant Investor Program. The final rule is scheduled to take effect on November 21, 2019. The rule makes the following changes:
- Increases the required minimum investment amounts from $1 million to $1.8 million for the standard investment and from $500,000 to $900,000 for TEA investments.
- Revises the standards for certain targeted employment area (TEA) designations;
- Grants DHS authority to designate high unemployment TEAs;
- Clarifies USCIS procedures for the removal of conditions on permanent residence; and
- Provides priority date retention to certain EB-5 investors.
If you have questions about your immigration case here in Florida, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Groups. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any family or marital legal issues you may be experiencing.
Immigration Now!
Changing Asylum Rules
On July 16, 2019, an interim final rule was published changing asylum rules. The new rule adds further restrictions on eligibility for those who seek asylum in the United States. The new rule bars from obtaining asylum those individuals that enter or attempt to enter the United States through the Southern Border but did not apply for protection from persecution or torture in at least one country they traveled through before arriving in the United States. This bar does not apply in the following circumstances:
1. When the individual did apply for protection in another country, but was denied protection.
2. When the individual meets the definition of “victim of a severe form of trafficking in person.”
3. When the individual only traveled through countries that were not parties to the 1951 Convention relating to the Status of Refugees, the 1967 Protocol, or the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.
The rule became effective immediately upon publication.
If you have questions about your immigration case here in Florida, it’s important to speak with an experienced immigration attorney to discuss your specific case and circumstances. Attorney Evelyn J. Pabon Figueroa is an Associate in the Orlando office of CPLS, P.A. She is a member of the firm’s Immigration Practice Groups. Contact Attorney Evelyn today at epabonfigueroa@cplspa.com to discuss any family or marital legal issues you may be experiencing.
