Immigration Now: Immigration Bill & Changes to Asylum
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Immigration Bill
President Biden sent an immigration bill to Congress which includes the following:
- Five-year pathway to permanent residence for undocumented immigrants present in the country on January 21, 2021, followed by a three-year wait for naturalization.
- Eliminating the three- and ten-year bars that prevent many individuals from returning to the US for 3 or 10 years because of previous unauthorized stays in the country.
- Requirement to provide counsel to children and other vulnerable individuals placed into immigration proceedings who cannot afford a lawyer.
- Emphasize smart technology for border management, including the modernization of border infrastructure at ports of entry.
If passed, this bill would open the possibility of obtaining legal status to millions of individuals that currently reside in the country, as well as to family members of many US citizens and lawful permanent residents.
Asylum Seekers subject to Migrant Protection Protocols will be Allowed Into the Country
During the Trump administration, asylum seekers at the Southern border were sent back to Mexico to wait for court hearings. The current administration stopped this practice and created a plan to allow those currently waiting in Mexico under the Migrant Protection Program (MPP) to be allowed entry into the country.
Phase One of the process will start February 19th. Individuals in MPP with a pending case will be able to find out when and where they will be allowed to reenter using an online or phone service. Upon entry, they will be placed in an alternative to detention program and released to a local border shelter for transportation to a final destination.
‘Safe Third Country’ Agreements Ended
President Biden suspended and began the process of withdrawing from the Asylum Cooperative Agreements entered into by the prior administration with Guatemala, Honduras, and El Salvador. Under the terms of these agreements, individuals seeking to apply for asylum in the US could be denied this opportunity and sent to one of the above countries to apply for asylum there. This could be done even if the applicant did not pass through any of these countries on their way to the US.
If you would like to talk to an attorney to discuss your immigration options, contact Attorney Evelyn J. Pabon Figueroa at (407) 647-7887 or epabonfigueroa@cplspa.com.
Immigration Now!
Fraudulent marriage, Asylum & Lack of Notice of the One-Year Requirement to File an Application, and Work Permits for Those Ordered Removed
Fraudulent marriage
Immigration laws allow a spouse to file an immigrant petition on behalf of their foreign spouse, even if the foreign spouse’s prior spouse already filed a petition for their benefit and the petition was denied. But, if the prior marriage was fraudulent and entered into for the purpose of evading the immigration laws, the new petition will be denied. It is not relevant that the new marriage is not fraudulent.
In a recent decision by the Board of Immigration Appeals, the Board expanded the above and determined that the new petition may be denied because of a prior fraudulent marriage, even if the reason given for the denial of the prior petition was not the existence of a fraudulent marriage. In Matter of PAK, 28 I & N Dec. 113 (BIA 2020), the Board clarified that the Field Office Director may look at the file, including the one for the old petition, and make a new determination about the existence of fraud in the first marriage.
This case highlights the importance of reviewing an individual’s immigration file before submitting any new petitions or applications, as well as the need to address any inconsistencies or red flags contained in the file when filing the new petition or application.
Note: In this case, there is mention of a home visit by USCIS while reviewing the first marriage based petition. Therefore, it is important that petitioners and applicants for immigration benefits be aware that home, as well as work-site, visits are possible and they need to be prepared for them.
Asylum & Lack of Notice of the One-Year Requirement to File an Application
On November 4, 2020, a nationwide settlement was approved by the U.S. District Court for the Western District of Washington in Mendez Rojas v. Wolf, No. 2:16-cv-01024-RSM (W.D. Wash. Nov. 4, 2020), that affects asylum seekers.
The settlement applies to (1) individuals who were encountered by DHS upon arrival or within 14 days of unlawful entry, were released by DHS after they were found to have a credible fear of persecution or torture, and did not receive individualized notice of the one-year deadline to file an asylum application and (2) individuals who were encountered by DHS upon arrival or within 14 days of unlawful entry, expressed a fear of return to their country of origin, were released by DHS upon issuance of a Notice to Appear, and did not receive individualized notice of the one-year deadline to file an asylum application.
The above individuals have until March 31, 2022, to file notice that they are members of one of the above classes and to submit their asylum application. Asylum applications submitted under the settlement will be considered timely filed.
Work Permit for Those Ordered Removed
DHS announced a proposed rule that would limit work authorization for persons with final orders of removal that have been temporarily released on an order of supervision (OSUP). Currently, a person with a final order of removal, who is temporarily released from DHS custody on an OSUP, is eligible for work authorization.
Under the proposed rule, for the person to obtain work authorization, they would have to show that DHS has determined their removal from the country is impracticable and that they have an economic need to work. DHS has discretion to approve or deny the application.
The proposed rule also would limit the validity period of the work authorization to one year.
If you have questions about your immigration case, 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 Group. Contact Attorney Evelyn today at 407-647-7887 or epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
