Immigration Now!
USCIS Policy Update regarding False Claim of Citizenship
On April 24, 2020, U.S. Citizenship and Immigration Services (USCIS) announced it is updating its policy in order to follow the Board of Immigration Appeals’ (BIA) decision in Matter of Zhang. This decision held that false claims of U.S. citizenship do not need to be knowingly made to make a non US citizen (USC) deportable under the Immigration and Nationality Act (INA). This will also apply to the false claim to U.S. citizenship ground of inadmissibility.
Under the INA, a non USC is inadmissible or deportable if they falsely claim to be a citizen of the United States for any purpose or benefit under immigration law or under other federal or state law. A waiver may be available for some individuals.
Under the change in policy, is not necessary for the government to show that the individual had the intent to claim to be a USC. This could have been done without knowing that they were falsely claiming to be a USC.
Non USC’s should consult with an immigration attorney before applying for immigration benefits in order to consider the possibility that this ground of inadmissibility or deportability could apply to them. This is especially important for those individuals that have signed Form I-9 as part of the hiring process and might not have realized that the employer selected the USC option.
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 epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Immigration Now!
PPP Loans & Foreign Owned Companies
The Payroll Protection Program (PPP) is a federal loan program to assist small businesses in covering payroll and other specific costs. Small businesses apply for a loan and, if they meet certain requirements, they can request for forgiveness of the amounts owed.
When the PPP came out, the loan application included a question addressing whether the applicant was a US citizen (USC) or a lawful permanent resident (LPR). This was interpreted by many to mean that small businesses owned by non USC’s or LPR’s did not qualify for these loans. However, the actual law did not impose this requirement. In April, the loan application was amended and the question regarding immigration status was removed, making the form consistent with the wording of the law.
What this means is that PPP loans are available for small businesses owned by non USC’s or LPR’s. Of course, non USC or LPR small business owners have additional factors to take into consideration when deciding whether to apply for a PPP loan. Some of these factors include:
- Public charge issues: Will the administration consider the forgiveness of the loan when deciding public charge issues in future applications for immigration benefits?
- Forgiveness of loan and the requirement that a petitioning company be able to sustain itself and its employees
- Is there a benefit to applying for the loan and not seeking forgiveness (e.g., lower interest rates, no personal guarantee requirement)?
Non USC or LPR small business owner should consult with their immigration and business attorneys in order to consider whether applying for a PPP to stay in business is in their best interest.
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 epabonfigueroa@cplspa.com to discuss any immigration issues you may be experiencing.
Post-Conviction
You’ve Been Convicted of a Crime and Lost at Appeal, Now What?
You were charged with committing a crime. At the trial you were found guilty and sentenced. You filed an appeal and lost. What do you do next? If you are in Florida, you can file a motion for post-conviction relief or, as it is sometimes referred to, a 3.850 motion.
With this motion, you are asking the court to vacate, set aside, or correct your judgment or sentence. Florida rules provide reasons that can be used to support the request and in the motion you will argue that these reasons are present in your case.
You only have 2 years after losing your appeal to file the motion, except in the following situations where you have additional time:
1. The sentence exceeds the limits allowed by law.
2. There is new evidence.
3. A new fundamental constitutional right has been established.
4. You retained an attorney to file the motion for post-conviction relief but the attorney did not file the motion.
If you or a loved one has been convicted and lost the appeal, contact Attorney Evelyn J. Pabon Figueroa at (407) 647-7887 or epabonfigueroa@cplspa.com to discuss your case and decide if post-conviction relief is available to you.
Immigration Now!
Public Charge Rule and Victory for International Students
Public Charge Rule Comes Into Effect on February 24, 2020
On August 14, 2019, the Department of Homeland Security (DHS) published a final rule governing the Immigration and Nationality Act’s public charge grounds of inadmissibility. The rule was stopped by nationwide injunctions but, on January 27, 2020, the U.S. Supreme Court granted the administration’s request for a stay of the nationwide injunction. This allows the public charge rule to into go effect, except in Illinois. DHS will begin implementing the rule on February 24, 2020.
This new rule changes the way DHS determines if someone is “likely at any time to become a public charge.” If someone is found to “likely at any time to become a public charge,” that person is found inadmissible to the US. Instead of looking at whether someone is primarily dependent on public benefits, DHS now looks at who has received or is likely to receive one or more of the specified public benefit, for more than 12 months in the aggregate within any 36-month period, to determine if they are inadmissible under the public charge ground.
Public benefit is defined as the following:
- Any federal, state, local, or tribal cash assistance for income maintenance, including Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), and, federal, state, or local cash benefits programs for income maintenance;
- Supplemental Nutrition Assistance Program (SNAP);
- Section 8 Housing Assistance under the Housing Choice Voucher Program as administered by HUD;
- Section 8 Project-Based Rental Assistance (including Moderate Rehabilitation) under Section 8 of the U.S. Housing Act of 1937;
- Medicaid, with certain exceptions, such as benefits received by individuals under the age of 21 and pregnant women (or for a period of 60 days after the last day of pregnancy); and
- Public housing under section 9 of the U.S. Housing Act of 1937
To determine if someone is inadmissible under the public charge rule, DHS will weigh the person’s age; health; family status; education and skills; and assets, resources, and financial status. Receiving one or more of the specified public benefits for 12 or more months in the aggregate within any 36-month period, beginning no earlier than the 36 months prior to the application for adjustment of status or adjustment, is a heavily weighted negative factor.
DHS will not regard as a negative factor the receipt of specified benefits prior to the rule’s effective date, with the exception of cash assistance and long-term institutionalization benefits.
Nationwide Injunction: Change to Unlawful Presence for International Students
On August 9, 2018, the current administration attempted to change the way unlawful presence is calculated for students and exchange visitors in F, J, and M nonimmigrant status. Prior to the administration’s change, those individuals in the above nonimmigrant statuses would start accumulating unlawful presence on the day after USCIS formally made a determination that they violated their status or on the day an immigration judge ordered them excluded, deported, or removed. The new policy made it so that these individuals would start accumulating unlawful presence the day after they engaged in any activity that was not consistent with their status (e.g., no longer pursuing their course of study, engaging in unauthorized employment).
In response to this policy change, a lawsuit was filed in U.S. District Court for the Middle District of North Carolina. On February 6, 2020, the Court issued a permanent, nationwide, injunction. The injunction permanently stops the implementation of the new policy. The Court granted the permanent injunction to have nationwide impact. This means that the government cannot enforce their new policy anywhere in the US.
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!
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.
Immigration Now!
Raids on Hold, But Prepare Yourself & Know Your Rights
On June 21, 2019, reports came out that U.S. Immigration and Customs Enforcement (ICE) would be conducting raids against family units with final removal orders. The day after, President Trump tweeted that the raids were put on hold to allow Congress to come together and work on a solution to the “Asylum and Loophole problems at the Southern Border.” According to the President, the hold would be for 2 weeks. Migrant families should prepare for the possibility that the raids start once the 2 weeks expire. They should make sure to know their rights in case they come into contact with an ICE officer.
Migrant families have the following rights if ICE visits their home:
1. They do not have to open the door, unless the ICE officers have a valid search warrant signed by a judge. An ICE deportation warrant is not sufficient to allow the officers entry into the home. Individuals should ask the officers to slide the search warrant signed by the judge under the door and review it carefully to make sure all the information is correct (e.g., name, address, judge signature).
2. Individuals have a right to remain silent. They do not have to answer questions or provide documents. It is very important that they verbally say that they choose to remain silent.
3. Individuals have the right to speak to a lawyer. If the individual is detained or taken into custody, they have a right to speak to a lawyer and should inform this to the ICE officers. If they do not have a lawyer, they can ask to contact their consulate and request assistance with locating a lawyer.
At https://www.nilc.org/issues/immigration-enforcement/everyone-has-certain-basic-rights/, a Know Your Rights card is available in different languages. Individuals should keep this card with them at all times and hand it over to an immigration or police officer if they are stopped.
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!
Trump Administration Wants Immigrant’s Social Media Information & House Provides Path to Citizenship for Dreamers
Trump Administration Wants Immigrant’s Social Media Information
Effective May 31, 2019, the Department of State updated the nonimmigrant and the immigrant visa applications. The updated forms collect social media identifiers, which will be used for screening purposes. The passwords to access the social media accounts will not be requested. All nonimmigrant and immigrant visa categories are affected, except A-1, A-2, C-2, C-3 (except attendants, servants, or personal employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3, NATO-4, NATO-5, and NATO-6.
House Provides Path to Citizenship for Dreamers
The US House of Representatives passed H.R. 6, the American Dream and Promise Act of 2019. This bill would create permanent protections for Dreamers, participants in the Deferred Action for Childhood Arrivals (DACA) program, and beneficiaries of Temporary Protected Status (TPS) and Deferred Enforced Departure (DED). The bill would provide protection from deportation and create a path to citizenship to over 2 million Dreamers and TPS and DED recipients.
Before becoming law, the bill would have to be passed by the US Senate and signed by the President.
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.
